After בני ישראל hear the עשרת הדברות, before Moshe goes up the mountain to get the לוחות, ה׳ tells him a series of laws:
The first 4 psukim (which are in this week’s parasha, not next week’s, which has the bulk of the laws) are about the way we serve ה׳ in the מקדש. There’s a famous מחלוקת between Rashi and Ramban whether the משכן was “לכתחילה” or not. Rashi says the משכן was only a response to the sin of the Golden Calf:
But Ramban says that the commandment to build the משכן was given before that sin; ה׳ always intended the people to build a משכן in the wilderness:
But it is worth noting that their argument is only about the משכן ; they agree that the בית המקדש was לכתחילה. Once they got to the land, the people needed to find המקום אשר יבחר ה׳ and build a temple there. So these psukim are details of that construction:
But why put these few laws here, when we have two and a half parshiot of laws coming up? Sforno, strikingly, says that these are all of the laws of the ”בית המקדש“. If not for the sin of the Golden Calf, there would have been no need for a building or central altar at all:
And he explicitly says that sacrifices would have been brought anywhere in his introduction to the Torah, כוונות התורה:
The problem is what we talked about last week: the idea of a מקדש came up in שירת הים, well before any sin of the people:
And Sforno himself connects this to the משכן and בית המקדש:
Rav Copperman explains that there are mitzvot connected to a central location of עבודת ה׳ that are presented in פרשת משפטים, before the sin of Golden Calf, that Sforno would have to agree were לכתחילה. It’s only the קרבנות חובה that became associated with a central location, that required an impressive building with gold and stone. Those became mitzvot only after the people lost their deeper connection to הקב״ה from מעמד הר סיני:
But the Torah was written after 40 years in the wilderness. Why write down the laws that don’t apply? Rav Copperman understands Sforno as explaining the פשוטו של מקרא (and this informs Rav Copperman’s approach to the text in general). Sforno would agree with Rashi that the way to understand our psukim is in accordance with the halachic דרש: they are laws of the בית המקדש. But why write them in a way that implies that the בית המקדש is unnecessary—בכל המקום אשר אזכיר את שמי אבוא אליך?
To summarize: the דרש, the תורה שבעל פה, is the letter of the law. The פשט represents the spirit of the law. And we need to keep that in mind as we go through the actions. That is why we start our עבודה with ה׳ שפתי תפתח: