[Par-lite] Parshat Mishpatim - additional shiur
Menachem Leibtag
tsc at bezeqint.net
Thu Feb 23 16:29:10 EST 2006
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THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
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PARSHAT MISHPATIM [shiur # 2]
WHEN DID BNEI YISRAEL SAY 'NA'ASEH VE-NISHMA'?
When did Bnei Yisrael declare 'na'aseh ve-nishma'?
Most of us would probably answer: before they received
the Ten Commandments (Rashi's opinion / and most of all
elementary school teachers). However, many other commentators
(including Ramban) disagree!
In the following shiur, we will uncover the source of
(and the reason for) this controversy.
WHERE DOES PARSHAT MISHPATIM REALLY BEGIN?
Recall from Parshat Yitro that after Bnei Yisrael
heard the Ten Commandments directly from God, they were
overcome by fear and asked Moshe to act as their intermediary
(see Shmot 20:15-18).
The result of this 'change in the plan' (i.e.
'transmission via Moshe' instead of 'directly from God')
becomes apparent in the very next pasuk. Note how the next
'parshia' (i.e. 20:19) begins as God commands Moshe (now
acting as His intermediary) to relay an additional set of
mitzvot to Bnei Yisrael:
"And God said to Moshe: "Ko tomar el Bnei Yisrael... "
[Thus you shall say to Bnei Yisrael:]
* "You saw that I spoke to you from the Heavens.
* Do not make any idols of Me...
* An altar made from earth you shall make for Me..."
(see 20:19-23).
However, this set of commandments that began with 'ko
tomar' does not end here with the conclusion of Parshat Yitro.
If you follow these psukim carefully, you'll note how these
mitzvot continue directly into Parshat Mishpatim with:
"And these are the mishpatim (rules) that you shall set before
them..." [see 21:1 / see also Rashi & Ibn Ezra].
In fact, this set of laws that began with 'ko tomar'
continues all the way until the end of chapter 23! It is
only in 24:1 where this long quote (of what Moshe is
instructed to tell Bnei Yisrael) finally ends. At that point,
the Torah then resumes its narrative by describing the events
that take place at Har Sinai.
Based on this simple analysis, we have basically
identified a distinct unit of 'mitzvot' [from 20:19 thru
23:33) embedded within the story of Ma'amad Har Sinai.
In the following shiur, we will show how the
identification of this unit can help us understand the
controversy concerning when the story in chapter 24 takes
place.
[In our other shiur on Mishpatim, we discuss the content of
this special unit, which contains a special unit of mitzvot.]
WHAT MOSHE DOES WHEN HE RETURNS
Considering that this unit began with God's commandment
to Moshe of: 'ko tomar' [thus you shall say to Bnei Yisrael];
once the quote of those mitzvot is complete (i.e. at the end
of chapter 23), we should expect to find a narrative that
tells us how Moshe fulfilled this command by telling over
these mitzvot to Bnei Yisrael.
And indeed, this seems to be exactly what we find in the
beginning of chapter 24:
"... And Moshe came [back down from the mountain] and told the
people all the divrei Hashem (God's words) and all the
mishpatim" (see 24:3).
If 'divrei Hashem' refers to the laws in 20:19-22, and
'ha-mishpatim' refers to the laws that continue in Parshat
Mishpatim (see 21:1), then this pasuk is exactly what we're
looking for!
However, as you probably noticed, there is one minor
problem. We would have expected this sentence (i.e. 24:3) to
be the first pasuk in chapter 24; but instead it is the third.
For some reason, what should have been the opening pasuk is
preceded by a short recap of another commandment that God had
given Moshe:
"And Moshe was told to ascend the mountain [to God] with
Aharon, and Nadav & Avihu, and the seventy elders to bow at a
distance, after which Moshe himself will approach closer,
while the others will not ..." (see 24:1-2, read carefully).
It is important to note that 24:2 forms the continuation
of God's command that began in 24:1 - and is not a description
of what Moshe did after that command! In other words, these
psukim describe some sort of ceremony that God had commanded
Moshe to conduct at Har Sinai. The question will be: When did
this ceremony take place, and why?
Even though the meaning of these psukim (i.e. 24:1-2)
may first seem unclear, later in chapter 24 we find precisely
what they refer to:
"Then Moshe, Aharon, Nadav & Avihu, and the seventy elders
ascended the mountain, and they 'saw' the God of Israel..."
(see 24:9-11).
Therefore, to determine what Moshe is 'talking about' in
24:3, we must take into consideration not only the 'ko tomar'
unit (20:19-23:33) that he was commanded to convey, but also
this ceremony where he and the elders are instructed to ascend
Har Sinai and bow down from a distance, as 'parenthetically'
described in 24:1-2.
RAMBAN'S APPROACH [the 'simple' pshat]
Ramban explains these psukim in a very straightforward
manner. He keeps chapter 24 in its chronological order, and
hence understands 24:1-2 as an instruction for Moshe to
conduct a ceremony immediately after he relays the mitzvot of
the 'ko tomar' unit.
Therefore, when "Moshe came and told the people the
divrei Hashem and all the mishpatim" (see 24:3), the 'divrei
Hashem' and 'mishpatim' must refer to what was included in the
'ko tomar' unit. Hence, Ramban explains that 'mishpatim'
refers to the 'mishpatim' introduced in 21:1, while (by
default) the 'divrei Hashem' must refer to all the other
'mitzvot' in this unit that do not fall under the category of
'mishpatim' (surely 20:19-22, and most probably some of the
laws and statements in chapter 23 as well).
As Bnei Yisrael now hear these mitzvot for the first
time, they immediately confirm their acceptance:
"... and the people answered together saying: 'All that God
has commanded us - na'aseh - we shall keep" (24:3).
Even though Bnei Yisrael had already proclaimed 'na'aseh'
before Matan Torah (see 19:5-8), this second proclamation is
necessary for they have just received an additional set of
mitzvot from God, even though it had been conveyed to them via
Moshe.
THE CEREMONY
It is at this point in the narrative that Moshe begins
the 'ceremony' that was alluded to in 24:1-2. Let's take a
look at its details.
First, Moshe writes down the 'divrei Hashem' (see
24:4) in an 'official document' - which most all commentators
agree is the 'sefer ha-brit' described in 24:7. Then; he
builds a 'mizbeiach' [altar] and erects twelve monuments (one
for each tribe) at the foot of the mountain. These acts are
in preparation for the public gathering that takes place on
the next day - when Bnei Yisrael offer olot and shlamim on
that alter (see 24:5-6).
The highlight of that ceremony takes place in 24:7
when Moshe takes this 'sefer ha-brit' - and reads it aloud:
"... Then Moshe took the sefer ha-brit and read it aloud to
the people, and they answered: Everything which God has spoken
to us - na'aseh ve-nishma [we shall keep and obey] (24:7).
[Later in the shiur we will discuss what precisely was written
in this sefer ha-brit and why the people respond 'na'aseh
ve-nishma'.]
As a symbolic act - reflecting the people's acceptance
of this covenant:
Moshe then took the blood [from the korbanot] and sprinkled it
on the people and said: This is the dam ha-brit - blood of the
covenant... concerning these commandments..." (24:8).
Afterward, the ceremony concludes as its official
leadership, representing the entire nation, ascends the
mountain and bows before God:
Then Moshe, Aharon, Nadav, and Avihu, and the seventy elders
of Israel went up (the mountain) and they saw the God of
Israel... And upon the nobles of Israel He laid not His hand;
and they beheld God, and ate and drank (24:9-11).
Clearly, this ascent by the elders fulfills God's command
as detailed in 24:1. In this manner, God had instructed Moshe
not only to convey a set of laws to Bnei Yisrael, but also to
present them as part of national ceremony.
This seems to be a nice and simple interpretation for
24:1-11, and reflects the basic approach of Ramban, Ibn Ezra
and Rashbam.
Yet despite its simplicity, Rashi (and most likely
your first Chumash teacher) disagree!
RASHI'S APPROACH - LAST THINGS FIRST
Quoting the Mechilta on 24:1, Rashi claims that this
entire ceremony - including Moshe telling over the 'divrei
Hashem & mishpatim', writing down and reading the 'sefer
ha-brit', and proclaiming na'aseh ve-nishma , etc. (i.e.
24:1-11) - all took place before Matan Torah, and hence before
this 'ko tomar' unit was ever given to Moshe Rabeinu.
This conclusion obviously forces Rashi to provide a
totally different interpretation for the phrases 'divrei
Hashem & 'ha-mishpatim' in 24:3 and for 'sefer ha-brit' in
24:7 - for they can no longer refer to mitzvot in the 'ko
tomar' unit.
At first glance, Rashi's approach seems unnecessary
(and rather irrational). [Note how Ramban takes issue with
this approach in his opening comments on 24:1!]
However, by undertaking a more comprehensive analysis, we
will show how Rashi's interpretation is not only textually
based, but also thematically quite significant.
Let's first consider some factors that may have led
Rashi to his conclusion.
First of all, the very manner in which chapter 24
begins is quite peculiar - as it opens in 'past perfect' tense
["Ve-el Moshe amar..." - and to Moshe it was told (see 24:1),
indicating that all of the events recorded in 24:1-11 may have
occurred earlier. Furthermore, if chapter 24 is indeed a
continuation of the 'ko tomar' unit, then 24:3 should have
been the first pasuk (as we discussed above).
These considerations alone allow us to entertain the
possibility that these events may have taken place at an
earlier time. Recall however that the events that took place
before Matan Torah were already described in Shmot chapter 19.
Recall as well (from our shiur on Parshat Yitro) that chapter
19 contained numerous details that were very difficult to
explain.
Therefore, Rashi's approach allows us to 'weave' the
events described 24:1-11 into chapter 19, thus explaining many
of the ambiguities in that chapter.
FILLING IN THE MISSING LINKS
For example, recall from 19:22 how God tells Moshe to
warn the 'kohanim who stand closer', yet we had no idea who
these kohanim were! However, if the events described in
24:1-11 took place at that time (i.e. before Ma'amad Har
Sinai), then clearly the kohanim in 19:22 refer to the elite
group (Nadav, Avihu, and the seventy elders) singled out in
24:1 & 24:9 - who were commanded to 'come closer' - but not as
close as Moshe.
Furthermore, this interpretation explains the need for
the extra warning in 19:20-25 [what we referred to as the
'limitation section']. Recall how the ceremony (described in
24:4-11) concludes as this leadership group ascends the
mountain and actually 'sees' God (see 24:10). Nevertheless
they are not punished (see 24:11). Despite God's leniency in
this regard at that time, He must command Moshe before Ma'amad
Har Sinai to warn both the people and the kohanim not to allow
that to happen once again!
[See 19:20-25.]
Rashi's interpretation carries yet another 'exegetic'
advantage. Recall that Bnei Yisrael had already proclaimed
'na'aseh' in 19:7-8. If so, then there appears to be no need
to repeat this proclamation in 24:3. However, if 24:3 takes
place before Matan Torah, then 24:3 simply recaps the same
event that already took place in 19:7-8.
Finally, Rashi's interpretation can also help us
identify the 'heim' mentioned in 19:13 - who are allowed to
ascend Har Sinai once the Shofar sounds a long blast. Most
likely, the 'heim' are that very same elite group who are
permitted to partially ascend Har Sinai during the ceremony
(as described in 24:1-2, 9).
[See Ibn Ezra aroch on 19:13, quoting this peirush in the name
of Shmuel ben Hofni!]
These 'textual' considerations supply the
'circumstantial evidence' that allows Rashi to place the
events of 24:1-11 within chapter 19, and hence before Matan
Torah! With this in background, let's see how Rashi explains
the details of 24:3 based on the story in chapter 19!
And Moshe came [see 19:14] and told the people 'divrei Hashem'
= the laws of 'prisha' [see 19:15] and 'hagbala' [see
19:12-13] and the 'mishpatim' = the seven Noachide laws and
the laws that Bnei Yisrael received at Mara (see Shmot 15:25).
[See Rashi on 24:3.]
In the next pasuk, Rashi reaches an amazing conclusion.
Because these events took place before Matan Torah, Rashi
explains that the 'divrei Hashem' which Moshe writes down in
24:4 [which later become the 'sefer ha-brit' that Moshe reads
in 24:7] is no less than all of Sefer Breishit (and the first
half of Sefer Shmot)!
How about Bnei Yisrael's reply of 'naaseh ve-nishma'
(in 24:7)? Even though Rashi doesn't explain specifically
what this refers to, since it was stated before Matan Torah,
it clearly implies Bnei Yisrael's acceptance of all the
mitzvot that God may given them, before they know what they
are! Hence, this statement is popularly understood as
reflective of a statement of blind faith and commitment.
Let's consider the thematic implications of Rashi's
interpretation, for they are quite significant.
'WHY' BEFORE 'HOW'
Identifying Sefer Breishit as the 'sefer ha-brit' that
Moshe reads in public (in 24:7) ties in beautifully with our
discussion of the primary theme of Sefer Breishit. It should
not surprise us that Chumash refers to Sefer Breishit as
'sefer ha-brit' - for this highlights the centrality of God's
covenant with Avraham Avinu [i.e. brit mila & brit bein
ha-btarim] as its primary theme.
But more significant is the very fact that God
commands Moshe to teach Sefer Breishit to Bnei Yisrael before
they receive the Ten Commandments and the remaining 'mitzvot'
of the Torah. Considering that Sefer Breishit explains how
and why Bnei Yisrael were first chosen, it is important that
Bnei Yisrael must first understand why, i.e. towards what
purpose - they are receiving the Torah, before they actually
receive it. [This would imply that before one studies how to
act as a Jew, it is important that he first understand why he
was chosen.]
Finally, Rashi's interpretation (placing 24:1-11
before Matan Torah) adds tremendous significance to the nature
of the three-day preparation for Ma'amad Har Sinai (see
19:10-16). Recall how chapter 19 described quite a
'repressive' atmosphere, consisting primarily of 'no's' [don't
touch the mountain, don't come too close, wash your clothes,
and stay away from your wives, etc.]. But if we weave the
events in 24:1-11 into this three-day preparation, then what
emerges is a far more festive and jubilant atmosphere,
including:
* Torah study (see 24:3-4),
* A 'kiddish' i.e. offering (and eating) korbanot (see
24:5-6,11),
* A public ceremony [sprinkling the blood on everyone]
- followed by public declaration of 'na'aseh
ve-nishma'
(see 24:7-8),
* The nation's leaders symbolically approach God (see
24:9-11).
[What we would call today a full-fledged 'shabbaton'!]
YIR'A & AHAVA
Despite the beauty of Rashi's approach, one basic (and
obvious) question remains: What does the Torah gain by
dividing this story of Ma'amad Har Sinai in half; telling only
part of the story in chapter 19 and the remainder in chapter
24? Would it not have made more sense to describe all of
these events together in chapter 19?
One could suggest that in doing so, the Torah
differentiates between two important aspects of Ma'amad Har
Sinai. Chapter 19, as we discussed last week, focuses on the
yir'a [fear] perspective, the people's fear and the
awe-inspiring nature of this event. In contrast, chapter 24
focuses on the ahava [love] perspective, God's special
closeness with Bnei Yisrael, which allows them to 'see' Him
(see 24:9-11) and generates a joyous event, as they join in a
festive meal [offering olot & shlamim (which are eaten) / see
24:5-6,11].
To emphasize the importance of each aspect, the Torah
presents each perspective separately, even though they both
took place at the same time. Recording the 'fear' aspect'
beforehand, stresses the importance of the fear of God
['yir'at shamayim'] and how it must be the primary
prerequisite for receiving the Torah. [See Tehillim 111:10:
"reishit chochma yir'at Hashem".]
By recording the 'ahava' aspect at the conclusion of
its presentation of the mitzvot given at Har Sinai, the Torah
emphasizes how the love of God (and hence our closeness to
Him) is no less important, and remains the ultimate goal.
Hence, this 'ahava' aspect is also isolated, but recorded at
the conclusion of the entire unit to stress that keeping God's
mitzvot can help us build a relationship of 'ahavat Hashem'.
This lesson remains no less important as we adhere to
the laws of Matan Torah in our daily lives. It challenges us
to integrate the values of both 'yir'at shamayim' and 'ahavat
Hashem' into all our endeavors.
shabbat shalom,
menachem
==============
FOR FURTHER IYUN
A. See Ramban on 19:5, especially "al derech ha-emet..."!
Relate each part of this Ramban to the above shiur.
B. See Shabbat 88a, regarding the machloket when the dibrot
were given. Relate this sugya to the above shiur.
C. Based on the structure of the 'ko tomar' unit, which is
followed by 'brit na'aseh ve-nishma' and where Bnei Yisrael
build a mizbeiach and offer olot & shlamim, explain why the
primary mitzva in the opening section (i.e. 20:21-23) is
"mizbach adama ta'aseh li..." [Does this insight support
Rashi or Ramban's interpretation?]
D. Chizkuni, following Rashi, also explains that the covenant
in chapter 24 takes place before Matan Torah. However, he
explains that sefer ha-brit (in 24:7) is the tochacha in
Parshat Behar-Bechukotai, even though it is only recorded much
later in Chumash (see Vayikra chapter 26). According to
Chizkuni, the sefer ha-brit explains how the land will serve
as a vehicle to either reward or punish Bnei Yisrael,
depending upon their observance or neglect of the mitzvot they
are about to receive. (This peirush also neatly explains why
the phrase "ki li kol ha-aretz" appears in 19:5.)
E. Note that Rashi's interpretation provides us with an
excellent example of his exegetic principle of 'ein mukdam
u-me'uchar' / see shiur on Parshat Yitro. Because of the many
textual and thematic parallels between chapters 19 & 24, Rashi
prefers to change the chronological order of the 'parshiot' so
as to arrive at a more insightful interpretation. In
contrast, Ramban prefers to keep these parshiot in
chronological order.]
Note as well that according to Rashi, the entire Ko Tomar
unit including the 'mishpatim') was given to Moshe Rabeinu
during his first forty days on Har Sinai (see Rashi 31:18).
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