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<DIV><FONT face=Arial
size=2>*************************************************************<BR>
THE TANACH STUDY CENTER [http://www.tanach.org]<BR> In Memory of
Rabbi Abraham Leibtag<BR> Shiurim in Chumash & Navi by Menachem
Leibtag<BR>*************************************************************</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>PARSHAT MISHPATIM [shiur #
1]<BR> <BR>WHEN DID BNEI YISRAEL SAY 'NA'ASEH VE-NISHMA'?</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> When did Bnei Yisrael declare 'na'aseh
ve-nishma'? <BR> 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!<BR> In the following shiur, we will uncover the source of (and
the reason for) this controversy.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>WHERE DOES PARSHAT MISHPATIM REALLY
BEGIN?<BR> 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).<BR> 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:<BR>"And God said to Moshe:
"Ko tomar el Bnei Yisrael... "<BR> [Thus you shall say
to Bnei Yisrael:]<BR> * "You saw that I spoke to you from the
Heavens.<BR> * Do not make any idols of
Me...<BR> * An altar made from earth you
shall make for Me..."<BR> (see 20:19-23).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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: <BR>"And these are the mishpatim (rules)
that you shall set before them..." [see 21:1 / see also Rashi & Ibn
Ezra].</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.<BR> 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.<BR> 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. <BR>[In our other shiur on Mishpatim, we discuss the content of
this special unit, which contains a special unit of mitzvot.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>WHAT MOSHE DOES WHEN HE
RETURNS<BR> 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. <BR> And
indeed, this seems to be exactly what we find in the beginning of chapter
24:<BR>"... 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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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!<BR> 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:<BR>"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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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?<BR> 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:<BR>"Then Moshe, Aharon, Nadav & Avihu, and the seventy elders ascended
the mountain, and they 'saw' the God of Israel..." (see 24:9-11).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>RAMBAN'S APPROACH [the 'simple'
pshat]<BR> 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.
<BR> 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).<BR> As Bnei Yisrael now hear these mitzvot for the first time,
they immediately confirm their acceptance:<BR>"... and the people answered
together saying: 'All that God has commanded us - na'aseh - we shall keep"
(24:3).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE CEREMONY<BR> 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.<BR> 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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> The highlight of that ceremony takes
place in 24:7 when Moshe takes this 'sefer ha-brit' - and reads it aloud:
<BR>"... 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).<BR>[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'.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> As a symbolic act - reflecting the people's
acceptance of this covenant:<BR>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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Afterward, the ceremony concludes as its
official leadership, representing the entire nation, ascends the mountain and
bows before God:<BR>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). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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. <BR> This seems to be a nice
and simple interpretation for 24:1-11, and reflects the basic approach of
Ramban, Ibn Ezra and Rashbam.<BR> Yet despite its simplicity, Rashi (and
most likely your first Chumash teacher) disagree!</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>RASHI'S APPROACH - LAST THINGS
FIRST<BR> 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.
<BR> 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. <BR> 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!]<BR> However, by undertaking a
more comprehensive analysis, we will show how Rashi's interpretation is not only
textually based, but also thematically quite significant.<BR> Let's first
consider some factors that may have led Rashi to his conclusion. <BR> 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).<BR> 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.<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>FILLING IN THE MISSING LINKS
<BR> 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.
<BR> 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!<BR>[See
19:20-25.]<BR> 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.<BR> 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). <BR>[See Ibn Ezra aroch on 19:13, quoting this
peirush in the name of Shmuel ben Hofni!]<BR> 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!<BR>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.] </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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)!<BR> 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. <BR> Let's
consider the thematic implications of Rashi's interpretation, for they are quite
significant. <BR> <BR>'WHY' BEFORE
'HOW'<BR> 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. <BR> 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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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:<BR> * Torah study (see
24:3-4),<BR> * A 'kiddish' i.e. offering (and eating) korbanot
(see 24:5-6,11),<BR> * A public ceremony [sprinkling the blood on
everyone] <BR> - followed by public declaration of 'na'aseh ve-nishma'
<BR> (see 24:7-8),<BR> * The nation's leaders
symbolically approach God (see 24:9-11). <BR> [What we
would call today a full-fledged 'shabbaton'!]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>YIR'A & AHAVA<BR> 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?<BR> 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].<BR> 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".] <BR> 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'.<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> shabbat
shalom,<BR> menachem</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>==============<BR>FOR FURTHER IYUN<BR>A. See
Ramban on 19:5, especially "al derech ha-emet..."! Relate each part of
this Ramban to the above shiur.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>B. See Shabbat 88a, regarding the machloket
when the dibrot were given. Relate this sugya to the above shiur.
</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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?]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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.)</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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.]<BR> 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).</FONT></DIV>
<DIV> </DIV>
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