[Par-reg] Parshat Mishpatim - shiur #1

[Menachem Leibtag]

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
  In Memory of Rabbi Abraham Leibtag
 Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************
 
PARSHAT MISHPATIM    [shiur # 1]
  
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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