[Par-reg] Parshat Mishpatim - shiur #1

[Menachem Leibtag]

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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 # 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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