[Par-reg] for Yom Kippur & Selichot - 13 midot ha'rachaim

Menachem Leibtag tsc at bezeqint.net
Mon Oct 6 09:29:13 EDT 2008


A version of the following shiur in power point is
available at
   www.tanach.org/special/13mid.ppt

a audio version of this shiur is also available at
www.tanach.org/audio/13midSk.mp3


********************************************************
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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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               GOD'S THIRTEEN MIDDOT HA-RACHAMIM

           for SELICHOT, ROSH HA'SHANA & YOM KIPPUR

     Our recitation of the thirteen 'middot ha-rachamim'
[God's thirteen attributes of mercy] is certainly the
focal
point of the 'selichot' prayers and the highlight of
'ne'ila'
on Yom Kippur.  But how are we to understand this
recitation?
Is it a 'hokus pokus' type magic formula through which
one can
achieve automatic atonement?
     In the following shiur, we attempt to prove quite
the
opposite.  By undertaking a comprehensive analysis of
when and
why God first declared these middot (in the aftermath of
'chet
ha-egel'), we will show how their recitation relates to
the
very essence of 'tefilla' [prayer] and our special
relationship with God.
     Our conclusions will also help us appreciate the
transition from Rosh Ha'shana to Yom Kippur; as the
focus of
our prayers shifts from 'din' [judgement] to 'rachamim'
[mercy].

INTRODUCTION - FROM CREATION TO COVENANT
     When we speak of 'attributes' [middot] in relation
to
people, we usually find that they are not absolute.  For
example, the same person can be a loving, kind, and
merciful
father, while at work he can be a strict, demanding, and
uncompromising boss over his employees.  The reason why
is
quite simple - attributes are often a function of a
relationship.  So too, we posit in relationship to God.
Should we find that God exhibits different attributes -
it may
stem from the very nature of His relationship with man.
     In our daily lives, we are all familiar with the
complexity of relationships, no less so is the nature of
our
relationship with God.  In fact, from a certain
perspective,
we could consider Chumash as the story of the
development of
the special relationship that forges between God and the
people of Israel.
     Therefore, we begin our shiur by tracing that
relationship from its very inception, while paying
careful
attention to how the concept of covenant evolves from
Sefer
Breishit to Sefer Shmot.

BRITOT IN SEFER BREISHIT
     Recall from our study of Sefer Breishit how Gan
Eden
reflected an ideal (intense) relationship between man
and God.
However, due to man's sin, that relationship became
tainted
and Adam and Eve were banished from that garden.
     Despite this banishment, God continued His
relationship
with mankind, but at a more distant level.  Therefore,
when
Adam's offspring developed into a totally corrupt
society, God
found it necessary to destroy that society with a Flood
[i.e.
the mabul], saving only Noach and his family.
     After the mabul, God's relationship with mankind
entered
a new stage, reflected by God's covenant with Noach
('brit ha-
keshet' / see 9:8-16).  Note that for the first time, we
find
a brit between God and mankind, a concept that will be
found
later as well in God's relationship with Am Yisrael.
     God's hopes for the generation of Noach's offspring
were
shattered by the events at Migdal Bavel (see 11:1-9).
In the
aftermath of these various 'failures' of mankind, Sefer
Breishit shifted it focus to the story of how God chose
Avraham Avinu to become the forefather of His special
nation,
whose goal would be to steer mankind back in the proper
direction (see 12:1-8, 15:1-20, 17:7-8, 18:17-19 etc.).
     As those events unfold, we find once again, how
this
evolving relationship is defined by various britot
[covenants]
between God and Avraham; the classic examples being: -
brit
bein ha-btarim (see 15:18) and brit mila (see 17:7-8) -
or
what is commonly referred to as 'brit avot'.
  [For a more complete explanation, see Seforno in his
  introduction to Sefer Breishit, see also TSC shiurim
on
  Parshiot Noach & Lech Lecha.  See also the
introductory
  section of the piyut 'Amitz koach', which describes
the
  avodat kohen gadol (that 'nusach ashkenaz' uses for
  Mussaf on Yom Kippur).  It is not by chance that its
  author begins that piyut with the story of Creation
from
  a similar perspective.]

FROM BRIT AVOT TO BRIT SINAI
     Sefer Shmot begins as God redeems Bnei Yisrael from
their
bondage in Egypt, as He promised Avraham Avinu in brit
bein ha-
btarim.  But according to that covenant, Bnei Yisrael
were
also destined to inherit the Land of Israel (after their
redemption), thus fulfilling brit avot.
     However, to enhance the very purpose of brit avot,
God
convenes an additional covenant with Bnei Yisrael at Har
Sinai, before they enter the land.  According to this
covenant
[often referred to as 'brit Sinai'), not only will Bnei
Yisrael become a 'great' nation (see Breishit 12:1-3),
they
are to become a holy nation - a 'goy kadosh' (see Shmot
19:6).
     To appreciate this 'upgrade', let's take a closer
look at
God's proposal to Bnei Yisrael, upon their arrival at
Har
Sinai:
  "[God summons Moshe and proposes:] 'You have seen what
I
  did to Egypt... and now I have brought you to Me.
  * Now then, if you will obey Me faithfully and keep My
  brit, and you will be My segula...
  * Then you shall become for Me a kingdom of priests
and a
  goy kadosh [holy nation], speak these words to Bnei
  Yisrael"  (see Shmot 19:4-6).
  
     Note how this proposal describes a 'two sided'
deal;
hence a covenant - a brit.  By accepting and keeping
God's
special commandments, Am Yisrael becomes a goy kadosh -
a holy
nation - and hence a 'kingdom of priests', thus
representing
God as His special nation.
  [Just as within Am Yisrael the kohen serves as the
  representative of God for the twelve tribes - on a
  universal level, the nation of Israel serves as God's
  representative, by acting as a model nation for other
  nations to follow.  (See Ramban on Devarim 32:26!)]

     Upon their acceptance of this proposal (see
19:7-8), the
next step will be to receive the laws [mitzvot] that
will make
them a goy kadosh.  Hence, Bnei Yisrael are instructed
to
prepare themselves for this special occasion (see
19:9-25),
better known as Ma'amad Har Sinai, where they will
receive the
first set of laws, better known as the 'Ten
Commandments' (see
20:1-15).

THE FIRST COVENANT - BRIT MA'AMAD HAR SINAI
     This backdrop can help us appreciate why the Torah
refers
to the Ten Commandments (and the mitzvot which follow)
as a
covenant (between God and Bnei Yisrael).  For example,
recall
the opening statement of Moshe Rabbeinu's main speech of
Sefer
Devarim (that begins with the Ten Commandments):
  "The Lord our God made a covenant with us at Chorev.
Not
  [only] with our forefathers did God make this
covenant,
  but rather with us..."  (see Devarim 5:2-6)
  
     This also explains the need for the covenantal
ceremony
that takes place at Ma'amad Har Sinai, as described in
the
closing section of Parshat Mishpatim (see 24:3-11),
where Bnei
Yisrael declare their acceptance of these laws.  Note as
well
how the Torah's refers to these laws as 'sefer ha-brit':
  "And Moshe took the sefer ha-brit and read it to the
  people, whereupon they declared: All that God has
  commanded we will do and listen [na'aseh ve-nishma].
  Then Moshe took the blood and sprinkled it on the
people,
  saying: Behold this is the blood of the covenant ['dam
ha-
  brit'] between you and God concerning these laws..."
  (Shmot 24:7-8, note context from 24:3-7).
Therefore, as a testimony of this covenant, Moshe
ascends Har
Sinai to receive the 'luchot' (see 24:12-13); later
referred
to as 'luchot ha-eidut' (see Shmot 31:18) and 'luchot
ha-brit'
(see Devarim 9:9-11).
  With this background, we can begin our shiur.

'COMMANDMENTS' or 'STATEMENTS'
     Thus far, we have shown how brit Sinai is more than
just
a 'list of laws'.  Rather, it reflects a special
relationship
between God and His people.  Furthermore, a covenant by
its
very nature is a two-sided deal.  Therefore, it includes
not
only laws and conditions, but also the consequences
should one
side break these laws.  [Ask your lawyer, it's in every
legal
contract!]
     And this is precisely what we find in the Ten
Commandments.  To your surprise, in addition to the
laws, the
Ten Commandments also describe how God will reward (or
punish)
those who obey (or disobey) His commandments.
  [Note that the popular translation of the 'aseret ha-
  dibrot' as the Ten commandments can be misleading.
  Dibrot means 'statements' - and these statements
includes
  both laws and their consequences!]

GOD's MIDDOT IN THE FIRST LUCHOT
     With this in mind, let's take a closer look at the
opening section of the Ten Commandments, to see how God
threatens to react, should one break this covenant.  In
our
selective quote, we will take note (in CAPS) of any
phrase
that indicates a specific divine attribute [MIDDA]:
     "I am the Lord your God...
     You shall have no other gods besides Me...
  Do not bow down to them or worship them, for I the
Lord
  am a:
   KEL KANA - a ZEALOUS God

   POKED AVON AVOT AL BANIM –
    REMEMBERING THE SIN of parents upon their
children...
    [LE-SON'AI] - for those who reject Me, but

   OSEH CHESED - SHOWING KINDNESS...
    for those who love me and follow my laws -
    [LE-OHAVAI u-leshomrei mitzvotai]"
                     (See 20:2-6).

     Note how the second Commandment includes three
attributes
concerning our relationship with God:
     1) KEL KANA - a zealous God
     2) POKED AVON AVOT AL BANIM - LE-SON'AI
          HARSH punishment for those who reject God
     3) O'SEH CHESED LA-ALAFIM - LE-OHAVAI
          Kindness & reward for those follow God.

     Similarly, in the third Commandment, we find yet
another
MIDDA [divine attribute]:
  "Do not say in vain the NAME of God - ki LO YENAKEH
  HASHEM - for God will NOT FORGIVE he who says his Name
in
  vain." (20:7)

    Let's add this fourth attribute to the above list:
       4) LO YENAKEH HASHEM - He will not forgive

     How should we consider these four attributes?  At
first
glance, most of them seem to be quite harsh!
     Even the MIDDA of - OSEH CHESED - Divine kindness,
does
not necessarily imply MERCY.  Carefully note in 20:6
that God
promises this kindness only for those who follow Him,
and
hence not for any others.
  Most definitely, all four of these attributes are
quite the
opposite of mercy; they are: middot ha-din - attributes
of
exacting retribution.

     Although these middot do have their 'down side',
for they
threaten immediate punishment for those who transgress
('le-
son'a"), they also have their 'up side', for they assure
immediate reward for those who obey (le-ohavai).
  In other words, these middot describe a very intense
relationship, quite similar [and not by chance] to God's
relationship with man in Gan Eden (see Breishit
2:16-17).

MORE MIDDOT HA-DIN
     Yet another example of this intense relationship,
and yet
another attribute, is found at the conclusion of the
unit of
laws in Parshat Mishpatim.  Recall that immediately
after the
Ten Commandments, Moshe was summoned to Har Sinai to
receive a
special set commandment to relay to Bnei Yisrael (see
Shmot
20:15-19).  At the conclusion of those laws, God makes
the
following promise:
  "Behold, I am sending an angel before you to guard you
on
  the way and help bring you into the Promised Land.
    Be careful of him and obey him, Do not defy him -
  ki lo yisa le-fish'eichem
    for he shall not pardon your sins -,
        since My Name is with him...
       [On the other hand...]
  "...should you obey Him and do all that I say - I will
  help you defeat your enemies..".  (see Shmot
23:20-24).

     Once again, we find that God will exact punishment
should
Bnei Yisrael not follow His mitzvot and reward (i.e.
assistance in conquering the Land) should they obey Him.
  This midda of 'lo yisa le-fish'eichem' is first
presented as
that of the mal'ach [angel?] of God.  However; based on
the
context of these psukim, it seems rather clear that
God's
intention is for this mal'ach to be Moshe Rabbeinu - for
He
will speak to the people on behalf of God and lead them
to the
Land, and God's Name is with him.  Hence we can consider
it an
attribute of God, by which Moshe - as God's emissary -
must
relate to the people.

     A final example of this harsh nature of brit Sinai
is
found in the Torah's account of the aftermath of Bnei
Yisrael's sin with the golden calf [chet ha-egel].
Because
the people had agreed to these harsh terms of brit
Sinai, we
find how God intends to punish them precisely according
to
these attributes of middat ha-din:
  "And God told Moshe, go down from the mountain for
your
  people has sinned... they made a golden image... and
now
  allow Me, and I will kindle my anger against them that
I
  may destroy them -ve-yichar api bahem..." (see Shmot
32:7-
  10; see also Shmot 22:23!).
    [Note also that the story of chet ha-egel is a
direct
    continuation of the narrative which ended in Parshat
    Mishpatim when Moshe went up to receive the luchot.
    Note how 24:12-16 flows directly to 32:1 in Parshat
    Ki Tisa!]

     Here we find yet another divine attribute - CHARON
AF
HASHEM - God's instant anger.

     Before we continue, let's summarize these six
attributes
that we have found thus far.  Later, this list will be
very
helpful when we compare these middot to God's middot in
the
second luchot.

     1) KEL KANA
     2) POKED AVON... LE-SON'AI
     3) OSEH CHESED... LE-OHAVAI
     4) LO YENAKEH
     5) LO YISAH LE-FISH'EICHEM...
     6) CHARON AF

CHET HA-EGEL / THE COVENANT IS BROKEN
     According to these terms of the covenant at matan
Torah,
now symbolized by the first luchot (and as we just read
in
32:7-10), Bnei Yisrael should have been punished
immediately
and harshly for the sin of chet ha-egel (32:8).
However,
Moshe Rabbeinu intervenes.  In his famous prayer (see
32:11-
14), he reminds God of the potential 'chillul Hashem' as
well
as brit avot - which God promised Avraham Avinu would
never be
broken.
     God accepted Moshe's prayer (which forestalled
their
immediate punishment), but according to the terms of the
'contract' of brit Sinai - those who sinned at chet
ha-egel
still required some sort of punishment.
  How could they be saved?  At first it seemed as though
there
was only one answer: brit Sinai had to be annulled!
  
THE LUCHOT ARE BROKEN
  This need to annul brit Sinai - in order to save Bnei
Yisrael from punishment - may explain Moshe's decision
to
break the luchot, as they constituted the symbol of that
covenant.  In other words, when Moshe Rabbeinu descended
from
the mountain and saw the people dancing around the
Golden
Calf, he realized that to save Bnei Yisrael from
immediate
punishment he would need to break the luchot, and hence
the
terms of that covenant (see 32:15-20)!
  [See also Masechet Shabbat 87a –"'asher shibarta…'
(34:1)-
  yishar koach asher shibarta”, where the Midrash
praises
  Moshe for breaking the luchot.]
  
     To prove that brit Sinai has been broken, we must
follow
the story that ensues.
     After the 3000 'troublemakers' are punished (see
32:24-
29), Moshe begs that God forgive Bnei Yisrael for their
sin
  "Then Moshe told the people: You have committed a
terrible
  sin, and now I will approach God - possibly He will
forgive
  you for your sin..." (see 32:30-32).

  However, God seems to have rejected Moshe's eloquent
request
for forgiveness (see 32:33).  Instead, God informs Moshe
that
the nation will be punished, but not immediately -
rather only
after Moshe will lead them to the Promised Land:
  "And now - go lead the people [to the Land of
Israel]...
  u-beyom pokdi u-pakadti...  - and on the day that I
  choose to punish - I will punish them for their sins"
  (see 32:34!).
  
  God's 'negative' response to Moshe's request leaves us
with
the impression that indeed He will fulfill brit avot -
thus
assuring that the nation will enter the Land of Israel;
however, sooner or later they will be punished for their
sins.
     In the next set of psukim, God explains more
explicitly
how brit avot will be fulfilled, but also hints to the
inevitable conclusion that brit Sinai has been broken:
  "And God said to Moshe - Set out from here, you and
the
  people that you have brought out of Egypt to the Land
  that I swore to Avraham, Yitzchak, and Yaakov (brit
  avot)...
    but I will not go in your midst for you are a stiff-
  necked people, lest I destroy you on the journey"
              (see 33:1-3).

     In contrast to God's original promise that He will
send a
mal'ach with His name in their midst ['shmi be-kirbo' /
see
23:20-23], now God states emphatically that He will no
longer
be with them - 'ki lo a'aleh be-kirbecha' (see 33:3).
Due to
the events of chet ha-egel, Bnei Yisrael had proven
themselves
unworthy of the special intense relationship of brit
Sinai.
Hence, by bringing them to the Promised Land, God will
fulfill
His promise in brit avot for Am Yisrael to become a 'goy
gadol' (see Breishit 12:3) - however, His aspiration
(from
brit Sinai) for Am Yisrael to become a goy kadosh - has
been
shattered!
     Proof that brit Sinai has been broken is found in
God's
next commandment that Bnei Yisrael must remove 'their
jewelry'
that they received on Har Sinai, undoubtedly the symbol
of the
high level they reached at matan Torah (see 33:5-6).
Similarly, God's instruction that Moshe must now move
his own
tent away from the camp - so that God can remain in
contact
with him, also reflects the fact that God has taken away
His
Shchina from their midst.

WHERE DO WE GO FROM HERE?
     If you carefully follow this narrative in Chumash,
a very
strange predicament has arisen (that often goes
unnoticed).
Even though Bnei Yisrael will not be destroyed (thanks
to brit
avot), God instructs Moshe to continue on to Eretz
Canaan
without brit Sinai.
     As unthinkable as this may sound, God's decision is
very
logical.  Considering His conclusion that Bnei Yisrael
are an
'am ksheh oref' - a stiff necked people (see 32:9, 33:5
and
TSC shiur on Parshat Ki Tisa), and hence will not change
their
ways, there appears to be no other solution.  After all,
should He keep His Shchina in their midst, Bnei Yisrael
would
not be able to survive (see Shmot 33:5!).
     Fortunately for Am Yisrael, Moshe Rabbeinu is not
willing
to accept God's decision.  As we will see, his argument
will
set the stage for God's declaration of His middot
ha-rachamim.

A GOOD LAWYER
     At this point, Moshe Rabbeinu intervenes.  Let's
take a
careful look at his petition; noting how he demands that
God
keep His Presence [Shchina] with them, threatening a
'sit down
strike' should God refuse:
  "And Moshe beseeched God: 'Look, you have instructed
me
  to lead this people... but recognize that this nation
is
  Your people!
  God answered: I will lead [only] you.  But Moshe
  insisted: 'Im ein panecha holchim al ta'aleinu mi-zeh'
-
  Unless Your presence will go with us do not make us
leave
  this place.  For how should it be known that Your
people
  have gained Your favor unless You go with us..."
(33:12-
  16).
    [These psukim are quite difficult to translate, I
    recommend that you read the entire section inside.]
     Moshe's refusal leaves God ['kivyachol'] in a most
difficult predicament.  On the one hand, He cannot allow
His
Shchina to return - for according to the terms of brit
Sinai -
an am ksheh oref (Am Yisrael's level) could not survive
His
anger, and would eventually be killed.
     On the other hand, He cannot leave them in the
desert (as
Moshe now threatens), for brit avot must be fulfilled!
     But, He cannot take them to the land, for Moshe is
not
willing to lead them unless He returns His Shchina.
     Something has to budge!  But what will it be?
     It is precisely here, in the resolution of this
dilemma,
where God's 13 middot ha-rachamim enter into the
picture.

A NEW COVENANT
     Let's take a closer look now at God's response to
Moshe's
request.  Note that here is the first time in Chumash
where
God introduces the concept of divine mercy:
  "And God said to Moshe, 'I will also do this thing
that
  you request... [to return His Shchina / Moshe then
asked
  that God show His Glory -] then God answered: ' I will
  pass all my goodness before you, and I will proclaim
My
  Name before you, and I will pardon he whom I will
pardon
  and I will have mercy on he to whom I give mercy (ve-
  chanoti et asher achon, ve-richamti et asher
arachem)..."
  (see 33:17-22).

     The possibility of 'divine pardon' will now allow
God's
Shchina to return.  God now agrees to allow Bnei Yisrael
a
'second chance' even should they sin.  With this
promise, the
stage is set for the forging of a new covenant though
which
brit Sinai can be re-established, but according to these
new
terms.
     Hence, God instructs Moshe to ascend Har Sinai one
more
time, in a manner quite parallel to his first ascent to
Har
Sinai [but with significant minor differences], to
receive the
second luchot (see 34:1-5 and its parallel in Shmot
19:20-24).
     As we should expect, the laws should and do remain
the
same.  However, their terms must now be amended with
God's
attributes of mercy.  Hence, when Moshe now ascends Har
Sinai,
it is not necessary for God to repeat the laws of the
Ten
Commandment, for they remain the same.  Instead, this
time
when God descends upon Har Sinai, the new luchot will be
presented together with His proclamation of an important
amendment to brit Sinai - i.e. His attributes of mercy.
     Just as God had promised Moshe (see 33:19!), a new
covenant, reflecting this enhanced relationship, is now
forged:
  "And God came down in a cloud...& passed before him
and
  proclaimed: ' Hashem, Hashem Kel rachum ve-chanun,
erech
  apayim ve-rav chesed ve-emet, notzer chesed
la-alafim..."
  (see 34:5-8).

THE CONTRAST BETWEEN THE ATTRIBUTES
     With this background, we can now better appreciate
the
Torah's choice of words that describe these middot ha-
rachamim.
     Recall the six phrases that reflected middat ha-din
that
we found in our study of brit Sinai (in the beginning of
our
shiur).  Now, as we compare them, we will notice that
each new
attribute relates directly to one of these original
attributes
of din from the first covenant.
     The following table (study it carefully), followed
by a
more detailed explanation, explains this rather amazing
parallel:

   FIRST LUCHOT               SECOND LUCHOT
   ============               ===============
1) Kel KANA                  Kel RACHUM VE-CHANUN
2) POKED AVON..le-SONEI      POKED AVON AVOT AL BANIM..
3) OSEH chesed la-alafim     RAV chesed ve-emet
         ... le-OHAVAI       NOTZER chesed l'alafim...
4) LO YENAKEH                VE-NAKEH, lo yenakeh
5) LO YISA le-fish'eichem    NOSEI AVON VA-FESHA...
6) CHARON AF                 ERECH APAYIM

     Note how each attribute from the original covenant
switches from middat ha-din to middat ha-rachamim.  [To
appreciate this parallel, it is important to follow
these
psukim in the original Hebrew.]    Let's take now a
closer
look:

A.  HASHEM KEL RACHUM VE-CHANUN
     --> (1) HASHEM KEL KANA
          rachum ve-chanun based on 33:19 (see above)
          a merciful God in contrast to a zealous God

B.  ERECH APAYIM  -->  (6) CHARON AF
          slow to anger in contrast to instant anger

C.  RAV CHESED VE-EMET  -->  (3) OSEH CHESED...
LE-OHAVAI
     abounding kindness for all, potentially even for
the wicked
        [This may allow the possibility of 'rasha ve-tov
lo']
  in contrast to exacting kindness, and hence, limited
  exclusively to those who obey Him.
    [Note that the midda of 'emet' is now required, for
this
    abounding kindness for all must be complemented by
the
    attribute of truth to assure ultimate justice.]

D.  NOTZER CHESED LA-ALAFIM
      -->  (3) OSEH CHESED LA-ALAFIM... LE-OHAVAI
     He stores His kindness, so that even if it is not
rewarded immediately, it is stored to be given at a
later
time.
     [This may allow the possibility of 'tzaddik ve-ra
lo']
  in contrast to immediate kindness and reward for those
  who follow Him.

E.  NOSEI AVON VA-FESHA... --> (5) LO YISA
LE-FISH'EICHEM
          forgiving sin in contrast to not forgiving
sin.

F.  VE-NAKEH, LO YENAKEH   --> (4) LO YENAKEH
        sometimes He will forgive, sometimes He may not.
          [See Rashi, forgives those who perform
teshuva.]
        in contrast to never forgiving.

G. POKED AVON AVOT AL BANIM...
      --> (2) POKED AVON le-son'ai
  He withholds punishment for up to four generations
                    [in anticipation of teshuva / see
Rashi]
in contrast to extending punishment for up to four
generations.
  [Even though these two phrases are almost identical,
  their context forces us to interpret each pasuk
  differently.  In the first luchot, all four
generations
  are punished, in the second luchot, God may hold back
  punishment for four generations, allowing a chance for
  teshuva.  See Rashi.]

     These striking parallels demonstrate that each of
the new
middot lies in direct contrast to God's middot in His
original
covenant at Har Sinai.
     Now we can return to Chumash to see how Moshe's
immediate
reaction to this proclamation reflects his original
request
that God keep His Shchina with the people
  "And Moshe hastened to bow down and said: 'If I have
  indeed gained favor in Your eyes - let Hashem go in
our
  midst - 'ki' = even though they are an am ksheh oref
-a
  stiff necked people, and you shall pardon our sin..."
  (34:8-9).

     Note how Moshe's request that God return His
Shchina to
the people even though they are an am ksheh oref is in
direct
contrast to God's original threat that "He will not go
up with
them because they are a stiff necked people, less He
smite
them on their journey..." (see 33:3 / compare with
34:9)!

     Once these new terms are established, allowing
God's
Shchina to remain even though Bnei Yisrael may sin,
Moshe begs
that God indeed return to be with His nation (as he
requested
in 33:12-16).
     These Divine attributes of mercy now allow the
Shchina to
dwell within Yisrael even though they may not be worthy.
     From a certain perspective, this entire sequence is
quite
understandable.  For on the one hand, to be worthy of
God's
presence, man must behave perfectly.  However, man is
still
human.  Although he may strive to perfection, he may
often
error or at times even sin.  How, then, can man ever
come
close to God?  Hence, to allow mortal man the potential
to
continue a relationship with God, a new set of rules is
necessary - one that includes middot ha-rachamim.
     The original terms of brit Sinai, although ideal,
are not
practical.  Therefore, God's middot ha-rachamim are
necessary
to allow brit Sinai to become achievable.
     In this manner, middot ha-rachamim can be
understood as
God's kindness that allows man to approach Him and
develop a
closer relationship without the necessity of immediate
punishment for any transgression.

SELICHOT
     This explanation adds extra meaning to our
comprehension
and appreciation of our recitation of the Selichot.
Reciting
the 13 middot comprises more than just a mystical
formula.  It
is a constant reminder of the conditions of the covenant
of
the second luchot.
  God's attributes of mercy, as we have shown, do not
guarantee automatic forgiveness, rather, they enable the
possibility of forgiveness.  As the pasuk stated, God
will
forgive only he whom He chooses ('et asher achon...
ve-et
asher arachem' / 33:19).  To be worthy of that mercy,
the
individual must prove his sincerity to God, while
accepting
upon himself not to repeat his bad ways.
     Thus, our recitation of the 13 middot serves as a
double
reminder:
  1) Not to 'give up' in our strive towards holiness,
for
      indeed  middot ha-rachamim allow us to come close.
Yet,
      at the same time:
  2) To recognize that Divine mercy is not automatic.

     This recognition should inspire one who understands
the
terms of this covenant to act in manner by which God
will find
him worthy of Divine mercy.  After we have been judged
on Rosh
Hashana, we ask on Yom Kippur, on the very same day on
which
Bnei Yisrael first received the second luchot - that God
act
according to His attributes of Mercy.  We pray that our
recitation of the 13 middot during Ne'ila should not
only wipe
out sins of the year which has passed, but also set is
in the
proper path of teshuva for the new year which is now
beginning.

                              gmar chatima tova
                              menachem

====================
FOR FURTHER IYUN - shiur on the 13 midot

A.  Immediately after God announces His willingness to
use His
attributes of Mercy in 33:19, we find a very interesting
divine statement that follows:
  "But, He said, you can not see my face ... Station
  yourself on  the Rock as My Presence passes by ... you
  will see my back, but My face must not be seen.  [lo
  tuchal lir'ot panai - ki lo yir'ani ha-adam ve-chai
-...
  ve-Ra'ita et achorai - u-panai lo yira'u.]"  (see
33:20-
  23).

  As the new covenant allows for mercy, the perception
of God
now becomes less clear.  While the first covenant
boasted a
clear relationship of 'panim el panim' (face to face/
see
33:11), this new covenant, even to Moshe, is represented
by a
'face to back' relationship:
  This new level has a clear advantage - middat
ha-rachamim -
however there is still a price to pay - the unclarity of
Hashem's
Hashgacha.  No longer is punishment immediate; however,
reward
may also suffer from delay.  Hashem's Hashgacha becomes
more
complex and now allows apparent situations of tzaddik
ve-ra lo-
rasha ve-tov lo.

1.  See Chazal's explanation of 'hodi'eni na et
drachecha'
(33:12)
     How does this relate to this explanation?

2.  As communication is clearer when talking face to
face with
someone as opposed to talking to someone with his back
turned,
attempt to explain the symbolism of the above psukim.

3.  Why must Moshe Rabbeinu also go down a level in his
nevu'a?

B.  The second luchot are carved by man, and not by God.
Attempt to relate this requirement based on the nature
of the
13 middot.
     Relate this to the mitzva for Bnei Yisrael to build
the
mishkan which follows in Parshat Vayakhel.
  Compare this to the mitzva to begin building a sukka
immediately after Yom Kippur, and in general, why the
holiday
of Sukkot follows Yom Kippur.

C.  After God declares His 13 middot of rachamim
(34:6-9), He
makes a promise (34:10), and then adds some commandments
(34:11-26).
     Are these commandments new, or are they a 'repeat'
of
mitzvot which were given earlier in Parshat Mishpatim?
           [Relate especially to Shmot 23:9-33.]
If so, can you explain why they are being repeated?
  [Hint: Which type of mitzvot from Parshat Mishpatim
are
  not repeated?]
  Relate your answer to the events of chet ha-egel.

D.  In the story of chet ha-egel, we find a classic
example of
a 'mila mancha', i.e. use of the verb 'lir'ot' - to see
[r.a.h.].
     Review chapters 32-34 in this week's Parsha while
paying
attention to this word.  'See' for  yourself if it
points to a
theme.  As you read, pay careful attention to: 32:1,
32:5,
32:9, 32:19, 32:25, 33:10, 33:12-13!, 33:20-23, 34:10,
34:23-
24!, 34:30, and 34:35.  What does it mean when God
'sees'...,
when man 'sees'..., and when man 'sees' (or is seen by)
God?
  Relate also to the use of this verb (r.a.h.) at
Ma'amad Har
Sinai, especially 20:15, 20:19.  See also 19:21, 24:10,
&
Devarim 5:21!
  Could you say that 'seeing is believing'?

     If you had fun with that one, you can also try an
easier
one: the use of the word 'ra'a' [evil / reish.ayin.hey.]
in
32:12-14.
Relate to 32:17, 32:22, 32:25?, 33:4.  Relate to Shmot
10:10;
see Rashi, Ramban, Chizkuni, Rashbam.

E.  Chazal explain that God's original intention was to
create
the world with His attribute of 'din' [judgment], but
after
realizing that it could not survive, He included (in His
creation) the attribute of 'rachamim' [mercy] as well.
  [See Rashi Breishit 1:1 - 'bara Elokim...']

     Relate this to the above shiur.  Would you say that
this
Midrash reflects Sefer Shmot as well as Sefer Breishit.

F.  Note 'kol tuvi' in 33:19.  Relate this to 'va-yar
Elokim
ki tov' mentioned after each stage of creation in
Breishit
chapter 1.
     Can you relate this to the above question and above
shiur?
     See also Rambam Moreh Nevuchim I:54 / second
paragraph.
          [page 84 in Kapach edition Mossad Harav Kook]

G.  Even though it appears as though Bnei Yisrael had
the
choice to either accept or reject this proposal, Chazal
explain in the famous Midrash 'kafa aleihem har
ke-gigit' that
had Bnei Yisrael said no, all creation would have
returned to
'tohu va-vohu'!
     Can you relate this to the above shiur as well?

H.  Note 34:10 'hinei anochi koret brit...' &  34:29-30.
Relate this to why we refer to middot ha-rachamim in
selichot
as 'brit shlosh esrei' .

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