[Par-reg] for Parshat Mishpatim

[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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