[Par-reg] For Parshat Mishpatim

[Menachem Leibtag]

*************************************************************
        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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