Saturday, February 2, 2008
Parashat Mishpatim 6768
Questions
Rashi: This section was actually said before the Ten Commandments were given. God told Moshe "Go up" (v.1) on the fourth of Sivan.
Be'er Yitzchak: Rashi explains in his commentary to verse 6 that Moshe's sprinkling of blood (mentioned in the verse) entered the Jewish people into a covenant with God. It does not make sense to say that this covenant began after the giving of the Torah. Therefore, Rashi came to the conclusion that this section was said before the giving of the Torah.
Ramban: According to Rashi the sequence of verses is extremely disorderly. Therefore, in my opinion, this section was said exactly where it was written, i.e. after the Giving of the Torah and after God had told Moshe all the civil laws that we have read above. This passage then tells us how Moshe went up to God one more time before he told the people all the laws he had received. The Jewish people responded positively (v.3) stating that they were willing to observe all of the laws.
The Torah's Perplexing Order (v.1)
Rashi writes that the above passage (24 :1-11) was said before the giving of the Torah in Parashat Yitro. While he may have good reason for this statement (as Be'er Yitzchak argues) it nevertheless results in the Torah being written in a very perplexing manner.
According to Rashi, after the Torah is given in Parshat Yitro, we then jump to the period when Moshe spent forty days and nights on the mountain, during which time the civil laws of Parashat Mishpatim were given over. Then, in the current chapter, we switch back to before the giving of the Torah. And then, only twelve verses later, we jump back again to after the Torah is given. To make matters even more complex we then leap to after the incident with the Golden Calf to read Parshiyos Teruman, and Tetzaveh. It appears to be no wonder therefore that Ramban and a host of other commentators found Rashi's chronology too much to swallow! Is there any way we could explain, according to Rashi, the motivating factor why these accounts were written in such a peculiar order?
The Twofold Implication of Torah
On the first occasion which Moshe ascended Mount Sinai, before the giving of the Torah (on the second of Sivan), God made the following "mission statement": "If you listen to Me and keep My covenant, you will be a precious treasure to Me among all the peoples" (Yitro 19:3).
Here we see that the giving of the Torah has a twofold implication:
"If you listen to Me"---observance of the mitzvos, which were given (initiated) by God.
"And keep My covenant"---general commitment to God, initiated by man.
After this "mission statement" was made, God divided the narrative of the giving of the Torah into two sections:
First He dealt with the mitzvos and their observance. This included the giving of the Torah together with preparations, and the list of mitzvos in Parshat Mishpatim up to the end of chapter 23.
Afterwards, in the current chapter, He described the second element of the Giving of the Torah-the covenant between the Jewish people and God. For this, we must retrace the steps to the preparations for the giving of the Torah once again, to read how the Jewish people willfully accepted upon themselves their relationship with God (exclaiming, "All the words that God has spoken we will do!"-v.3). We then read (in v.4-8) how they consolidated that commitment by offering a sacrifice.
Thus in the final analysis, the Torah did not write the narrative of the giving of the Torah in chronological order, as it wished instead to divide the narrative into two parts which each stress a different aspect of the Torah's purpose; observance of the mitzvoth (God's initiative) and commitment to God (man's initiative).
Parashat Yitro 5768
Why does the text say (v.1) that Jethro "heard all that God had done" but specify only bringing out the Israelites from Egypt, rather than the miraculous things? Why doesn't the text specify any of the things that God had done "for Moses"?
Why are the names of Moses' sons mentioned and explained here (vv.3-4)?
Why did Moses tell his father-in-law (v.8) the things that, according to v.1, he had already heard?
How is it that Jethro had to suggest such an obvious solution as appointing qualified judges (vv17-23) to Moses, the master of the prophets and the wisest of the sages?
Since up to that time Moses had been able to judge the whole people, why were chiefs (v.21) of anything smaller than 1,000 necessary-let alone chiefs of 10?
Why does Jethro's reply (v.10) contain a repetition?
Why did Jethro not suggest that "wise" men be appointed?
Why did Moses (v.25) choose only "capable" men, and not the other qualifications that Jethro mentioned?
Why was the Torah given only now, and not to Adam or Noah, Abraham or Jacob?
Why was the Torah given in the wilderness rather than in Egypt, when God took the people for His service and began to give them commandments?
Why didn't God give the Torah to the people on Mount Moriah in Jerusalem?
Why all the repetition of the Israelites' travels in v.2?
Why does Moses go up to God before God calls him up the mountain (v.3)?
Why is the point of saying "the house of Jacob" as well as "the children of Israel," and why is "the house of Jacob" never mentioned again?
Why, when Moses speaks to "the elders" (v.7), is he answered by "the people" (v.8)?
Why do the people agree to do "all that the LORD has spoken" (v.8) when He has not yet spoken it?
Why does God have to appear "in a thick cloud" (v.9) so that the people may hear?
Why does Moses "report the people's words" to God in v.9, when he has already "brought back the people's words" in v.8?
Why does "go to the people and warn them to stay pure" (v.10) not follow "I will come to you in a thick cloud" (v.9) without interruption, since that is where it belongs?
Why was the Torah given with "thunder and lightening" (v.16) and not the "still small voice" that Elijah heard in 1 Kings 19:12?
How could these special effects help the people hear the word of the Lord?
Why are the people warned a second time "not to break through" (v.21)?
What is the meaning of "lest many of them perish"?
Why does Moses say "the people cannot come up" (v.23) rather than "the people will not come up"?
Why is Moses told to go down and come back with Aaron (v.24)?
Why are the priests mentioned?
How exactly did Israel receive the Ten Commandments when "God spoke all these words" (v.1)?
Why are they called the "Ten" Commandments, when one counts at least 13 commandments or over 15 different sayings included in them?
Why is there such a mixture of positive and negative commandments?
Why is one punished in such different ways for violating the different commandments?
Why are the commandments written in this order?
Why are the five commandments from the second tablet, dealing with human relations, more important than, e.g., "You shall not defraud your fellow" (Lev. 19:13) or "Love your fellow as yourself" (Lev 19:18), which are not included in the Tem Commandments?
Why are some commandments explained and some not?
Why do some commandments threaten punishment and other not?
What is the meaning of the first commandment, "I the LORD am your God" (v.2)?
Why do some of the first five commandments mention "the LORD" and some "the LORD your God," while none of the last five mention God at all?
How can a just God "visit the guilt of the parents upon the children" (v.5)?
Why are "swearing falsely" (v.7) and "bearing false witness" (v.13) not included together?
Why are we warned that "the LORD will not clear one who swears falsely by His name"-as if we expected that he would?
Why are the other festivals not mentioned, only the Sabbath?
Why is "your neighbor" mentioned in the commandments against false witness (v.13) and coveting (v.14), but not in the others, e.g., "You shall not murder your neighbor"?
Why is "you shall not covet" written twice?
Why was such a unique revelation not devoted to matters that the intellect cannot solve, like the mysteries of the universe, instead of things like prohibitions against murder and theft, which the most lightweight intellect could arrive at without thinking twice?
Why does v.15 not mention the voice of God, which must have been much more frightening than the natural phenomena?
What is the nature of the "test" that Moses mentions in v.17?
Isn't it contradictory for Moses to tell the people "be not afraid" and then go on to say that God has come "in order that the fear of Him may be ever with you"?
What good was it for the people to "remain at a distance" (v.18), when they could still see and hear what had frightened them?
Doesn't v.20 replicate the second commandment?
Why does v.21 mention "burnt offerings" and "sacrifices of well being," which they have not yet been commanded to make?
Tu B'Shvat 5768
Tu B'shvat has become an occasion for highlighting many different themes: nature, produce from Israel, ecology, mystical links to Israeli produce, etc.
I would encourage you to consult many strong websites (myjewishlearning.com, aish.com, etc) for ways to imagine a rich Tu B'shvat celebration for you and your family. For us, today, I would ask that we consider focusing on our attachment to the land of Israel as it is originally conceived in the Torah (Deut. 8:8-10).
We appraise what we eat it many ways - caloric value, taste, and of course by the bible's prefered diet of kashrut. But we don't often think of food in zionistic terms. Tu B'shvat (along with the traditional blessing included below) invites such a possibility.
This summer, when we read from Deuteronomy chapter 8 (Parshat Ekev), it occured to me for the first time that verse 10, which is the biblical basis for 'Grace after Meals', might have been originally intended to relate primarily to the seven species of the land of Israel (wheat and barley, vines, figs, pomegranates, olive trees and honey) as opposed to the consumption of bread (which is the norm today in Jewish law). This thought occured to me because verse 10 says: "When you have eaten your fill, give thanks to the Lord your God for the GOOD LAND (emphasis added) which He has given you." Why bless God for the land? It is food, specifically bread, that customarily requires us to bless (say Grace after meals). Why doesn't the verse say: "...for the good food..." instead?
Perhaps the passage reads as it does to highlight a strong connection between the 'good land', that is the land of Israel, and saying blessings of appreciation for food.
It does, however, appear that the seven species (verse 8) which are indiginous to Israel get marginalized a bit - as bread becomes the only food that requires the blessing called for in verse 10.
Not to worry, the seven species do get their very own blessing (Grace after Meals) found in translation below (following a brief thought from Heschel).
May you be warmed by the tastes of the fruits of the land of Israel this Tu B'shvat.
Rabbi William Hamilton
Shabbat Shira 5768
By Rabbi Joseph Lukinsky, Jewish Theological Seminary
Former Rabbi and Educator, KI
This Shabbat, Shabbat Shirah, the Sabbath of Song, we read Parashat Ha-Shavua, the Torah Portion, of Beshallah, which contains the Az Yashir Mosheh..., the Song that Moses and the Children of Israel sang at the Red Sea. In modern times, it has been the occasion for the celebration of Jewish music, even the start of "Jewish Music Week."
When we come to that section of the Torah reading, we stand, to give testimony to the miracle, as if to affirm that it happened then and also, somehow, that it is happening now. It's a great moment in the year's reading! We demonstrate, by standing, that no matter how we feel endangered in our lives, backed against the wall, we do not give up hope. There is always a chance that the "sea will split" for us, [and for the Jewish people!] and that we will pass through safely on dry land, a powerful metaphor. In our own lives we take part in Israel's challenge at the Sea.
It may not always happen, perhaps most of the time, but it could. And sometimes, as in the example of Nahshon ben Aminadav, who in the tradition, jumped into the sea to show his faith before the Sea split, it is a statement that we too can persevere in times of difficulty, to make something happen. A beautiful and glorious Parashat Ha-Shavua!
But wait! Shabbat Shirah? The very name "Shabbat Shirah" is somewhat of a misnomer, Yes, the "Song" is a highlight, but the Parashah as a whole is disturbing in almost everything else, for it is mainly about the complaints and backslidings of Israel. How was this possible after they had experienced the wonder of the crossing of the Red Sea?
You would think that after an awesome miracle such as the splitting of the sea, they would have been willing to follow God and Moses anywhere.
But, shortly after, they complain to Moses about the lack of water!!
They get tired of eating manna, and they want meat.
They are told not to leave the manna over until the next morning, but many do save some; maybe there won't be anymore the next day and they'll starve! They are told not to gather it on the Shabbat, but they do.
We would have thought that, after witnessing the miracle at the sea, they would have trusted that they would have water, and manna, and in general be safe from harm's way! It's a compelling statement about human nature, very human. "What have you done for me recently?" "That [the crossing at the Sea] was then, but this is now!"
It is interesting that when we stand for the aliyah containing the song, we stand through the end of the aliyah where the people's complaints and misgivings begin. It seems to be an intentional construction of the aliyah which ought to have ended after the song. By standing to the end of the aliyah, we juxtapose the Song at the Sea and all the complaints, and we see this linkage as existentially meaningful, an expression of that human nature which we all share.
Shabbat Shirah indeed!
In Parashat Beshallah, Mosheh Rabbenu learns what it means to be a leader. He learns how to deal with the difficulty of leading the Jewish people. He doesn't get discouraged. He learns from that experience that nothing achieved is necessarily permanent. Songs are followed by complaints. You have to renew the inspiration. Which reminds me of what a colleague once told me: "Education is the only field where re-inventing the wheel is good." You can never rest on assumptions based upon what happened before.
Sing the Song that Moses sang, but, at the same time, remember that it is hard to maintain exaltation! The real world and human nature are ever present, and we tend to forget. This is one of the tasks that Jews face, and the remembrance of Shabbat Shirah and the mitzvot ofJudaismhelpustodoso.
This week, on Tuesday, we will also celebrate Tu BiSh'vat (the 15th day of the month of Sh'vat). It became a holiday when some creative Jews decided to turn a "cutoff date" for certain agricultural laws into a holiday. In the Diaspora it became a day of longing for Eretz Yisrael. I remember as a little boy in Chicago, seeing the snow fall through the windows of our basement Hebrew School room and being told by our teacher, as she passed out raisins and nuts and bokser [St. John's bread], that it was Tu Bishvat, the New Year of the trees and the beginning of spring in Eretz Yisrael. Our bodies were cold, but in our hearts it was spring.
Happy Shabbat Shirah. Happy Tu Bishvat!
Parashat Va'era (yes, it is out of order w/Bo)
Moses and Aaron’s first meeting with Pharaoh to demand freedom for the Israelites does not go well: Pharaoh refuses to acknowledge God and punishes their temerity, increasing the Israelites’ suffering. The result is a general deflation: God convinces Moses to persevere but, as we read in Shemot 6:9, “But when Moses told [of God’s intentions] to the Israelites, they would not listen to Moses, their spirits crushed by cruel bondage” (JPS translation). This failure of leadership spooks Moses, who reverts to complaining about his difficulties in speaking:
The Lord spoke to Moses, saying, “Go and tell Pharaoh king of Egypt to let the Israelites depart from his land.” But Moses appealed to the Lord, saying “The Israelites would not listen to me; how then should Pharaoh heed me, a man of impeded speech! (lit. uncircumcised of tongue)” So the Lord spoke to both Moses and Aaron and commanded them in regard to the Israelites and in regard to Pharaoh king of Egypt, instructing them to deliver the Israelites from the land of Egypt (6: 10-13; JPS translation, modified).
What is this command that God presents to Moses and Aaron? Has God not told them to take the Israelites out of Egypt already? And for that matter, why, after an extended conversation with Moses alone, does God now address Aaron along with Moses?
Rashi offers a midrashic answer to both questions:
…Because Moses had said, “I am of uncircumcised lips,” the Holy One of Blessing associated Aaron with him to be his mouth and spokesman… “And commanded them regarding the Israelites,” that is, to deal with them in a gentle manner and to be patient with them “and with regard to Pharaoh, king of Egypt,” that they should show respect to him in all that they spoke (See Exodus 7:3 and Tanchuma, Vayera 2; Silberman translation, modified).
For Rashi Moses’ modesty is admirable and rewarded with a spokesman. Ramban would agree, pointing to Moses’ second complaint about his uncircumcised lips (6:30), to which God replies “See I place you in the role of God (elokim) to Pharaoh, with your brother Aaron as your prophet” (7:1). For other voices in the tradition (see Exodus Rabbah, 7:1-2), however, the turn to Aaron is “a rebuke to Moses, [and] he no longer is the singular vehicle of revelation” (Burton L. Vizotsky, The Road to Redemption, 89). Vizotsky, however, also suggests that the Torah is presenting a case for sharing the burdens of leadership: “[It] is a shift that enables Moses to return and confront Pharaoh yet again. Leadership cannot always be carried along. Failure can be a cause for despair, but it can also lead to shared responsibility.”
In sharing this responsibility, Moses and Aaron need to fear not only Pharaoh, who is likely to ignore them, but also those they lead, the Israelites, who as the rest of the Torah demonstrates, do not follow them blindly or peacefully. In Sifrei Bamidbar, God explicitly warns Moses and Aaron of this danger:
God said to them: I want you to know that the Israelites are a stubborn and troublesome lot; but you accept this mission on the understanding that they will curse you and stone you (Piska 91; translation from Nehama Leibowitz’s Studies in Shemot, 144, modified; also see Exodus Rabbah, 7:3).
The Rambam draws on this reading to make a larger point about leadership:
It is forbidden for a person to lord it over the community in a domineering manner but he must exercise authority with humility and reverence; it is likewise forbidden to treat the people with disrespect even if they are ignorant; and a leader should not ride over the heads of the holy people. Though they be ordinary people, common folk, they are the children of Abraham, Isaac, and Jacob and the host of Hashem who brought them out of Egypt with great might and a strong hand. The leader should rather bear patiently the cumbrance of the community and their burden, as Moses our teacher, as it is said: “as a nursing father carries the sucking child” (Numbers 11:12). Look at Moses, Master of all the prophets. We are told that no sooner did the Holy One of Blessing send Moses to Egypt that “He commanded them regarding the children of Israel” which our tradition takes to mean that God made Moses and Aaron accept the leadership of the people “on the understanding that they will curse you and stone you” (Hilkhot Sanhedrin, 25:1-2; translation from Nehama Leibowitz’s Studies in Shemot, 144, modified).
The Rambam’s lessons about leadership still apply today. As any management guru will tell you, putting yourself forward as a leader often means opening yourself up for criticism and hostility. For this reason, leadership is too difficult for one person alone: every leader needs collaborators, whether they be partners (as one midrashic tradition would see Aaron) or as lieutenants (another midrashic tradition). Despite (or perhaps because of) the potential hostility, it is the leader’s responsibility to treat his or her community with the utmost respect.
Parashat Bo 5768
Prepared by Chaim Koritzinsky, KI Rabbinic Resident
How many mitzvoth do you think there are in this week's Torah Portion? Come on, take a guess!
According to the Sefer ha'Chinuch (the Book of Education) there are 20. Does this seem like a little or a lot? Consider the fact that in the entire book of Bereshit (Genesis) there are only three mitzvot. (By the way, can you guess which those three are? See the end to check yourself)
What struck me about the list of mitzvoth in the Sefer ha'Chinuch is that 8 of the 20 are mitzvoth that we still perform today. For example: sanctifying the new month, removing hametz from our homes during Passover, eating matzah, telling the Passover story (v'higaditah l'vincha, and you shall tell your son) and wearing tefillin.
But 12 out of the 20 are mitzvoth that we don't do today. For example:
- The mitzvah of ritually slaying the Passover offering (with the exception of the Samaritans who still do this today in Israel)
- The mitzvah not to leave any flesh of the Passover offering
- The mitzvah of redeeming the firstborn donkey
We can add to this list many of the mitzvoth that are listed in Va'Yikra (Leviticus) that have to do with the sacrifices we used to bring to the Temple in Jerusalem. Without the Temple standing, we cannot bring the sacrifices.
The sefer ha'chinuch counts the number of mitzvoth that are "in force at the present time" at 369 (the alleged author of the Book, Aaron Ha'Levi of Barcelona, actually hand marked them in his manuscript dated 1345 CE).
Ha'Levi also adds to this list of 369 mitzvot "which a man is never required to do, unless some special circumstance comes to hand. Thus we say that giving a hired man his pay at its proper time is one precept [of the 613]; but certainly a person is not duty-bound to hire workers in order to fulfill this precept." (Sefer Ha'Chinuch, Preface, p. 77)
So, my question is: How do we relate to these mitzvoth that are not "in force at the present time" or that do not relate to us? Are we supposed to simply disregard them? Do we simply wait until the moment we can do them? Do we reinterpret them?
It may help to look at the example of Temple sacrifices to gain insight. Maimonides viewed animal sacrifice as a compromise and a response to the idolatrous practices of pagan culture. He writes:
It is with the act [of killing these animals,] considered by pagans to be the ultimate sin, that we approach G-d With this act wrongheaded beliefs are remedied, for [pagan beliefs] are diseases of the soul and they are cured by doing the exact opposite [of what they dictate].
Guide for the Perplexed 3:46
Ramban on the other hand viewed sacrifices as a perfectly legitimate response to human moral failure. He writes:
It would be appropriate for one who has sinned before G-d with his body and soul to have his blood spilt and his body burnt. But the Creator, in His kindness, accepts a stand-in. By the blood of a sacrifice coming in place of the [sinner's] blood and its soul coming in place of the [sinner's] soul, atonement is achieved
Ramban, Commentary to Vayikra 1:9
In Sefer Ha'Chinuch, Ha'Levi offers another response, one that we still continue today in the morning service-through learning.
One of the mitzvoth, which is a main principle and foundation on which all the precepts rest, is the mitzvah of learning Torah (mitzvah #419). For by study, a man will know the precepts and will fulfill them. For this reason our Sages of blessed memory made it a rule for us to read one portion of the Torah scroll in a place where the people gather, i.e. the synagogue, to awaken a man's heart over the Torah's words and the precepts. (Sefer Ha'Chinuch,Preface, p. 77)
One writer on the web summarized it thus:
To solidify my vicarious participation in those Commandments, I study them. It is true that I cannot personally fulfill the Commandment of building a fence around my roof, since I have no accessible roof in my home, but when I study the Laws of this Commandment, and I have a strong desire to fulfill the Commandment, Hashem counts it as if I have fulfilled the Commandment. For the Talmud teaches, "A good intention that a person honestly tries to fulfill but is prevented or unable to fulfill Hashem counts as if it has been performed." Babylonian Talmud, Kiddushin 39b
Ha'Levi concludes his preface by highlighting his reasoning for writing the book in the first place:
Perhaps the reader will not give his attention to see how many precepts he has read in that week, and may not bestir his heart to become alert and zealous about them. Therefore have I seen fit to write the precepts according to the sidrot (the weekly portions) and in their sequence as they are written in the Torah, consecutively, in order to arouse the heart of my young son and the youngest who are his friends- every single week. (Sefer Ha'Chinuch, Preface, p. 79)
When you hear these mitzvoth read today from the Torah, think about whether you feel this is a way of fulfilling these commandments no longer "in force". And think about whether, in Ha'Levi's words, the mitzvoth in this week's parasha have become more "alert" or "zealous" in your heart.
ANSWER: The Three Mitzvot of Bereshit
- Mitzvat Priya u'reviya (Be fruitful and multiply)
- Mitzvat Mila (Circumcision)
- Shelo le'echol gid ha'nasheh (Not to eat the sinew of the thigh vein)