*************************************************** THE TANACH STUDY CENTER - www.tanach.org In Memory of Rabbi Abraham Leibtag Shiurim in Chumash & Navi by Menachem Leibtag *************************************************** PARSHAT MISHPATIM When did Bnei Yisrael declare "NA'ASEH V'NISHMA"? Most of us would probably answer: BEFORE they received the Ten Commandments (Rashi's opinion). However, many other commentators (including Ramban) disagree! In this week's shiur, as we study the overall structure of Parshat Mishpatim (and its connection to Parshat Yitro), we will uncover the source of (and the reason for) this controversy. As the shiur is quite long, we have divided it into three sections: PART I - WHEN DID BNEI YISRAEL SAY "NA'ASEH V'NISHMA"? PART II - AN 'EDUCATIONAL' PROGRESSION PART III - THE "TOLADOT" OF THE "DIBROT" === PART I - WHEN DID BNEI YISRAEL SAY "NA'ASEH V'NISHMA"? Often, we spend so much attention studying the specific mitzvot in Chumash that we lose track of the narrative in which they are embedded. Parshat Mishpatim is a classic example, as it forms part of a very important narrative following the story of the Ten Commandments. 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). God grants their request, and in the next 'parshia' in Chumash 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... Thus YOU shall SAY to Bnei Yisrael: * "You saw that I spoke to you from the Heavens. * DO NOT make any idols of Me... * A MIZBAYACH made from earth you shall make for Me..." (see 20:19-23) Although these four psukim conclude Parshat Yitro, they DO NOT conclude this set of mitzvot (that began with KO TOMAR)! Note how this short parshia (20:19-23) introduces a collection of numerous mitzvot that continue in Parshat Mishpatim with: "And these are the MISHPATIM (rules) that you shall set before them..." (see 21:1) [See Ibn Ezra (peirush ha'aroch) and Rashi.] In fact, this set of laws (which Moshe is instructed to convey to Bnei Yisrael) continues all the way until the end of chapter 23! It is only in 24:1 where this long quote (of what Moshe is to tell Bnei Yisrael) finally ends, and the narrative describing the events at Har Sinai continues. In other words, we have identified a distinct UNIT [consisting primarily of mitzvot] introduced by "KO TOMAR..." (in 20:19) that continues all the way until 23:33, embedded within the story of Ma'amad har Sinai. Identifying this unit is more than just a 'technicality'. After all, this unit follows the Dibrot and contains a select set of mitzvot. In Part Two we shall discuss what is special about this unit itself, but first we will show how identifying this unit can help us understand the story that follows immediately afterward (in chapter 24). WHAT MOSHE DOES WHEN HE RETURNS Considering that this unit began with "KO TOMAR..." we should expect Chumash to now continue its narrative by reporting how Moshe conveys these laws to Bnei Yisrael. And indeed, this is exactly what we find: "... And Moshe came [back down from the mountain] and TOLD the people all the DIVREI HASHEM (God's words) and all the MISHPATIM." (24:3) However, as you probably noticed, there is one minor problem. We would have expected this (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..." (see 24:1-2) The reason for this is quite simple. Before Chumash tells us how Moshe conveys these laws, the narrative first provides us with some background information (that will be critical towards understanding the conituation of the story in 24:9). [In other words, these opening two psukim should be understood as 'parenthetical', as Moshe will later fulfill this command in 24:9-12.] We'll keep these two psukim in 'memory' and begin our analysis with 24:3, to show how this story directly relates to the 'KO TOMAR unit': "... And Moshe came and TOLD to the people all the DIVREI HASHEM (God's words) and all the MISHPATIM." (24:3) As we presumed, this pasuk describes how Moshe conveys the laws of this 'KO TOMAR' unit. Most likely, the phrase "mishpatim" (in 24:3) 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 chapter 23 as well). At the conclusion of this pasuk, we are told how Bnei Yisrael confirm their acceptance of these laws: "... and the people answered together saying: 'ALL that God has commanded us - na'aseh - we shall keep." (24:3) Note how Bnei Yisrael proclaim "na'aseh" once again, even though they already proclaimed "na'aseh" before Matan Torah (see 19:5-8 /in relation to the Dibrot). This second proclamation is now necessary, for they had just received an additional set of mitzvot conveyed to them via Moshe. THE CEREMONY At this point in the narrative something peculiar takes place. Even though it should have been enough for Moshe to simply convey these laws to Bnei Yisrael, the psukim that follow describe a special ceremony that takes place. Let's take a look at the details of this ceremony. First, in 24:4 we are told that Moshe writes down the "divrei Hashem" in an 'official document'; then he builds a MIZBAYACH and erects twelve monuments (one for each tribe). As 24:5-7 explains, all of these acts are in preparation for the public gathering that takes place on the next day (when Bnei Yisrael offer OLOT & SHLAMIM on the MIZBAYACH). The highlight of that ceremony takes place in 24:7 when Moshe takes this 'document' (to which the Torah now refers as "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 v'NISHMA [we shall keep and obey]. 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..." (24:7-8) [Later in the shiur we will discuss what precisely was written in this SEFER HA'BRIT and WHY the people respond "na'aseh v'nishma."] At the conclusion of this ceremony, Moshe, Aharon, Nadav, Avihu and the 70 elders, ascend the mountain and bow down (from a distance) to God. [Thereby fulfilling God's command as detailed in 24:1 above.] One could explain that this 'leadership group' approaches God to symbolically represent the acceptance of God's covenant by the entire nation. This seems to be a nice and simple interpretation for 24:1-11. In fact, most all of the classical commentators explain these psukim in this manner. [See Ibn Ezra, Ramban, Rashbam.] Yet to our surprise, Rashi (and most likely your first Chumash teacher) disagrees! Let's explain why. LAST THINGS FIRST For some reason, Rashi (quoting the Mechilta on 24:1) claims that this entire ceremony - reading the SEFER HA'BRIT, sprinkling the blood, and proclaiming NA'ASEH v'NISHMA (i.e. 24:1-11)- all took place BEFORE Matan Torah, and hence BEFORE this KO TOMAR unit was given to Moshe Rabeinu. Therefore, Rashi must provide a totally different interpretation for the phrases "divrei Hashem v'ha'Mishpatim" in 24:3 and 24:4. He obviously cannot explain (as Ramban does) that this refers to the "divrei Hashem" & "mishpatim" found in the KO TOMAR unit (see above), for they had not been given yet. Instead, Rashi explains that the MISHPATIM refer to the seven "mitzvot Bnei Noach" and the laws Bnei Yisrael received at MARA (see Shmot 15:25). Likewise, he explains that the "divrei Hashem" that Moshe writes down in 24:4 (and hence the "sefer ha'brit" in 24:7) is Sefer Breishit (and the first half of Sefer Shmot)! [Note that according to Rashi, the entire KO TOMAR unit (including the "mishpatim") was given to Moshe Rebeinu during his first forty days on Har Sinai (see Rashi 31:18).] At first glance, Rashi's interpretation seems unnecessary and altogether irrational. However, by undertaking a more comprehensive analysis, we will show how Rashi's interpretation is not only textually based, but also thematically quite significant. FILLING THE MISSING LINKS Keep in mind that Rashi takes the entire parshia from 24:1-11 and places it BEFORE Matan Torah. Recall as well that the events that took place before Matan Torah were already described in Shmot chapter 19. Therefore, Rashi's interpretation implies that we 'weave' the events described 24:1-11 into chapter 19. What leads Rashi to this conclusion? Recall (from our shiur on Parshat Yitro) how chapter 19 contained numerous ambiguities. For example, recall from 19:22 how God tells Moshe to warn the "KOHANIM who stand closer", yet we had no idea concerning WHO these KOHANIM are! 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 singled out in 24:1 & 24:9. 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 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 understand who are the "HEYM" are in 19:13, who are allowed to ascend Har Sinai once the Shofar sounds a long blast? Most likely, the "HEYM" who are instructed to approach Har Sinai in 24:1-2, are the same "HEYM" who are described in 19:13. [See Ibn Ezra aroch on 19:13, quoting this pirush in the name of Shmuel ben Hofni!] These 'textual' considerations supply the necessary 'circumstantial evidence' that allows Rashi to link these two parshiot together. However, in addition to this 'technical' explanation of these events, the thematic implications of Rashi's interpretation are even more significant. Let's explain why: 'WHY' BEFORE 'HOW' Recall how Rashi identifies the "sefer ha'brit" that Moshe reads in public (see 24:7) as Sefer BREISHIT. If so, this interpretation would tie in beautifully with our discussion of the primary theme of Sefer Breishit. Recall the centrality of God's covenant with Avraham Avinu [i.e. BRIT Milah & BRIT Bein Ha'btarim] promising how his offspring would become a great nation in a special land, where they will represent God. This would explain why the Torah now refers to this Sefer as "sefer ha'BRIT"! But more significant is God's commandment that Bnei Yisrael must first study Sefer Breishit BEFORE they receive the "mitzvot" of the Torah. Considering that Sefer Breishit explains HOW and WHY Bnei Yisrael were first chosen, it is important that they FIRST understand WHY, i.e. FOR 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 the he first understand WHY he was chosen.] THE FIRST 'SHABBATON' 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). From chapter 19 alone, this preparation reflects a very '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), * Offering (and eating) korbanot (see 24:5-6,11), * A public ceremony - where everyone participates [everyone declares "naaseh v'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"! [Note as well that Rashi's interpretation provides us with an excellent example of his exegetic principle of "ein mukdam u'muchar" /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.] YIRAH & AHAVAH However, according to Rashi, one basic question remains: What does the Torah gain by dividing this story of Ma'amad Har Sinai in half; telling part of the story in chapter 19 and the remainder in chapter 24? 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 YIRAH perspective, the people's fear and the awe- inspiring nature of this event. In contrast, chapter 24 focuses on the AHAVA 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 them individually. Surely, the fear of God ["yirat shamayim"] must be the primary prerequisite for "kabbalat ha'Torah". ["reishit chochma yirat Hashem" (tehillim 111:10)] Therefore, this "yirah" aspect is isolated and presented before Ma'amad Har Sinai. Yet, the Torah must also emphasize how the love of God, and our closeness to Him is no less important. Hence, this "ahava" aspect is also isolated, and recorded at the conclusion of the entire unit of Ma'amad Har Sinai in chapter 24. This lesson remains just as important as we adhere to the laws of Matan Torah in our daily lives. It always remains important to integrate both values of "ahavat Hashem" and "yirat shamayim" into all our endeavors. ================ Further Iyun for Section One 1. See Ramban on 19:5, especially "al derech ha'EMET..."! Relate each part of this Ramban to the above shiur. 2. See Shabbat 88a, regarding the machloket when the DIBROT were given. Relate this sugya to the above shiur. 3. Based on the structure of the "ko tomar" unit, which is followed by "brit na'aseh v'nishma" and where Bnei Yisrael build a MIZBAYACH and offer OLOT & SHLAMIM, explain why the primary mitzvah in the opening section (i.e. 20:21-23) is "mizbach adama ta'aseh li..." [Does this insight support Rashi or Ramban's interpretation?] 4. 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-Bechukotei, 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 pirush also neatly explains why the phrase "ki li kol ha'aretz" appears in 19:5.) =========== Part Two A SPECIAL UNIT / AN EDUCATIONAL PROGRESSION In Part Two we return to the KO TOMAR unit (as defined in Part One, i.e. 20:19->23:33) and attempt to understand its internal structure and purpose. Considering that this unit is the FIRST complete set of mitzvot that Bnei Yisrael receive after the Ten Commandments, we should expect to find particular significance latent therein. Let us first [as usual] analyze its internal structure and then address its content. THE 'KEY' WORD Although this unit begins with three mitzvot (20:19- 23) that fall under the category of "bein adam la'Makom" (between man and God), the focus shifts immediately thereafter (at the beginning of Parshat Mishpatim /21:1) onto the category of "bein adam l'chaveiro" (between man and his fellow man, i.e. civil law). These MISHPATIM begin with the laws of a Hebrew slave (21:2-11) and are followed by numerous examples of 'case- type' civil laws dealing primarily with "nzikin" (damages / 21:12-22:16). The presentation develops in an organized, structured manner, progressing from cases of capital offense to issues concerning accidental property damage. As I'm sure you noticed, the 'key word' in this section is "ki" [pun intended], which implies IF or WHEN. Note how most of the parshiot from 21:1-22:18 begin with the word "ki" or ["im" / if/ when] and even when it is not written, it is implicit. In other words, each of these "mishpatim" begins with a certain CASE [if...] and is followed by the ruling [then...]. For example: IF a man hits his servant THEN... (21:20); IF an ox gores a man... THEN the ox must be stoned (21:28). Basically, this section contains numerous examples of 'case-law,' upon which the Jewish court (BET-DIN) arrives at its rulings. In fact, this is the basic meaning of a "mishpat" - a CASE where one person claims damages from another, and the SHOFET (judge) must render a decision. At the very end of this list we find three laws written in a more imperative form that do not discuss damages: "A sorceress SHALL NOT be left alive. Anyone lying with an animal SHALL BE KILLED, and one who sacrifices to [other] gods SHALL BE EXCOMMUNICATED..." (22:17-19) Even though these can be understood as case-type laws that BET-DIN is responsible to enforce, they clearly mark a transition, as indicated by their IMPERATIVE form. Furthermore, these three laws deal with "bein adam la'makom" laws, in contrast to the civil laws that preceded them, and hence form a type of 'buffer'. An abrupt change takes place from 22:20 onward. As opposed to the 'case-type' laws found up until this point, we now find a collection of IMPERATIVE-type laws, i.e. DO... or DON'T... which are beyond the realm of civil enforcement by BET-DIN. These mitzvot focus on the nature of the society which God hopes to create within Am Yisrael, as they govern the conduct of every individual in his daily life. ETHICAL STANDARDS Note how the Torah uses two almost identical phrases to 'enclose' this special sub-section (22:20-23:9), which focuses on God's expectations for the moral fabric of our society. The opening sentence: *"You SHALL NOT WRONG a STRANGER or oppress him, for you yourselves were strangers in the land of Egypt." (20:20) And the closing statement: * You SHALL NOT OPPRESS a STRANGER, whereas you know the FEELINGS of a stranger, for you yourselves were once strangers in the land of Egypt." (23:9) In between these two psukim, we find many other mitzvot, which reflect this same high ethical standard: * "You shall not mistreat any widow or orphan. If you do mistreat them, I WILL HEED THEIR OUTCRY...." * "When you lend money... if you take his garment as a pledge, you must return it by sunset... for if you don't, when he calls out to me, surely, I WILL HEAR HIS CRY..." (22:20-26) In contrast to the previous section, whose laws are enforced by BET-DIN, in this section God Himself enacts punishment. Each member of society is expected to treat the poor and needy with kindness. If one does not, God may 'intervene' and turn his children into orphans. This section includes several additional mitzvot (also in the imperative form) governing individual behavior (see 22:27-30) - cursing a judge or a political leader, giving tithes at the proper time [paying taxes], and a basic dietary law. These laws affect the individual's daily lifestyle and include an important general commandment reflective of the entire section: "You shall be a HOLY PEOPLE for Me..." (22:30). Even though these laws at first glance appear to be "bein adam la'makom", they actually focus more on the very nature of the society that God would like us to create. ["bein adam la'chevra" - between man and his society] This section concludes with several mitzvot that emphasize an even higher level of moral and ethical behavior. For example: * Honesty and integrity while judging others (23:1- 3,6); * Returning a lost animal, EVEN that of your enemy, to its owner ("ha'shavat aveidah") (23:4); * Helping your neighbor's animal (again, even your enemy) with its load ("azov ta'zov imo") (23:5); * "m'dvar SHEKER tirchak" - keeping one's distance from any form of dishonesty (23:7); * "v'SHOCHAD lo tikach" - Not to take bribes (23:8). As mentioned earlier, this section, describing the mitzvot of a high ethical standard, closes with the very same verse: "v'ger lo toneh v'lo t'lchatzena...." (see 23:9). Despite the difficulty of their slavery in Egypt, Bnei Yisrael are expected to LEARN from that experience and create a society sensitive to the needs of the less fortunate. In other words, BECAUSE we were once slaves, we are expected to be even MORE sensitive to the needs of others! This 'ethical' section is followed by yet an additional set of mitzvot (see 23:10-19), which now focuses once again on "mitzvot bein adam la'Makom." It includes the following mitzvot: "shmitah" - leaving the fields fallow every 7 years; "shabbat" - resting one day out of every SEVEN days; "shalosh r'galim" - the three agricultural holidays: 1)"chag hamatzot" - seven days eating matzah 2)"chag ha'katzir" - wheat harvest (7 weeks later) 3)"chag ha'asif" - produce harvest (7 days). (see 23:10-19) Nonetheless, even these mitzvot contain a certain aspect of "bein adam l'chaveiro." In this parsha, the "shmitah" cycle provides extra food for the poor and needy (see 23:11), while "shabbat" provides a day of rest for the "bondsman and stranger" (see 23:12). Similarly, the "shalosh r'galim" are described as that time of year when the entire nation gathers together 'in front of God' (i.e. at the Bet Ha'Mikdash). This mitzvah also influences the social development of the nation, and provides the poor and needy with a chance to celebrate together with the more fortunate (see Devarim 16:11,14- 16.) AN EDUCATIONAL PROGRESSION Let's stop for a minute and take note the progression of the various subsections discussed thus far. Note how they follow a meaningful, educational progression: I. THE FEAR OF MAN The first section (21:1-22:19) contains civil laws regarding compensatory obligations, common to any civilized society (not unique to Am Yisrael). These case- type laws are enforced by BET-DIN. The fear of punishment by the courts ensures the compliance of the citizenry. II. THE FEAR OF GOD The next section (22:20-26) contains imperatives related to ethical behavior, emphasizing specifically consideration for the less fortunate members of society. Given the difficulty of enforcing this standard by the BET-DIN, God Himself assumes the responsibility of punishing violators in this regard. III. LOVE FOR ONE'S FELLOW MAN The final section of imperative civil laws (23:1-9) contains mitzvot relating to an even higher moral and ethical standard. In this section, the Torah does not mention any punishment. These mitzvot are preceded by the pasuk "v'anshei KODESH ti'hiyun li" (22:30) and reflect the behavior of a "mamlechet kohanim v'goy KADOSH" (see 19:5-6). When the civil behavior of God's special nation is motivated not only by the fear of punishment, but also by a high ethical standard and a sense of subservience to God, the nation truly becomes a "goy KADOSH" - the purpose of Matan Torah. IV. THE LOVE OF GOD After creating an ethical society, the nation is worthy of a special relationship with God, as reflected in the laws of shabbat, shmitah, and "aliyah l'regel" - 'being seen by God' on the three pilgrimage holidays (see 23:10-17). This progression highlights the fact that a high standard of ethical behavior (II & III) alone does not suffice. A society must first root itself in the most basic civil laws and the establishment of a court system (I). Once this basis has been established, society can then strive to achieve a higher ethical standard. Then, man is worthy to encounter and 'visit' God (IV). ONE LAST PROMISE Even though the mishpatim and mitzvot end in 23:19, this lengthy section (that began back with "ko tomar..." in 20:19) contains one last section - 23:20->33 - which appears as more of a PROMISE than a set of laws. God tells Moshe to tell Bnei Yisrael that: "Behold, I am sending a MALACH before you, to guide you and bring you to ... (the Promised Land). ... for if you obey him [God's "malach"] and do all that I say, I will be an enemy to your enemies and a foe to your foes. For My MALACH will lead you and bring you to [the land of] the Amorites, Hittites, etc." (23:20-23) [See also 23:27-31!] This conclusion points to the PURPOSE of the entire unit. Bnei Yisrael must accept these laws that will shape their character as God's special nation. IF they obey these rules, THEN God will assist them in the conquest of the Land. Considering that Bnei Yisrael are on their way to conquer and inherit the Land, this section (23:20-33) forms an appropriate conclusion for this entire unit. Should they follow these laws, He will help them conquer that land, where these laws will help facilitate their becoming God's special nation. ========== Further Iyun for Part Two A. NISHMA V'NA'ASEH! Based on this interpretation, we can suggest a very simple explanation for why Bnei Yisrael declare "NA'ASEH v'NISHMA" at the ceremony at Har Sinai (as see 24:7). [According to Ramban's shita that we keep 24:1-11 in its chronological order.] If indeed SEFER ha'BRIT includes the unit from 20:19- 23:33, then God's promise to help Bnei Yisrael conquer the land should they listen to Him (23:20-23:23) forms the most basic statement of this COVENANT: "ki im SHAMOA TISHM'U b'kolo, v'A'SITA kol asher a'daber - For IF you LISTEN to what He [the MALACH] says, and DO whatever I will speak... THEN I will help you defeat your enemies..." (see 23:21-22) One could suggest that it is in response to this phrase that Bnei Yisrael declare: NA'ASSEH - in response to: v'ASITA kol asher a'daber; v'NISHMA - in response to: im SHMOA TISHM'U b'kolo. [Carefully read the middle section of Ramban's pirush to 24:3 where he alludes to this interpretation. [Note that even according to Rashi's interpretation that Sefer ha'brit in 24:7 includes the laws at MARA, the final words of God's charge at MARA (see 15:26) could provide the background for a similar explanation. One could suggest that Bnei Yisrael respond by saying NA'ASEH to v'hayashar b'eyneav TA'ASEH and NISHMA to "im shmoa tishma..."! Of course, this could also relate to God's proposal in 19:5-6. ] B. Regarding to the order of NA'ASSEH v'NISHMA: According to our explanation above, Bnei Yisrael should have said this in the opposite order, i.e. NISHMA v'NA'ASEH. Relate this to Chazal's question in the Midrash - "lama hikdimu naaseh l'nishma," which applauds Bnei Yisrael for FIRST accepting the laws which they haven't yet heard. [Relate to "et asher A'DABER"!] C. SOUND BYTES Many of the mitzvot in Parshat Mishpatim from 22:26- 23:19 could be viewed as 'sound-bytes' for entire 'parshiot' that expound on these mitzvot in Sefer Vayikra and Sefer Devarim. 1. Attempt to find examples, e.g. 23:10 to Vayikra 25:1- 8; 23:14 to Devarim 16:1-17. 2. Use this to explain the nature of Parshat Mishpatim. 3. How does this enhance our understanding of the ceremony in perek 24? Relate to "sefer ha'brit." =============== PART THREE - THE "TOLADOT" OF THE "DIBROT" In Part Three, we return once again to the mitzvot of the "ko tomar" unit, this time paying attention to an additional aspect of its overall structure. Just as we have shown how these mitzvot follow an 'educational progression,' we will now show how (and why) they follow ('more or less') according to the order of the Ten Commandments. Let's begin by showing how the opening section of mitzvot in this unit (i.e. 20:19-23 / the "bein adam la'Makom" mitzvot) can be viewed as "toladot" (sub- categories) of the first three Commandments: *1. 20:19 "You have seen how I have spoken to you from heaven" - thus emphasizing belief in God's HITGALUT at Har Sinai. This could be considered parallel to the first "dibur" - "Anochi Hashem Elokecha asher hotzeiticha..." *2. 20:20 "Don't make [with] Me gods of gold and silver..." - This prohibition of idol worship is obviously parallel to the second "dibur": "lo yi'hiyeh lecha..." *3. 20:21-23 "An earthen Mizbayach you shall make for Me...." - Even though this parallel is not as obvious, this commandment concerning how to build a Mizbayach may be compared to the third "dibur": "lo tisa et SHEM..." - not to mention God's Name in vain. The parallel can be based on our study of Sefer Breishit where we saw how the mizbayach forms an avenue by which Avraham declared God's Name to make it known to others. [See Breishit 12:8 and 13:4 and Ramban on 12:8.] As Parshat Mishpatim continues this "ko tomar" unit, we can continue to find additional parallels to the remaining Dibrot. Just as we found "toladot" of the first three "dibrot," so do we find "toladot" of the fourth commandment - i.e. "shabbat." In fact, both the opening and closing sections of the mitzvot relate to shabbat. The opening mitzvah, the law of a Hebrew servant (21:1-6), is based on the concept of six years of 'work' followed by 'rest' (=freedom) in the seventh year. The closing mitzvot of "shmitah," shabbat, and "aliya la'regel" (23:10-19), are similarly based on a seven-day or seven-year cycle. In between these two "toladot" of shabbat, we find primarily "mitzvot bein adam la'chaveiro" (21:1->23:9), which can be considered "toladot" of the fifth through tenth Commandments. The final section, describing God's promise to help Bnei Yisrael conquer the land should they keep these mitzvot, continues this pattern in descending order: 23:20-23 The MALACH with "shmi b'kirbo" -> III. "lo tisa" 23:24 - Not to worship their idols -> II. - "avoda zara" 23:25 - Worshipping God and its reward... -> I. Anochi Hashem Elokecha... This structure, by which the "mitzvot bein adam la'Makom" that govern our relationship with God (I->IV) serve as 'bookends' enclosing the MISHPATIM [the civil laws and ethical standards regarding one's relationship to fellow men (V-X)], underscores an important tenet of Judaism. Unlike pagan religions, man's relationship with other people constitutes an integral part of his unique relationship with God. YITRO / MISHPATIM - A CHIASTIC STRUCTURE The following table illustrates how this progression of the mitzvot according to the DIBROT helps form a chiastic structure, which encompasses the entire unit from Shmot chapters 19->24. Note the chiastic [A-B-C-D-C-B-A] structure that emerges: A. BRIT & the DIBROT at HAR SINAI (19:1-20:18) | B. Mitzvot - I, II, III (20:19-23) ["bein adam la'makom"] | | C. Eved Ivri (IV) [21:1-> "bein adam l'chaveiro"] | | | D. Misc. civil laws (V-X) /causative & imperative | | C. Shmitah, shabbat, r'galim (IV) | B. Mitzvot - III, II, I (23:20-33) ["bein adam la'makom"] A. The "Brit" of "na'asseh v'nishma" at HAR SINAI and Moshe's ascent to receive the "luchot" containing the "dibrot." A chiastic structure (common in Chumash) usually points to a common theme and purpose of its contents. In our case, that theme is clearly "Ma'amad Har Sinai." This unit of "Ma'amad Har Sinai" (Shmot 19->24) continues the theme of the first unit of Sefer Shmot (1->18), the story of Yetziat Mitzrayim. We conclude our shiur by relating this structure to the overall theme of Sefer Shmot, as discussed by Ramban in his introduction to the sefer. As we explained, Yetziat Mitzraim (our redemption from Egypt) constituted the FIRST stage in God's fulfillment of BRIT AVOT. Now, at Ma'amad Har Sinai, Bnei Yisrael enter a SECOND stage, as they collectively accept God's covenant and receive the Torah (BRIT SINAI). These laws, especially those of Parshat Mishpatim, will help form their character as God's special nation - in order that they can fulfill the FINAL stage of "brit Avot" - the inheritance of the Promised Land and the establishment of that nation. shabbat shalom, menachem ============================== FURTHER IYUN FOR PART THREE A. Recall Rashi's explanation that 24:1-10 takes place BEFORE Matan Torah. How could the chiastic structure, explained above, support Rashi's interpretation? B. We mentioned in the shiur that the mitzvot in Mishpatim can be understood as "toladot" of the Ten Commandments. See Ibn Ezra's observation of this point. See also Abravanel. 1. Attempt to find examples of Dibrot V->X within the civil laws. 2. Explain why the laws concerning the mizbayach should be considered toladot of "lo tisa et shem Hashem elokecha la'shav." 3. How does "shem Hashem" relate to the concept of Mizbayach? Relate to Breishit 12:8, 13:4, etc. 4. How does 23:20-22 relate to this same idea of "shem Hashem"? C. Based on the above shiur, explain why Chazal interpret the law of "va'avodo la'olam" (21:6) - when an "eved ivri" agrees to work 'forever' - as referring to the end of the seven cycles of shmitah, i.e. the "yovel" year - see Rashi 21:6 and Vayikra 25:8-11.