Vol 26.17 - Mishpatim 2

Summary

(5744) Rashi (Ex. 24:1): "And to Moses He said". Explanation of the order of the parshiot and "the Book of the Covenant" (ibid 7)

Synopsis1

TORAH's PERPLEXING ORDER (V. 1)

Rashi writes that the above was said the giving of the Torah in Parshat 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, alter 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 Parshat Mishpatim were given over. Then, in 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 then leap to after the Incident with the Golden to read Parshat Terumah and Tetzaveh. (Click on link to see table)

It appears to be no wonder therefore that Ramban and a host of other commentators found Rashi’s chronology 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) G-d 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:

1. "If you listen to Me "—observance of the Mitzvot, which were given (initiated) by G-d
2. "And keep My Covenant” – general commitment to G-d, initiated by man.

After this "mission statement" was made G-d divided the narrative of the giving of the Torah into two sections:

• First He dealt with the Mitzvot and their observance. This included the giving of the Torah together with its preparations, and the list of Mitzvot 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 between the Jewish people and G-d.

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 G-d (exclaiming, "All the words that G-d 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 narrative into two parts which each stress a different aspect of the Torah's purpose: observance of the Mitzvot (G-d's initiative) and commitment to G-d (man's initiative).

Gutnik Chumash

Synopsis2

A Tale of Two Portions

At the conclusion of Mishpatim — after almost an entire Torah portion that addresses matters not directly related to Mattan Torah , the giving of the Torah — Moshe is told: “Go up to G-d.”5 Rashi explains6 that this took place on the fourth of Sivan, prior to Mattan Torah.

Most of the preparations for Mattan Torah are described at length in the portion of Yisro. The fact that additional details are provided in Mishpatim indicates that a purpose must be served by describing Mattan Torah in two portions. What is that purpose?

Mattan Torah accomplished two things: a) G-d gave the Torah — its commandments and laws — to the Jewish people; b) G-d thereby entered into a “covenant of observance” with the Jews — “And you shall keep My covenant.”7 Jews thus became His servants, as the verse states:8 “You shall serve the L-rd upon this mountain,” and as Rashi notes,9 the Jewish people then became subjugated to G-d.

Herein lies the difference regarding the preparations for Mattan Torah as described in Yisro and the preparations described in Mishpatim :

Yisro deals mainly with G-d’s giving of the Ten Commandments. That is why the tale of the Jewish people’s preparation as related in Yisro deals with the commands that G-d gave them to prepare for Mattan Torah.

Mishpatim , however, deals with the covenant and servitude to G-d that resulted from Mattan Torah. This came about through the events described in this portion,10 namely, the Jewish people’s acceptance of the Torah by prefacing “We shall do” to “We shall hear” and writing the “Book of the Covenant.”

There is an even more profound reason for the details relating to Mattan Torah to be given in two separate portions:

The Midrash notes11 that at the time of Mattan Torah , two things were accomplished: “Those Above descended below” — “G-d descended on Mt. Sinai,”12 ; and “Those below ascended Above” — “And to Moshe He said: ‘Ascend to G-d.’ ”13 Man ascended to G-dliness.

The first portion speaks mainly about Mattan Torah from the perspective of those “Above”— “G-d descended,” “And G-d spoke.” Mishpatim, however, addresses the event from the perspective of those “below” — “Ascend to G-d,” “We shall do and we shall hear,” etc.

The difference between these two aspects of Mattan Torah is this: The tremendous degree of Divine revelation that descended from Above at the time of Mattan Torah was temporary; the ascent of the Jewish people, however, — becoming G-d’s servants and thereby becoming spiritually elevated — was permanent.

The reason why the second aspect of Mattan Torah endured was because it came about as a result of man’s own service. It therefore became permanently embedded within the Jewish people’s psyche.

Accordingly, we are able to understand why the command of building the Tabernacle — mentioned in the next portion of Terumah — follows the second aspect of Mattan Torah. For the special quality of Divine revelation that resulted from the construction of the Mishkan mirrored the service of man:14

The revelation of G-dliness within the Mishkan came about through the accomplishment of the Jewish people — “You shall make for Me a Mishkan.”15 Just as the Jewish people’s service at Mattan Torah resulted in their permanent spiritual elevation, so did the Divine revelation that resulted from the making of the Mishkan permanently sanctify its physical structure.

(From http://schneersoncenter.org/mobile/page.asp?pageID=%7B7B8E06AF-8BCD-4CE4-8071-EC60E7D46BE6%7D&displayAll=1. Based on Likkutei Sichos Vol. XXVI, pp. 153-159.)

Translation

Note: The following is from the fully formatted translation at

[https://www.chabad.org/therebbe/article_cdo/aid/4743717/jewish/Mishpatim-Two-Stories-of-Sinai.htm|Two-Stories-of-Sinai]

A Question of Chronology

1. At the conclusion of this week’s Torah reading –

after the passage containing many laws governing civil

matters2 and the passage relating that G-d told Moshe,

“Behold, I am sending an angel…”2 – the Torah retells

the story of the revelation at Mount Sinai, beginning,3

“And to Moshe, He said, ‘Ascend to G-d….’ ”

Commenting on the words, “And to Moshe, He

said, ‘Ascend…,’ ” Rashi explains that: “This passage

was related before the Ten Commandments

were given. On the fourth of Sivan, G-d told Moshe,

‘Ascend…,’ ” i.e., this passage is not related in chronological

order.

Many of the commentators4 who interpret the

Torah according to its straightforward meaning understand

the sequence otherwise, maintaining that the

passages are related in chronological order. According

to these commentators, this passage was related after

the Giving of the Torah and describes Moshe’s ascent

to G-d after the Giving of the Torah, when he stayed

on Mount Sinai for 40 days and nights. Nevertheless,

some of the commentaries explain that, according to the

straightforward understanding of the Torah,5 Rashi and

others6 were compelled to posit that “This passage was

related before the Ten Commandments were given,”7

because:

a) The wording of the verse, “And to Moshe, He said,

‘Ascend to G-d…’ ” rather than “G-d told Moshe, ‘Ascend…,’

” as is common in many other places, implies

that it is not describing the beginning of a new event,

but was “related before the passages immediately preceding

it,” i.e., it was the continuation of a story begun

beforehand.8

b) The passage’s content – the description of the covenant

into which our ancestors entered with G-d9 – is

a matter that logic dictates was accomplished before

receiving the Torah and in preparation for it.10

Nevertheless, clarification is still required:

Although here and in a number of places Rashi11

states the general principle, “There is no sequence

of earlier and later events in the Torah,”

nevertheless, it is self-evident that this principle

is applied only when there is no other alternative,

and that there must be a reason for the

deviation from the chronological order.12 For

example, after explaining in his commentary on

the verse,13 “And Terach died in Charan…,” that

Terach died after Avram left Charan,14 Rashi

asks:15 “Why did Scripture tell of Terach’s death

before speaking of Avram’s departure?”

Explanation is similarly necessary regarding

the matter at hand: Why is the passage,

“And to Moshe, He said, ‘Ascend…’ ” – which

was actually related on the fourth of Sivan

before the giving of the Ten Commandments –

mentioned out of chronological sequence, only at the

end of Parshas Mishpatim?16

In particular, the question is germane here, because

according to this explanation the sequence of the story

of the Giving of the Torah and the preparations for it is

very problematic.17 Parshas Yisro describes the preparations

for the Giving of the Torah carried out on “the

second day”18 (the second of Sivan), “the third day,”19

and some of those of “the fourth of the month,”20 including

G-d’s command to refrain from intimacy and

set borders around Mount Sinai,21 as it is written,22 “He

sanctified the people… and he told the people, ‘Be

prepared… do not approach a woman.” Parshas Yisro

then describes the Giving of the Torah on the sixth

(or seventh)23 of the month and concludes with G-d’s

statements to Moshe delivered afterwards.24

After including several chapters that focus on the

Torah’s civil laws and other subjects, at the end of Parshas

Mishpatim the Torah backtracks and, according

to Rashi,21 refers to the events of the fourth of Sivan

– that Moshe told the Jews the command to refrain

from intimacy, set borders around Mount Sinai,25 and

“all the laws,” i.e., the Seven Universal Laws Commanded

to Noach and his Descendants, the laws of

Shabbos, and other commandments given to them at

Marah25 – and it also refers to the events of the fifth26

of Sivan.

Understanding the Interruptions

2. There is another point regarding the order of

the passages that raises a question according to

Rashi’s interpretation. The other commentators

(mentioned above) maintain that the passage

beginning “And to Moshe, He said, ‘Ascend…,’ ”

was related after the Giving of the Torah, and

they interpret the verse,27 “Moshe came and related

to the people all the words of G-d and all

the judgments,” as referring to the judgments

and laws related in this Torah reading, Parshas

Mishpatim. They were conveyed to Moshe on

the day of the Giving of the Torah,28 and Moshe

related them to the Jews immediately thereafter.

Rashi,29 by contrast, maintains that “the statutes

and judgments in the Torah reading that

begins VeEleh HaMishpatim” were related to

Moshe later, during the first 40 days he stayed

on Mount Sinai. According to Rashi’s interpretation,

the Torah interrupts between the two

narratives describing the preparations for the

Giving of the Torah undertaken until the fifth

of Sivan, inserting not only the description of

the preparations for the Giving of the Torah on

the sixth of Sivan and the Giving of the Torah

itself, but also many different matters that G-d

conveyed to Moshe during the following 40

days.30

Furthermore, after relating all the laws and

judgments detailed in Parshas Mishpatim and

after the passage beginning,3 “And to Moshe, He

said, ‘Ascend to G-d…,’ ” the Torah states at the

end of the reading,31 “And G-d said to Moshe, ‘Ascend

the mountain to Me and abide there, and I

will give you the stone tablets…. Moshe arose…

and ascended… the mountain. Moshe stayed on

the mountain for 40 days and 40 nights.” As Rashi32

states, this also took place directly after the Giving

of the Torah.

Thus, according to Rashi, even the events that

took place after the Giving of the Torah, i.e., Moshe’s

ascent of Mount Sinai after the Giving of the Torah

and his forty-day stay there are not presented

in their chronological order. Instead, the narrative

is interrupted with the recounting of a prior event.

First, the Torah relates the statutes and laws that

G-d conveyed to Moshe during the 40 days he was

on the mountain.33 Then, it makes an interruption

and includes the passage that begins, “And to

Moshe, He said, ‘Ascend…,’ ” which describes the

preparations for the Giving of the Torah. Afterwards,

the Torah continues with the command,

“Ascend the mountain to Me” to receive the Tablets,

and concludes by relating that Moshe carried

out this command.

What Sinai Accomplished

3. It is possible to explain all these difficulties

based on the following conception. The Giving of the

Torah accomplished two transformative objectives:

a) G-d gave the Torah – its mitzvos and laws – to

the Jewish people.

b) The Jewish people’s identity underwent a

metamorphosis; as a result, they became servants

of G-d, as implied by the verse,34 “You will serve

G-d on this mountain.” To use Rashi’s words,35

through the Giving of the Torah, the Jews became

G-d’s subjects.

G-d highlighted both these objectives immediately

in His first words to Moshe in the Sinai Desert

on the second of Sivan,36 in preparation for the Giving

of the Torah,37 “So shall you say to the house of Yaakov…

‘You saw… and now, if you heed My voice and

keep My covenant, you shall be a treasure to Me.’ ”

This verse underscores that two things were asked of

the Jewish people: a) “heed My voice,” i.e., to carry

out G-d’s commands, and b) “and keep My covenant,”

interpreted by Rashi38 to mean the covenant

that “I will establish with you regarding the observance

of the Torah.” The Jews’ obligation to observe

the mitzvos was instituted as a covenant, binding the

Jews to G-d and making them His subjects.

This constitutes the difference between the two

Torah readings – Parshas Yisro and Parshas Mishpatim

– that describe the preparations for the Giving

of the Torah.

Parshas Yisro describes primarily39 the Giving of

the Torah’s mitzvos, in particular, the Ten Commandments.

(Similarly, “the passage concerning the altar”40

that follows the Ten Commandments flows in direct

sequence from the Giving of the Torah, as the verse

relates,41 “You have seen that I have spoken…. Do not

make images…. Make an altar of earth….”) Because of

that focus, the narrative in Parshas Yisro that describes

the Jews’ preparations for the Giving of the Torah

speaks primarily about the commandments G-d gave

the Jews in preparation for that event – the commandments

to refrain from intimacy and to set borders

around Mount Sinai. The passage therefore emphasizes

that G-d had instructed Moshe regarding these

commandments and, when Moshe conveyed them to

the Jews, he underscored that these commandments

were given to prepare for the revelation from Above.

By contrast, Parshas Mishpatim highlights the

second dimension of the Giving of the Torah, the

covenant established between G-d and the Jews

through which they became His subjects. That covenant

was established through the specific activities

mentioned in this passage:42 the Jews’ acceptance of

the Torah, making the commitment,43 “All the words

that G-d has spoken we will do” and “We will do and

we will listen,”44 the composition of the Book of the

Covenant,45 building the altar, bringing sacrifices,

and sprinkling the blood on the Jewish people.46 The

commandments to refrain from intimacy and set borders

around Mount Sinai are again alluded to here47

only because of a new dimension that is highlighted48

– that the Jews made the commitment, “We will

do,” accepting G-d’s command and expressing their

willingness and obligation to carry out His word, redefining

their identity by becoming G-d’s servants.

Outlining the Sequence

4. On this basis, it is possible to resolve the

questions regarding the sequence of the passages

and events related in these Torah readings quite

straightforwardly. First, in Parshas Yisro and the first

portion of Parshas Mishpatim, the Torah details the

particulars relevant to the first theme of the Giving

of the Torah in their entirety – conveying the

Torah’s mitzvos and laws. Thus, it describes the commands

that served as preparation for the Giving of

the Torah (refraining from intimacy and setting

the borders around Mount Sinai), the Giving of the

Torah (the Ten Commandments), the passage concerning

the altar, which follows directly after the

Giving of the Torah, as mentioned above, and the

passage beginning VeEleh HaMishpatim, “And these

are the judgments,” which mentions the laws that

G-d taught Moshe during the 40 days he stayed on

Mount Sinai.49

After the Torah concludes setting forth the first

theme of the Giving of the Torah, it begins detailing

the events and activities associated with the second

theme of the Giving of the Torah,50 the establishment

of the covenant.

This also explains why the Torah divides the

narrative of Moshe ascending Mount Sinai after the

Giving of the Torah at the end of Parshas Mishpatim

into two parts, as discussed above.51 The reason

is that the 40-day period when Moshe abided on

Mount Sinai also had two themes:

a) G-d taught Moshe “the statutes and judgments

included in this Torah reading which begins with

VeEleh HaMishpatim,” as mentioned above.

b) “I will give you the Tablets of Stone”52 on

which the Ten Commandments were engraved.

The purpose of giving the Tablets was obviously

not to study from them, but for them to serve

as “the Tablets of Testimony”53 and “the Tablets

of the Covenant.”54 They served as testimony to

the covenant that G-d established with the Jewish

people at the Giving of the Torah and the

Jew’s commitment to observe it.

On this basis, it can be understood why the passage

that describes the first theme of Moshe’s 40

days on Sinai, i.e., when he received the laws beginning,

VeEleh HaMishpatim, “And these are the

judgments,” is related in sequence with the Ten

Commandments and the passage concerning the

altar, while the charge, “Ascend the mountain to

Me… and I will give you the Tablets of Stone,” is

mentioned in connection with the second theme

of the Giving of the Torah, the establishment of

the covenant.

The Beginning of a New Motif

5. It is possible to say that this distinction is

underscored by Rashi in the precise wording he

chooses, “And to Moshe, He said, ‘Ascend…’

– This passage was related before the Ten Commandments

were given.”

Two questions arise:

a) Why does Rashi include the word “ascend”

in the heading of this commentary? On the surface,

it would have been sufficient to cite the

words “And to Moshe, He said…,” or even just

“And to Moshe…,” since Rashi continues, “This

passage was related….”55

b) Why does Rashi use the words “before the ‘Ten

Commandments’ ”56 and not “before the Giving

of the Torah”? Moreover, in his commentary to

the Talmud,57 Rashi does, in fact, use that phrase

in his comment beginning, “And to Moshe, He

said….” There, he states that this passage “was

related before the Giving of the Torah.”

These two questions become even more pronounced

when the wording Rashi uses in the

explanation of this verse is compared with the

wording he uses in explanation of the subsequent

verse,50 “And G-d said to Moshe, ‘Ascend the mountain

to Me.’ ” Rashi interprets that verse, “And G-d

said to Moshe – after the Giving of the Torah.” In

this commentary, Rashi does not include the word

“ascend” in the heading, and uses the phrase “after

the Giving of the Torah,” and not “after the Ten

Commandments were given.”58

Based on the previous explanations, it can be

said that, by phrasing his commentary in this manner,

Rashi indicates that this passage begins the

description of the second theme of the Giving

of the Torah. This concept is emphasized by the

words, “This passage was related before the Ten

Commandments were given.” Rashi is not merely

pointing out the relevant chronology, he is also

highlighting that the passage beginning, “And to

Moshe, He said, ‘Ascend…,’ ” and its intent were

communicated59 before the first theme of the Giving

of the Torah – the revelation of G-d’s laws, as

expressed in the Ten Commandments – began.60

Rashi therefore also includes the word “ascend”

in his heading because that highlights the

intent of the entire passage, that Moshe ascended

to G-d. Similarly, the subsequent verses mention

the theme of ascent, as the passage continues,61

“Moshe, Aharon, Nadav, Avihu, and 70 of the elders

of Israel ascended and they had a vision of the

G-d of Israel.” Similarly, the following passage

states, “And G-d said to Moshe, ‘Ascend the mountain

to Me…’ and Moshe ascended….”

This is the second objective of the Giving of

the Torah: that through establishing a covenant,

the Jews will ascend and bond with G-d – as indicated

by the verse,62 “You shall be a treasure to

Me” – connecting and elevating themselves to G-d,

thereby lifting themselves above the natural order.

Continuing the Sequence

6. According to the above explanations of the

order of the Torah readings that describe the Giving

of the Torah, it is also possible to explain the

order of the subsequent Torah readings. According

to Rashi’s commentary,63 G-d’s commands to build

the Sanctuary – as related in the Torah readings of

Terumah, Tetzaveh, and the beginning of Ki Sissa

– were communicated after the Sin of the Golden

Calf, but written earlier in the Torah, following the

general principle,11 “There is no sequence of earlier

and later events in the Torah.” As explained above,64

there must be a reason why the Torah deviates from

the proper chronological sequence. Why, then, does

the Torah relate G-d’s command to build the Sanctuary

before the Sin of the Golden Calf when the

actual command to do so came afterwards?

The question can be resolved based on the above

explanations. As Rashi states at the beginning of

this week’s Torah reading, the conclusion of Parshas

Yisro shares a connection with the beginning

of Parshas Mishpatim. Similarly, the Torah seeks

to juxtapose the Torah readings communicating

G-d’s commands to build the Sanctuary with the

conclusion of this Torah reading65 because they

both emphasize the second theme of the Giving of

the Torah, as reflected in the verse, “And to Moshe,

He said, ‘Ascend to G-d...’ ” The conclusion and the

consummation of this dimension of the Giving of

the Torah – the covenant and the bond between the

Jews and G-d – was brought about through building66

the Sanctuary,67 as reflected in the verse,68

“They shall make a Sanctuary for Me and I will dwell

among them.”69

A Spiritual Turning Point

7. To explain the inner dimension of the above

concepts: The Midrash70 relates that the Giving of

the Torah brought about two innovations:

a) The upper realms descended to the lower

realms; “G-d descended on Mount Sinai…,”71 i.e.,

there was a revelation of G-dliness from Above.

b) The lower realms ascended to the higher realms;

“And to Moshe, He said, ‘Ascend to G-d…,’ ”3 i.e.,

lowly beings of this material realm would begin elevating

themselves to the spiritual.

This represents the difference between the two Torah

readings describing the Giving of the Torah, Parshas

Yisro and Parshas Mishpatim. Parshas Yisro primarily

describes the Giving of the Torah as associated with

the descent of the higher realms, “G-d descended on

Mount Sinai…,” and “G-d spoke…,” giving the Ten

Commandments.

Parshas Mishpatim, by contrast, focuses primarily on

the aspects of the Giving of the Torah that relate to the

Jews as they exist in the lower realms. It mentions that

Moshe was commanded, “Ascend to G-d…,”72 and that

the Jews made a commitment to accept the Torah, by saying,

44 “We will do and we will listen,” promising “We will

do” before “we will listen,”73 and also building the altar,

offering the sacrifices,74 and establishing of the covenant.

To highlight the difference between these two dimensions

of the Giving of the Torah: The awesome revelation

from Above that occurred at the Giving of the Torah

– that was accompanied by the descent of the Throne

of Glory (G-d’s chariot), and the Jews’ hearing the Ten

Commandments from the mouth of the Almighty – was

temporary. By contrast, the ascent of the lower realms

(the Jewish people) achieved at the Giving of the Torah –

i.e., that the Jews became servants of G-d and

were uplifted – is eternal. Since this was achieved

through the actions of people on the lower realms

themselves, it was eternally ingrained within the inner

dimension of their being.

The latter point also explains the connection between

the passages relating the commands to build

the Sanctuary and the second dimension of the Giving

of the Torah, the command, “And to Moshe, He

said, ‘Ascend to G-d...” The new dimension characterizing

the manifestation of the Divine presence in

the Sanctuary that differed from the manifestation

of the Divine presence at the Giving of the Torah

has been clarified at length on a different occasion

as follows:75

The manifestation of the Divine presence in

the Sanctuary resulted from the Jews’ efforts in

response to the command, “They shall make a Sanctuary

for Me….”76 As a result, the holiness was

permanently vested in the very physical substance

of the Sanctuary. By contrast, after the Giving of the

Torah, Mount Sinai returned to its previous state;

the holiness did not remain. Accordingly, G-d said,

“After the sounding of the ram’s horn” – interpreted

by Rashi as the sign of the withdrawal of the Divine

presence – “they may ascend the mountain.”77

The construction of the Sanctuary thus continues

the motif of the lower realms ascending to the

higher realms that began at the Giving of the Torah.

The consummation of this dimension of the Giving

of the Torah augments the revelation of G-dliness

from Above, enabling the manifestation of the

Divine presence – achieved through the Jews’ fulfillment

of the command, “They shall make a Sanctuary

for Me…” – to be permanent and eternal.78

From: https://www.chabad.org/therebbe/article_cdo/aid/4743717/jewish/Mishpatim-Two-Stories-of-Sinai.htm (Footnotes in the link)