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MishpatimPublished: 18/Feb/09 |
Parshat Mishpatim
Coercive Freedom
Rabbi David Marcus, Efrat
This Shabbat we will read about one of the greatest moments in the history of Am Yisrael, the moment when the whole nation said in a single clear voice: “Naaseh VeNishma”.
We all learned the famous Midrash on how Hashem went to all the nations offering them the Torah first. But each nation questioned Hashem about the content of the Torah, only to hear that there favorite pastime is prohibited! Yishmael could no longer steal, Eisav couldn’t murder, and so on and so on. SO they all turned Hashem down. Only Am Yisrael accepted the Torah with out reservation and without condition.
The truth is that this Midrash is difficult to accept in light of the chain of events as they appear to transpire. If we read the parshiyot in order, Naaseh VeNishma wasn’t said until long after Matan Torah! Even if we accept Rash”i’s reorganization of the order, the Torah describes to us the writing of the Sefer Habrit by Moshe and the reading of the sefer to all of Bnei Yisrael before they said Naaseh VeNishma. The Mechilta DeRashb”i makes things even more difficult when he describes Moshe’s actions with the sprinkling of the blood on Am Yisrael, as an ultimatum, as if to say; “you see this sword and what I just did to these animals? Well unless you accept the rules of the Torah, I will do the same to you”…
This reminds us of the famous Midrash of ‘Kofa Aleihem Har Kegigit” - on the basis of the pasuk “VeYaamdu Tachat Hahar” the Midrash understands that they were literary under the mountain. They were told in simple terms, either you accept the laws of Hashem or there will be your end…
There are so many opinions in Chaza”l to try to contend with the terrible contradiction between the Midrash and the basic principle of ‘Free Will’. What is clear is that the Midrashim of Naaseh VeNishma and ‘Kofa Aleihem Har Kegigit” have a hard time getting along…
The order of events here is very confusing. Basically, we know that Am Yisrael arrived at the Midbar on Rosh Chodesh Sivan. We also know that Moshe returned from his 40 day and night trip on the seventeenth of Tamuz, the day of Chet Haegel. Every thing else seems to be up for grabs… We don’t even know when Matan Torah actually occurred! There is a well known dispute in Masechet Shabbat between Rebbe Yossi Ben Yehuda and Chachomim about the order of days, while Chachomim say Matan Torah was on the sixth of Sivan, Rebbe Yossi was in the opinion that Moshe added an extra day by himself to the three days of restriction, arguing that when Hashem said “VeKidashtam Hayom Umachar” he meant not today as in right now, after all this day is half way done. He must have meant ‘today’ as in ‘like today’, thus Matan Torah didn’t take place until the Seventh of Sivan. Curiously, you would think everyone would agree with Chachomim especially since we celebrate Shavout on the sixth. But, no, most opinions hold that Rabbi Yossie was correct! My question is a simple one: Why didn’t Moshe simply ask for an explanation?? Well, perhaps there is a good reason for that.
The explanation lies in a very difficult Pasuk in last weeks Parasha. Hashem sent Moshe to tell Am Yisrael that we will be an Am Segula and a Mamlechet Kohanim and the people respond for the first time in a single voice: “Kol Hadevarim Asher Diber Hashem Naaseh” So Moshe goes back to Hashem: “VaYashev Moshe et Divrei Haam el Hashem, Vayomer Hashem eilav, Hine ani ba eilecha Beav Heanan Verau ham Vegam Beca Yaaminu Leolam”
Up till here it is fine, but then the Pasuk adds: “Veyaged Moshe et Divei Haam el Hashem” What’s going on? What did he tell him the second time that he didn’t cover in the first? And what is the connection to the psukim that follow were Moshe is ordered to prepare for the three days?
The Likutei Mohara”n has a beautiful explanation that sheds light on all our previous questions. He explains that the people were very aware of the importance of ‘Free Will’, they were willing to accept the Torah, even without hearing the content first, or perhaps, specifically without hearing the content first. They present Moshe with avery strong argument: “Kol Hadevarim Asher Diber Hashem Naaseh” – anything we heard from Hashem – we will do, not because we want to but because we HAVE to! If Hashem told us, we have to do it, than what choice do we have? Of course we HAVE to do it. You took away our ‘Free Will”!
So Moshe goes back to Hashem and presents the argument of the Am. Hashem agrees and has the perfect solution – “Verau ham Vegam Beca Yaaminu Leolam”! The Am will have to believe in you – have Emunat Chachomim out of free choice! This is the essence of Free Will.
Moshe is glad, but still has one big problem, so he repeats the words of the Am. His problem is simple- what about me? Where is my free will?? I don’t have a choice either?!
To that Hashem answers: “Vekidashtam Hayom Umachar” – Moshe gets to choose when Matan Torah is going to take place. Hashem is ready on the sixth of Sivan, but Moshe exercises his Free Will and says – No, it will wait until tomorrow! And if it wasn’t for this choice that Moshe made, says the Likutei Mohara”n, Moshe would have been unable to receive the Torah! Adds the Bet Halevi, now we can understand why we celebrate Shavout on the sixth of Sivan, because we celebrate the concept of “Lo Bashamayim He”, Torah was given to us and we accepted it with free will. Now it is our responsibility to follow the rules.
“Naaseh VeNishma” was a lot more than just a nice declaration of blind faith. It was a declaration of true free will to follow the laws of the Torah from generation to generation according to what Chachomim will teach us Bechol Dor Vador.
May Hashem continue to bless us with the strength to accept this burden that is placed on our shoulders today and in the generations to come – with love and with faith!
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World Mizrachi Heritage Tour #8 – India
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RZLA Yom HaAtzmaut Shabbaton
In honor of the 61st celebration of Yom HaAtzmaut, the RZLA are hosting a Shabbaton featuring outstanding Religious Zionist rabbinic leaders from Israel (Rabbis Aaron Adler, Motti Elon, Seth Farber, Benny Lau and Shlomo Riskin). The Shabbaton, to be held on April 24-25 2009, promises to be a wonderful event. For more information, contact Steve Berger on 310-274-6657.
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Refuah Sheleimah– World Mizrachi wishes a Refuah Sheleimah to Rabbi Mordechai Eliyahu Shlita, Mordechai Tzemach Ben Mazal Tov (Former Chief Rabbi of Israel.)
Israelat 60 Greeting Cards
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Sefer Torah Dedication
World Mizrachi is writing a Sefer Torah to honor its long-time World Chairman Mr. Kurt Rothschild, who has dedicated his life to Eretz Yisrael, Am Yisrael & Torat Yisrael. We invite you to join us in this endeavor. Full details available at: www.mizrachi.org
Book of the Month
From the Book of the Month club – proudly brought to you by World Mizrachi & Urim Publications:
For the Love of Israel and the Jewish People: Essays and Studies on Israel, Jews and Judaism: http://www.urimpublications.com/Merchant2/merchant.mv?Screen=PROD&Store_Code=UP&Product_Code=LoveOfIsrael&Category_Code=aaa
Covenantal Imperatives: Essays by Walter S Wurzburger on Jewish Law, Thought and Community:
