ON THE THIRD

DAY, AS MORNING DAWNED, THERE WAS THUNDER, AND LIGHTENING, AND A DENSE CLOUD

UPON THE MOUNTAIN,

 AND A VERY LOUD BLAST OF THE HORN;

 AND ALL THE PEOPLE WHO WERE IN THE CAMP

TREMBLED.

MOSHE LED THE

PEOPLE OUT OF THE CAMP TOWARD GOD,

AND THEY TOOK

THEIR PLACES AT THE FOOT OF THE MOUNTAIN

(Bemidbar 19:16-17)

Acceptance of the Torah by Coercion v.s. Acceptance By Free

Choice

"AND

THEY STOOD BENEATH THE MOUNTAIN"

"Said Rabbi Chanina bar

Chama bar Chassa: – This teaches us that the Holy One, Blessed Be he, suspended

the mountain over them as though it were a tank".

(Bavli,

Shabbat 88a)

… It is important to reiterate

and stress that the religious decision does not result from events, but derives

from man's judgment and decision. In this context it is proper that we return

to the Rambam as he deals with an issue which is ostensibly a purely halachic

ruling, but which has deep ideological significance.

In "The

Responsa of the Rambam" (ed. Freiman, Chap 30), the Rambam is asked

regarding the wording of the conclusion of the Blessings over the Torah…

should it be "Blessed are you, O Lord, who gives the Torah" or

perhaps "Who teaches Torah to His people Israel"? It should be

mentioned that both phrases are found in our daily prayer book, in the

"Blessings of Dawn", but the version "who gives Torah" is

also the accepted benediction recited by one who is called up to the Torah.

Rambam responds and

rules that the correct version is "who gives Torah"; he rejects

"who teaches the Torah to his people Israel", emphasizing:

"Inasmuch

as the ending "who gives the Torah" is the essence of the

benediction, for its substance is that He charged us with its reading."

It

should be understood that for the Rambam, "its reading" means

"its study", and this, too, is the meaning of 'its being given.' The

giver of Torah gave us the Torah so that it be studied. Rambam adds:

"This

is the substance of the benediction, to beseech assistance in its study, and

whoever concludes with "He who teaches Torah" sins (variant

reading errs"), because God does not teach us, He commanded us to

study it and to teach it. This is based upon a primary principle of the Torah –

that observance of the mitzvot is in our hands; we are not forced to perform

them by God."

The importance of the giving of

the Torah to the Jewish people lies not in what is described in the famous

Aggadic embellishment: 'The Holy One, Blessed Be He, suspended over them a

mountain as if it were a tank", but rather in Israel's accepting the Torah

of their own accord, and this is not what happened at the Revelation at Sinai,

which was acceptance by compulsion – which did not succeed.

This story

represents a great devaluation of the significance of faith, if men wish to

base it upon revelation and miracles and wonders, and they ignore the fact that

there can be no true faith unless it comes from within man's self.

 (Y. Leibowitz: Seven Years of Discussion

of the Weekly Parasha, pp. 300-301)

   To Shelomi and Avital,

with love –

  on the occasion of your marriage

THE RAMBAM'S

RATIONALE OF THE MITZVOT

Gavriel Birenbaum

Long

ago, – before the 9^th century – it was customary on the holiday of

Shavuot to recite the poem called "Azharot" –"Words

of Warning", in which the 913 mitzvot of the Torah are detailed. It is,

then, quite in place at this time, at the approach of Shavuot, to examine the

rationale for mitzvot.

It

is reasonable that the search for the reason for the observance of davka

these commandments, and davka in

this particular way, should have

engaged mitzvah observers from the time from the moment that mitzvott were

given to the people of Israel. The person who believes in a God who commands

wants to understand why he is so commanded, and how these acts leads to greater

closeness to the Lord.

Our Sages pondered the rationale for

mitzvot at length and in great depth. However, they did not, in keeping with

their usual fashion, present their thoughts systematically. Our thinkers of the

Middle Ages, such as Rasag, Rabbi Yehudah Halevey, and Rabbi Behayey ibn

Pakudah, expanded and deepened thought on the subject.

In this area – as in others –

the Rambam's approach is exceptional in its originality and its audacity.

The

reasons behind "You shall not kill" and "You shall not

steal" appear to be self-evident, and "even if they were not written,

reason would have determined that they be written" (as per Chazal in

Sifra, Acharie Mot 9, 13, and elsewhere); the reason for others, such as

Shabbat and Mezuzzah, are presented by the Torah itself. The main topic for

speculation and discussion throughout the ages are those mitzvot termed

"Hukkim" [mitzvot seemingly without rationale].

Well-known

is the midrash Chazal quoted by Rashi in his explication of the words "This

is the hukkah of the torah" (Bemidbar 19:2):

"Because

Satan and the nations of the world pester Israel, saying, What is this mitzvah,

and what reason is there to it, therefore is it written hukkah, it is a

divine decree, you have no permission to question it."

Many sought to deduce from this that there

exists no logical reason behind these mitzvot. On the contrary, the greatness

of the believer lies in his fulfilling them as arbitrary orders of the Lord.

The Rambam forcefully contests this approach, maintaining that it perverts

Chazal's intention:

"The

majority of Sages do not believe that these are things without any reason, and

that no purpose is to be sought… the majority of sages believe that they must

have a rationale, i.e., some beneficial goal, but that it is hidden from us,

either because our intelligence is inadequate, or because our knowledge is

deficient." (Guide for the Perplexed III, 26)     

The

mitzvot of the Torah have two overall goals: proper functioning of the soul

and proper functioning of the body. Proper functioning of the body does not

consist only of the body's health and physical strength – "For a person

cannot imagine a concept even if it is explained to him – all the more so he

cannot arrive at it with his own powers – when he suffers pain or hunger or

thirst or heat or extreme cold" (Ibid., 27) – but also of proper functioning

of his social and political condition. Proper functioning of the body in this

wide sense is the sine qua non for proper functioning of the soul:

"So that the masses understand correct ideas according to their ability…

And the second perfection is… that man know – to the best of his ability –

all that there is to know about everything found [in the world]… It is clear

that this latter perfection is not a matter of action or attributes, but of

ideas alone" (Ibid.) This, of course, is the recognition of God, which is

the goal of all.

The

Rambam proceeds to show how each one of the 913 mitzvot prepares man for

one of these two overall goals.

It

is quite simple to understand how mitzvot such as erection of a fence on the

roof, gifts to the poor, and even the mitzvah of appointing a king lead to

"proper function of the body" according to the Rambam's extensive

definition. But for what goal is man prepared by observance of mitzvot which

prohibit meat-in-milk, shaatnez [mixture of wool and flax], sowing mixed

species, and removal of the beard?

The

Rambam's answer: All these are intended to eradicate idolatry from our

midst.

Rambam

, who constantly stresses the divinity and eternity of the Torah, was ahead of

his times: Centuries before the importance of researching the ancient East was

recognized, he argued that prohibitions of this sort can be understood only

against the background of the pagan practices of the Biblical period. To this

end, the Rambam – as he himself testifies – delved into the pagan literature of

that period. His conclusion: Most of the unexplained prohibitions enumerated

above were forbidden because such practices were part of the effort of ancient

idolaters to propitiate the gods, believing that they thereby bring blessings

upon themselves, and prevent curses. Therefore the Torah forbade such rituals,

and sometimes even commanded to do the opposite, and davka thus shall

the blessings be showered upon the observers.

Here a few examples:

"The

shaving of the corners of the head and the corners of the beard were forbidden

because this was the fashion of pagan priests. This is also the reason for the

prohibition against shaatnez, for such was the fashion of the priests.

They used to combine vegetable and animal in their garb, and a seal made of one

of the metals was on their hand [all as part of the magic ritual]. You find all

this expressly described in their books…

One

of the beliefs – well-known in those days and preserved in the Zaabaya – was

that when one grafts one kind of tree onto another, and they do it on a special

time, and they burn incense of a certain kind, and they recite some special

incantation while grafting, from out of this graft will grow something which

will bring – so they claim – tremendous benefit. Therefore kil'ayim

– grafting one species on to another – was forbidden. (Ibid., 37)

In

fact, study of the beliefs and rituals of the ancient East corroborates the

spirit of Rambam's hypotheses. An especially interesting case in point is the

ban against cooking a goat in its mother's milk. The Rambam

surmised that the cooking of meat in milk was part of a pagan holiday ritual,

and the Torah comes to protest it and to root it out: "In my opinion, this

is the most reasonable explanation for the ban, although I have not found it

mentioned in the books of the Zaabaya which I read" (ibid., 48). Two modern researchers,

Ginzburg and Cassuto, thought they uncovered documentation of such a ritual in

Ugaritic texts, arousing much interest. Later researchers considered the

documentation inconclusive, but proof may yet be discovered.

The

Torah did not try to totally deracinate every pagan practice. God knew that the

nation, which had left a pagan environment, during a pagan era, could not

totally discard the rituals they were used to:

"For in those days this was

unimaginable [to erase those rituals] for it would not be in keeping of man who

is most at ease with that which he used to… therefore the Almight did not

eliminate these forms of worship [=sacrifices and other temple rituals] but

navigated them from the service of things created and imaginary entities, which

have no real essence, to the service of His Name, commanding them to perform

for Him."

The

question is asked: Does there not exist a danger of relativization of the

mitzvot? After idolatry had already ceased to exist among the Jewish people

(at least in the forms then prevalent), are not all the prohibitions

superfluous? The Rambam thought not. The rationales were given to help

understand the ways of He who commanded, to let us know that they are not

arbitrary but are the fruits of His elevated wisdom. But, as regards he who is

commanded, the mitzvot are only an expression of the service of God. "Know

that all these acts of the divine service – such as the reading of the Torah,

prayer, an performance of the other mitzvot – have as their goal your

accustoming yourself to engage in His commandments; do not engage in matters of

this world; be engaged with the Almighty and with no other." (Ibid.,

51, "Note")

Yeshaaya

Leibowitz explains:

'All rationales of the mitzvot are, as it

were, totally erased, and in the three opening sentences [of the above 'note']

the Rambam transports us to a different plane, in which all the rationales of

which we read until now become irrelevant. In his opinion, one who is in need

of explanations in order to observe any mitzvah is on the place of service of

God not for its own sake, and it was on this level that the Rambam offered all

the explanations we have described. But when man reaches the recognition of the

truth, he understands that "engaged with Him" – means: Observnce of

the mitzvot not because of humanly comprehended rationale, but because they are

God's commandments – this, and this alone, is the goal.

And purify our hearts to serve you in truth.

Dr. Gavriel

Birenbaum lectures on Hebrew Language in Bar-Ilan University.

"The Scroll

of Ruth" and "Parashat Nasso"

The Scroll of Ruth

is "the parasha of the gerim [converts]and the parasha of gerut [conversion]"-

not only conceptually, but also halachically; the laws of conversion are

derived from the story of Ruth the Moabite. This is the reasion that the Ruth

scroll is read in Jewish congregations on Shavuot, the occasion of the giving

of the Torah, when those rightous converts who accepted upon themsleves the

Torah and its mitzvot, became part of the Israelite community.

This is a leap

year, and connections may be found between the Scroll of Ruth and the reading

of Nasso on the Shabbat following Shavuot.

Among the many

subjects included in sidrat 'Nasso' we find the short chapter dealing with

"asham g'zelot' [=guilt offering for wrongdoing

against persons and then swearing falsely]. There it says: "And if the

man has no redeemer [=kinsman] to make restitution of guilt payment to

him…" (Bemidbar 5:8)

In this case, the

Torah orders the sinning thief who is repenting to transfer the "asham"

(i.e., the fifth added on the the principle value of the stolen object) to the

priest. The question is asked, how is it possible that a Jew should have no

redeemer! Even if we were to say that he has no close relatives, there must be

in his tirbe kinsmen and redeemers… from all the above we must conclude that

the subject of "has no redeemer" is none other than the

convert, who, upon conversion, severs all ties with his bilogical family, and

now he is a Jew without a reddmer. This parasha has generated much thought and

also halacha on the subject of gerim and conversion, and the subject of

conversion leads to the subject of the righteous of all nations and races,

those referred to [in Hallel] as "Yir'ey Hashem" – "Those

who fear God."

"Any sin

committed by humans – Refers to

Stealing from the Ger

"And God said to Moshe, as follows: Speak uonto the children of

Israel, a man or a woman – when they do any sin

committed by humans" (Bemidbar 5:6) Why

was this parasha written? Because it is written: "A person – when one

of his being proven guilty (Vayikra

5:21-24) but regarding stealing from the ger we do

not find the Torah commanding "Speak to the Children of Israel: A man or

woman who does any sin committed by humans" – therefore the Torah comes to

teach us that one who steals from the ger, and

swears to him (falsely), must pay the principle and a fifth to the priests and

an asham offering for the altar.

(Sifri Nasso, Piska 2)

"And will give you peace":

with all men.                                                  

(Sifri, Nasso, 32)

External and Inner Peace: Juxtaposition in Parashat Nasso.

It appears that this parasha was placed here in order to remove

evil from the camp, which might lead to quarrel and altercation; [the

purpose is to ensure] that man be wary of holding his fellow's property

illegally, and he should not depend upon the weakness of the other, who has no

redeemer.

… Therefore this parasha (Sotah) is adjeccent to the preceding parasha,

its purpose being to eliminate controversy and dispute from

the home , and peace of the home precedes peace iof the

nation.

… And the Parasha of the Nazir is adjacent to to that of the Sotah –

the purpose of which was to remove conflict in the home. Its purpose is to to

pacify contention and loss from man himself, lest his physical desires lead him

to sin…

After having mentioned that which will lead to the eradication of man's

inner wars, and will remove quarrel and fights from the home and from the

nation in general, the Torah, in this parasha, talks about the Priestly

Benediction, which illuminates with wondrous light the matter of wholeness and

true peace."

(From

Ralbag's commentary, quoted by Prof. Nechama Leibowitz, in "Studies in the

Book of Vayikra, pp. 45-46)

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