Moses told his father in law [about] all that the Lord had done to Pharaoh and to the Egyptians on account of Israel, [and about] all the hardships that had befallen them on the way, and [that] the Lord had saved them. (Shemot 18:8)

 

Moses told his father-in-law: to attract his heart, to draw him near to the Torah (Mekhilta).

(Rashi Shemot 18:8)

 

For if otherwise, why did he tell him? [After all,] he had already heard all about it, as it is written: And Yitro heard.

(Siftei Hakhamim ad loc)

 

Moses told his father-in-law... it is questionable what new thing Moses told his father-in-law, since he already knew everything he [Moses] told him before he travelled from his land - that was why he came to the wilderness, for it says, And Yitro heard and also Blessed be the Lord Who saved, etc. But why didn't he bless the Lord back in his own country when he heard everything that God had done for Moses?...

The answer is that when in his land, Yitro only heard about what God did for Moses and Israel when the Lord took Israel out of Egypt. That is why he said, that the Lord had taken out. The Lord did two things when He took them out of Egypt: first, He killed their [the Egyptian] firstborn, and second, He drowned them in the sea. Both of these seemed unfair, since it would have been sufficient to take Israel out of Egypt without doing it [Egypt] harm. He [Yitro] was also troubled by a contradiction: he saw God's great power, that He killed the firstborn, and even more so that He transformed the sea into dry land and then drowned them. All of this indicates great power and much strength, but someone who has great power does not commit injustice, since people commit injustice when they lack the power to do what they wish and yet they seek to govern. Yitro came [to Moses] in order to understand this. Our Rabbi Moses answered both questions, and said: Moses told his father in law [about] all that the Lord had done to Pharaoh and to the Egyptians on account of Israel. With that he answered the first problem, [saying] that Israel is His first born son, and the Holy One, blessed be He, said to Pharaoh: My firstborn son is Israel... but if you refuse to send him out, behold, I am going to slay your firstborn son, and since he [Pharaoh] did not send them out, He killed their firstborn. He [Moses] further said [to Yitro]: all the hardships that had befallen them on the way, thus answering the second issue, i.e., why He drowned them in the sea. [His answer was] that Pharaoh set out to kill Israel or to drown them in the sea, and that was why the Holy One blessed be He drowned them [the Egyptians]. Then Yitro rejoiced having understood that the Holy One, blessed be He, had acted properly in both instances, since previously he had been sad. And then he said: Blessed be the Lord who saved you; previously he offered no blessing, for he said [to himself] that someone who commits injustice does not deserve to be blessed, but now his doubts had been resolved.

(R. Yitzhak Karo - 1517 - Toldot Yitzhak, Shemot 18:8).

 

The Torah that You give... what is written in it?

Itay Marienberg-Milikovski

The revelation at Mount Sinai is described from the Israelites' viewpoint. They sanctified themselves, they experienced the sounds, the lightning and the smoke on the mountain, and they watched Moses as he drew near to the opaque darkness, where God was (Shemot 20:18). The Torah does not widen its field of view beyond the people's encampment and it does not tell us anything about how the other nations reacted to the dramatic event. Quite to the contrary, in the preamble to the revelation at Mount Sinai the Torah seems to link the Exodus from Egypt, the revelation, and observance of the commandments with the special relationship between Israel and God:

You have seen what I did to the Egyptians, and [how] I bore you on eagles' wings, and I brought you to Me. And now, if you obey Me and keep My covenant, you shall be to Me a treasure out of all peoples, for Mine is the entire earth. And you shall be to Me a kingdom of princes and a holy nation... (Shemot 19:4-6)

Many have already pointed out that some voices among the Sages offer a different, more universal point of view emphasizing the idea that the Torah was originally given to all of humanity. Obviously, the difference between these two points of view uncovers different stances regarding the nature of desirable relations between Israel, the nations of the world, and God. It is perhaps less obvious that this difference also reveals different images of the Torah and of its significance for the generations. It is in this spirit that I will now try to place a well-known Talmudic aggadah in a new light. The aggadah in question does not appear to say anything relevant to our discussion; it describes the angels' opposition to God's giving the Torah to Moses (b. Shabbat 88b-89a).

...R. Yehoshu ben Levi also said: When Moses ascended on high, the ministering angels spoke before the Holy One, blessed be He, "Sovereign of the Universe! What business has one born of woman amongst us?" "He has come to receive the Torah," answered He to them. Said they to Him, "That secret treasure, which has been hidden by You for nine hundred and seventy-four generations before the world was created, You desire to give to flesh and blood! What is man, that you are mindful of him, And the son of man, that you visit him? (Psalms 8:5) O Lord our God, How excellent is your name in all the earth! Who has set your glory [the Torah] upon the Heavens! (Psalms 8:2). "Return them an answer," bade the Holy One, blessed be He, to Moses. "Sovereign of the Universe" replied he, "I fear lest they consume me with the [fiery] breath of their mouths." "Hold on to the Throne of Glory," said He to him, "and return them an answer"... . He [then] spoke before Him: "Sovereign of the Universe! The Torah which You give me, what is written therein? I am the Lord thy God, who brought you out of the Land of Egypt (Shemot 20:2)." Said he to them [the angels], "Did you go down to Egypt? Were you enslaved to Pharaoh? Why then should the Torah be yours? Again, what is written therein? You shall have none other gods (ibid). Do you dwell among peoples that engage in idol worship? Again what is written therein? Remember the Sabbath day, to keep it holy (20:7). Do you then perform work that you need to rest? Again what is written therein? You shall not take [tissa] [the name ... in vain] (20:6). Are there any business [massa] dealings among you? Again what is written therein, Honor your father and your mother (20:11); have you fathers and mothers? Again what is written therein? You shall not murder. Thou shall not commit adultery. You shall not steal (20:12). Is there jealousy among you; is the evil inclination among you?" Straightway they conceded to the Holy One, blessed be He, for it is said, O Lord our God, How excellent is your name in all the earth! whereas Who has set your glory upon the heavens is not written. Immediately each one was moved to love him [Moses] and transmitted something to him, for it is said, You have ascended on high, you hast taken spoils [the Torah]; you have received gifts on account of man (Psalms 68:19); as a recompense for their calling you man [adam] you received gifts. (Based on Soncino translation)

The action of this beautiful aggadah takes place in the implicit exegetical space between the two verses which frame chapter eight of Psalms. If the psalm begins by describing how God is praised on both heaven and earth, O Lord our God, How excellent is your name in all the earth! Who has set your glory upon the Heavens! (8:2) - it is difficult to understand why the heavens disappear when that proclamation is repeated at the end of the chapter: O Lord our God, How excellent is your name in all the earth! (8:10). The darshan places these verses in the mouths of the angels and lends the strain between the two verses a graphic representation. R. Yehoshua ben Levi tells us that when Moses ascended on high, the angels complained about the idea that the Torah of God, whose glory is upon heaven, would descend with Moses back to earth, as the first verse implies. Only after Moses sets out his arguments in favor of the Torah's descent do the angels agree to its being necessary - as is witnessed by the final verse.

R. Yehoshua's story was not created ex nihilo. By paying attention to his language, to his use of biblical quotations, and, of course, to the ideas he appears to be expressing, we can uncover his possible sources and locate the echoes - both manifest and muffled - of his story in other stories. Take, for example, the angels' opposition to the Torah being given to "one born of woman," which seems to be a "rerun" of their opposition to the very creation of man as this is described in several places (Bereishit Rabbah 88; b. Sanhedrin 38b; etc. But compare them with Tosefta Sotah 6:5). As usual, the angels are wary of God having too close a relationship with humans; they prefer to set up a clear boundary between heaven and earth, but time after time they come out of these stories at a disadvantage.

It would seem more interesting, however, to consider the links between the Amoraic story of Moses' argument with the angels to the well known Tannaitic aggadah which relates God's trek among the nations on the eve of the giving of the Torah. It was only after the nations refused to accept the Torah that God turned to Israel and gave it to them (see Mekhilta DeRabbi Yishmael Massekhta DeBaHodesh 5; Sifrei Devarim 343).

Both aggadot describe what happened just before the biblical story begins; they both express deep misgivings regarding the giving of the Torah, and they both treat the same question: who is worthy of receiving it? It is instructive to note that they share a common structure: in each story God is asked what is written in His Torah - "What is written therein?" - and His answer (or, in the case of the Amoraic aggadah, the answer given by Moses "in His name") is always taken from the same Ten Commandments, which themselves become a "proof" favoring one of the parties to the dispute. A quick glance, however, is sufficient to reveal how great the difference is between the two stories:

...He revealed Himself to the Children of Esau and said to them: "Will you accept My Torah?" They said to Him: "What is written therein?" He told them: Do not murder (Shemot 20:12). They said to Him: But that is the heritage we inherited for it is said, and by your sword you shall live (Bereishit 27:40). He revealed Himself to the Ammonites and said to them: "Will you accept My Torah?" They said to Him: "What is written therein?" He told them: Do not commit adultery [or, more generally, do not engage in forbidden sex] (Shemot 20:12). They said to Him: "But we all are the product of forbidden sex, for it is written: and Lot's two daughters became pregnant from their father (Bereishit 19:36) - how can we accept it? He revealed Himself to the Ishmaelites and said to them: "Will you accept My Torah?" They said to Him: "What is written therein?" He told them: Do not steal (Shemot 20:12). They said to Him: "But that is the blessing with which our father was blessed, for it is written, He will be a wild-ass of a man (Bereishit 16:12), and it is written, for I was stolen (Bereishit 40:15). And when He came by Israel... they all opened their mouths and said: All that the Lord spoke we will do and we will hear (Shemot 24:7)... (Mekhilta DeRabbi Yishmael ad loc)

According to this aggadah, the nations could not accept the Torah because the Torah undermines the very foundations of their existence: the Torah can have nothing to do with someone who lives a life of theft, adultery, and murder. The Torah is given to Israel not merely because they jumped up and said, All that the Lord spoke we will do and we will hear. Rather, it was also simply because they were not awash in all the evils against which the Torah warns us. In contrast to this, in the dialogue between Moses and the angels quoted above, we read: "Again what is written therein? You shall not murder. Thou shall not commit adultery. You shall not steal (20:12). Is there jealousy among you; is the evil inclination among you?" It ends up that the Torah will also have nothing to do with those who are absolutely pure and free of theft, adultery, and murder. It cannot help them. Furthermore: The peculiar nature of Moses' arguments teaches us that while he was specifically Israel's emissary ("Did you go down to Egypt?...Were you enslaved to Pharaoh?...Do you dwell among peoples that engage in idol worship?") his speech is principally concerned with the essence and nature of humanity in general; jealousy, the evil inclination, work, and engagement in business are the most basic raw materials of human existence.

Each of the aggadot uses the same exact language to set up confrontations between two different groups who compete for the reception of the Torah. While the earlier Tannaitic aggadah pits Israel against the nations, the later Amoraic aggadah describes a competition between human beings - not just Israel, but all human beings - and the angels. According to the first aggadah, there are people - not from Israel, God forbid - who are naturally sinful and thus incapable of complying with the Torah's strict requirements. According to the second aggadah, and in contrast to the first, the Torah is meant for all human beings and for exactly the same reason: because, as human beings, they are naturally sinful, whether they belong to the covenant or not. The angels themselves already concede this point to Moses by saying: O Lord our God, How excellent is your name in all the earth! (Psalms 8:10)

Itay Marienberg-Milikovski is married and father to a son. He studied and taught at Yeshivat HaKibbutz HaDati Ein Tzurim. Today he teaches at Kehillat Yedidya's evening beit midrash in Jerusalem and organizes its activities. He also teaches at the beit midrash at Beit Shalom Aleichem in Tel Aviv. He is pursuing an MA and serves as an assistant instructor at the Department of Hebrew Literature at the Ben Gurion University of the Negev, and is a member of the editorial board of the Hazmana LePiyut website.

A judge has only what he sees with his own eyes

It came about on the next day that Moses sat down to judge the people, and the people stood before Moses from the morning until the evening. When Moses' father in law saw what he was doing to the people, he said, "What is this thing that you are doing to the people? Why do you sit by yourself, while all the people stand before you from morning till evening?"

(Shemot 18:13-14)

 

The passage implies that Moses did not originally intend to appoint a system of national administration. Rather, he intended the people to be administered by divine inspiration as transmitted through him - the man who knew God face to face. He also attempted to execute this plan. We read that he sat from morning until evening, judging the people through the Holy Spirit within him.

Later he was to learn from his gentile father-in-law - who had drawn near to Israel - that even divinely instructed leadership required human instruments, drawn from the skills and abilities present within human beings themselves. And so human beings are appointed to administer and judge the people. They must possess very high moral qualities - men of valor, God-fearing, men of truth, who hate [ill-gotten] gain (Shemot 18:21). These are rare human qualities, but they are human qualities. It is not demanded of them to be infused with divine inspiration.

Thus, the Torah leaves administration and jurisprudence in the hands of human beings to the extent of their knowledge and understanding of God's Torah and their desire to preserve that Torah.

(Y. Leibowitz He'arot leParshiyot HaShavua pg. 50)

 

In Those days and in This Season

When the State of Israel was established, its first minister of religion, R. Yehudah Lev Maimon, z"l, wanted to reestablish the Sanhedrin. They say that when he addressed David Ben Gurion regarding this matter, the prime minister answered: "But it says that the judges of the Sanhedrin must have lofty qualities. Suppose we can find 70 people who are men of valor, and even if they are Lord-fearing and men of truth, but what about who hate monetary gain?"

To this R. Maimon replied: "These days you can get anything for money... "

 

A Treasured People - A Kingdom of Priests and a Holy Nation

You shall be treasured to Me of all the Nations - Even though the entire human race is more precious to Me than all the lowly entities, since it is the only one amongst them that possesses intention, as they said: "The human is beloved, for he was created in the [Divine] image" (Avot), in any event you will be the most treasured of all.

For all the earth is Mine - And the differences between you are a matter of gradations, since all the earth is Mine, and the righteous of the nations of the world are certainly precious to Me.

(Seforno Shemot 19:5)

 

The People Israel's uniqueness is not a matter of established fact, but rather a mission. Israel is not an entity, rather it is a function... The People Israel is not the Chosen People; rather they are commanded to be the Chosen People. What does their being chosen consist of? "Who chose us from all the nations and gave us His Torah." The People Israel has no essential uniqueness; it is unique in the demand made of it.

True, there have been those who disagree with this view because they were incapable of achieving such a lofty belief. The first to dissent from it was Korah, who proclaimed that all of the congregation is holy, that the uniqueness of the People Israel is an existing fact, that it is a holy nation in its very essence. However, just three verses before Korah's proclamation there is written, In order that you remember and perform all of My commandments and you shall be holy - you are not holy, but rather you are called upon to become holy.

(From Y. Leibowitz , Emuna, Historia, ve'Arakhim)

 

 

 

 

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