Mishpatim - The Correct Order of History

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February 03 2016
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The Correct Order of History


Chronology plays a critical role in helping to understand the flow of historical events. If the Torah is considered as a book of historical events, the way events are presented is incredibly confusing. There are times when events flatly contradict the historical chronology. Such inconsistencies are fodder for those who maintain the Torah was the invention of man as such an “old” book would be ripe for the many redactions and distortions that would emerge throughout its development. However, as the event at Sinai makes clear, the Torah is the word of God, and therefore reflects His infinite wisdom. We must ask about these deviations when they occur. However, we must accept the challenge of trying to understand the idea God is trying to convey rather than abandon the tenet of the Divine origin of the Torah.


One of the most well-known deviations in historical chronology can be found at the end of Parshat Mishpatim. The bulk of this Torah portion contains a milieu of commandments, ranging from civil law to the celebration of the three festivals to the punishment given to a sorceress. At the end of the instruction of these laws, the Torah turns to a completely different topic.


Starting with beginning of the 24th chapter, the Torah shifts tones. The first eleven verses detail a number of important occurrences. Moshe reports back to the Jewish people the “laws”, followed with their response of “we will do”. Moshe writes down that which God told him. There is a ceremony involving sacrifices, followed by the covenant of blood. Once more the Jewish people offer a famous response, this time “we will do, we will hear”. The section ends with a prophetic vision by the Jewish people.


The next section, as delineated in the Torah, begins with Moshe being commanded to climb Mount Sinai alone to receive the tablets from God. The section ends with the revelation that Moshe would be on top of Mount Sinai for forty days.


Here we see two distinct sections that have nothing to do with the previous material in the Torah portion. There are times when one can sense a thematic transition in the Torah from one part to another; this is not one of those times. The strange placement of these sections is the subject of a far-reaching argument among the commentators. Rashi, based on guidance from the Talmud, offers an approach that is quite difficult to comprehend.


He first writes about the first section (Shemot 24:1):


This section was [actually] said before the Ten Commandments [were given]”


Rashi then offers a more detailed explanation of each subsequent verse. For example, verse three mentions Moshe teaching the Jewish people the “laws”. Taking place two days prior to the Revelation at Sinai, Rashi explains that various laws were given over to the Jewish people. These included the seven Noachide laws, Shabbat, honoring one’s parents, and others that had been transmitted at the stop at Marah (see the Torah potion of Beshalach). If so, what was the book that Moshe wrote? This book was the present day Torah, from “In the beginning…” through the ongoing event at Sinai. Much of this historical trajectory is found in the Talmud; Rashi adds the details necessary to explain what took place. However, this seemingly incoherent reading of the unfolding of events raises a question. According to Rashi, when one reads from the Torah potion of Yitro, a large section of the history of the Sinai event recorded there was uprooted and moved to a postscript following the laws given in Mishpatim. True, there is an idea that the Torah is not a history book. However, such a breach in chronology surely deserved an explanation.


It only gets better. It turns out that the second section is also out of order. God commands Moshe to come up to Mount Sinai alone, receive the tablets, and remain there for forty days. Rashi (ibid 12) clarifies the date for us:


After the giving of the Torah


We have another confusing episodic disharmony at play here. Rashi is suggesting that the second section took place immediately after the event at Sinai. This would mean that this section, much like the above section, was moved from the Torah portion of Yitro to the end of Mishpatim. If so, then the actual giving of the laws contained in the Torah portion of Mishpatim took place after this conclusion to Mishpatim. Confused? Again, one can understand the premise of the Torah not being a book of history. But this re-arranging of events seems to be just impossible to appreciate.


It is challenging to try and develop an idea that encompasses of every detail presented in the above sections, as there is no apparent underlying theme. However, it is possible to develop an approach to offer some degree of insight.


The first section, according to Rashi, took place immediately prior to the event at Sinai. What might be the problem in sticking with the history and placing these verses in their “rightful” place? When we speak of the event at Sinai, we are no doubt speaking of a transformative moment for the Jewish people. This was the beginning of the receiving of the Torah, the path of ideal life for man. There was the communicative method--God speaking at some point directly to the people. There was also the establishment of Moshe as the unquestioned vehicle of the word of God. However, there was another pivotal moment, in some ways the product of all the various occurrences at Sinai. God says that the Jewish people will be “a kingdom of princes and a holy nation”. The Jewish people were going to be transformed into the nation of God through the event at Sinai. They would no longer be like any other nation. Their new status would be inculcated permanently into their makeup. This could be the reason why the first section was placed apart from its actual historical occurrence. When reading that section, we do see elements necessary in building a nation. The Jews had left Egypt together as a result of the exodus. Before receiving the Torah, there were certain preliminary laws that needed to be understood, a primer to the future system. There were covenants and ceremonies, all adding to the development of the identity of the nation. And this culminated at the event at Sinai. However, if the process of nationhood were described prior to the event at Sinai, one might think there indeed was a reality to the Jewish nation as the nation of God preceding the event at Sinai. In other words, it could be that the focus of our attention should be solely on this transformation to nation of God, sans any buildup. However, since these actions were part of the development of the nation, they were included as part of the text. Placing them in a different section tells us they are important, but that they would serve to possibly create a distortion when told in the normal order.


The second section above took place immediately after the Divine Revelation. Yet, according to Rashi, it was positioned after the laws described in the Torah portion of Mishpatim. This shift could also be avoiding a potential distortion. When reading through the event at Sinai, it is easy for someone to conclude that the Ten Commandments assume a greater significance than other parts of the Torah; after all, they occupy the central moment of communication between God and the Jewish people. However, it is critical to understand that there is no greater quality to one section of laws over another. Moshe was to return to receive the rest of the Torah over a forty day period of time. Had this been recorded immediately after the event at Sinai, one might consider that the Torah was really a two-tier system. The Ten Commandments would occupy a qualitatively disproportionate position relative to the rest of the Torah. This does not mean the Ten Commandments are not to be viewed as being unique. According to many commentators, they serve as the categorical bedrock for the rest of the commandments. However, this does not mean that everything given after the Ten Commandments occupies a lower perch. Therefore, the Torah moves the command to return to Sinai to after a large contingent of multi-faceted commandments was given to the Jewish people, as if demonstrating that all the laws are equal. Upon reading the Torah in its current order, one would be able to relate to the importance of the Ten Commandments in the appropriate framework.


We therefore see two rational explanations for this clear breach in the normative method of presenting historical accounts. The Torah is a book of ideas, and therefore the importance of its wisdom must override even a simpler way of an orderly reading. In the case of Parshat Mishpatim, the out-of-order actually assists us in a greater understanding of the entire event at Sinai. Next time you see a historical deviation in the Torah, consider it a tremendous opportunity to glean a greater idea about the wisdom of the Torah.  


 


 


 

Venue: Yeshivat Migdal HaTorah Yeshivat Migdal HaTorah

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