Parashat Ki Tavo – That Which We Have Received and That Which We Have Made

כָּל מַעְשַׂר תְּבוּאָתְךָ


Parashat Ki Tavo concludes the long code of laws that takes up the middle of Sefer Devarim (chapter 12-26) by introducing the covenant that will take place on Har Gerizim and Har Eval, once the Israelites enter the land of Israel. However, before it talks about the covenant, with its long list of blessings and even longer list of curses, it introduces the prayers (Devarim 26:1-15) that are to be said when a person brings the offering of their first fruits, bikkurim,  and the tithes of their produce, ma’aser, the laws of which had been introduced previously (Devarim 14:22-29 and Shemot 23:19, respectively). These two commandments take very similar forms, bringing food before ‘א, and reciting a short passage. However, the content of those passages varies greatly. The Bikkurim Passage focuses on ‘א’s actions and concludes with the individual bringing his first fruits in thanks. The Ma’aser Passage involves a list of actions that the individuals affirms having done, or refrained from doing, and then a prayer to ‘א for continued abundance. While the two rituals are superficially similar, they are different enough that their prayers did not need to be grouped together at the end of the law code, and could instead have been put with their laws. However, as a closer reading demonstrates, these two passages bear a strong correspondence to chapters 6 and 8 of Sefer Devarim[1], and they are structured accordingly.

The sixth chapter of Sefer Devarim discusses how Bnei Yisrael should relate to the gift of the land of Israel that they are about to receive from ‘א.

10 And it shall be, when the LORD thy God shall bring thee into the land which He swore unto thy fathers, to Abraham, to Isaac, and to Jacob, to give thee–great and goodly cities, which thou didst not build, 11 and houses full of all good things, which thou didst not fill, and cisterns hewn out, which thou didst not hew, vineyards and olive-trees, which thou didst not plant, and thou shalt eat and be satisfied, 12 then beware lest thou forget the LORD, who brought thee forth out of the land of Egypt, out of the house of bondage.[2] (Devarim 6:10-12)

There is a strong emphasis in this passage on the various things that Bnei Yisrael would receive as part of receiving the land, none of which they would have earned or created for themselves. Possessed of all this newfound wealth, the Israelites might lose focus on the source of this great gift, and so they are charged to “beware lest thou forget the LORD” (6:12).

In contrast, Devarim chapter 8 focuses on the products of Bnei Yisrael’s effort, rather than the things they received.

12 lest when thou hast eaten and art satisfied, and hast built goodly houses, and dwelt therein; 13 and when thy herds and thy flocks multiply, and thy silver and thy gold is multiplied, and all that thou hast is multiplied; 14 then thy heart be lifted up, and thou forget the LORD thy God, who brought thee forth out of the land of Egypt, out of the house of bondage;

After receiving the land, the people are going to build on it, and work it, and make themselves wealthy with it, and as they raise themselves into a position of power they may forget the gifts they were given by ‘א. To combat this, the people are told to keep in mind where their resources and abilities come from.

17 and thou say in thy heart: ‘My power and the might of my hand hath gotten me this wealth.’ 18 But thou shalt remember the LORD thy God, for it is He that giveth thee power to get wealth, that He may establish His covenant which He swore unto thy fathers, as it is this day.

The Torah does not deny that the people made this wealth, that they earned it for themselves, but it does remind them that they could not have done so without the abilities and materials that ‘א gave them. Thus between chapters 6 and 8 of Sefer Devarim the Torah has made it abundantly clear that whether the people’s wealth has come directly from ‘א or they made it for themselves with the gifts that ‘א provided them with, they must remain conscious of their debt to ‘א.

This consciousness of ‘א is manifest in the two prayers of chapter 26. The Bikkurim prayer makes it clear that the Bikkurim offering is not about being grateful for the fruit, but rather for the land that the fruit grows from[3]. Corresponding to Devarim 6, the emphasis is totally on ‘א’s actions.

7…And we cried unto the LORD, the God of our fathers, and the LORD heard our voice, and saw our affliction, and our toil, and our oppression. 8 And the LORD brought us forth out of Egypt with a mighty hand, and with an outstretched arm, and with great terribleness, and with signs, and with wonders. 9 And He hath brought us into this place, and hath given us this land, a land flowing with milk and honey. (26:7-9)

Then once the recognition that ‘א has given the individual this bountiful land, the person states that in thanks and gratitude they are bringing the first of the fruits of the land before ‘א. The prayer of the Ma’aser is spent discussing what the person did with the produce that they had grown from the land that ‘א had given them.

13 Then thou shalt say before the LORD thy God: ‘I have put away the hallowed things out of my house, and also have given them unto the Levite, and unto the stranger, to the fatherless, and to the widow, according to all Thy commandment which Thou hast commanded me; I have not transgressed any of Thy commandments, neither have I forgotten them. 14 I have not eaten thereof in my mourning, neither have I put away thereof, being unclean, nor given thereof for the dead; I have hearkened to the voice of the LORD my God, I have done according to all that Thou hast commanded me. 15 Look forth from Thy holy habitation, from heaven, and bless Thy people Israel, and the land which Thou hast given us, as Thou didst swear unto our fathers, a land flowing with milk and honey. (26:13-15)

Once the person has declared that they have used their produce to feed those in need, Levi’im, orphans and widows, foreigners, etc, then they ask ‘א to continue to bless them with bounty and abundance.

The Torah recognizes two distinct forms of wealth, that which we have received, and that which we have made. While it might seem obvious that we should be grateful for the first category, it is much less obvious that we should be grateful for the second. The Torah therefore reminds us that we have to be grateful for that as well, not because our actions are in and of themselves meaningless[4], but because our abilities and resources are gifts from ‘א. What is most novel, however, about the Torah’s approach to wealth, is the use to which we must put it. Wealth that comes to us from ‘א must be returned, in part, to ‘א as a way of showing our gratitude. Wealth that we have made from His gifts, however, must be given to those in need. In this act we take up the Image of God upon ourselves, and the same way He redeemed us from Slavery and granted us a land we did not deserve, we give of our wealth to those who are downtrodden and in need, without thought to whether or not they deserve it. In our position as receivers of wealth, it is incumbent upon use to be grateful; In our position as creators and possessors of wealth, we are responsible to give to those in need[5].

[1] I have spoken more about these passages here.

[2] Translations form

[3] This is discussed excellently by R’ Elchanan Samet here.

[4] I note this due to the fact that many, many, commentators and thinkers throughout the years have used the verse, and thou say in thy heart: ‘My power and the might of my hand hath gotten me this wealth’ (8:17) to mean that our hands and power truly accomplish nothing, and that everything comes to us straight from ‘א.

[5] I have spoken more about the dualities in the nature of man here.

Parashat Devarim 5774 – The Oral Torah and The Things That Moshe Said

אֵלֶּה הַדְּבָרִים אֲשֶׁר דִּבֶּר מֹשֶׁה


Parashat Devarim opens the final book of Humash, marking a radical departure from the previous books. It’s uniqueness is encapsulated in the name by which it is referred to in Midrashim and the Gemara, “Mishneh Torah”, meaning “Repetition of the Torah”. This title is probably a reference to the many narratives and laws from previous books of the Torah that are repeated in Sefer Devarim. However, the narratives and laws[1] of Sefer Devarim also include many things not found in previous books, lack many things found in previous books, or outright contradict the laws and narratives of previous books. Parashat Devarim includes a few excellent examples of all of these, such as the appointment of judicial system (Devarim 1:9-18; originally found in Shemot 18) and the incident of the spies (Devarim 1:19-46; originally founding in Bamidbar 13-14). Perhaps the most striking changes from the previous books of the Torah to Sefer Devarim are in the writing style and the perspective of narration. The language and sentence structure used are strikingly different from the other books, to the point that switching from one to the other is actually difficult. Most of the books of the Torah are narrated from a third-person perspective (“And Moshe said…” “And Moshe struck the rock…”), but Sefer Devarim is dominated by first-person narration (“I said…” “We did…”). This final detail, as we shall see, actually contains the explanation for all of the other discrepancies of Sefer Devarim.

Sefer Devarim opens with the phrase, “These are the words which Moses spoke to all of Israel” (Devarim 1:1). Just a few verses later (1:6), Moshe begins a speech that spans for about 4 chapters of Sefer Devarim. Immediately thereafter, Moshe begins his second speech (5:1), which will span 22 chapters. This is followed immediately by the beginning of a third speech (27:1), filling chapters 27 and 28, and then chapters 29 and 30 are a fourth speech (beginning with 29:1).  The last four chapters of Sefer Devarim (31-34) are a narration of Moshe’s Last Acts and Farewells, much of which is still him speaking or singing, though not all of it. This breakdown demonstrates that Sefer Devarim is almost entirely a recording of Moshe’s speeches! 30 out of 34 chapters of Sefer Devarim, give or take a few verses, are entirely his speeches, and the other four chapters include a hefty amount of his speech as well. The sudden switch from third- to first-person narration is therefore obvious and understandable, as Moshe would not narrate from a third-person perspective. Fascinatingly, this also suggests that the style switch is also a matter of Moshe’s narration, meaning a switch from the previous, presumably Divine, perspective, to Moshe’s human perspective.

This raises an immediate issue in terms of our conception of the giving of the Torah. Rabbi Akiva says that the entirety of the Torah, in its general principles and its minor details, was given to Moshe on Har Sinai[2]. If this is true, then Sefer Devarim was given to Moshe on Har Sinai, from ‘א, and for it to be narrated by Moshe, phrased in his own perspective, would be strange at the very least. However, this is not the only opinion in Hazal. Rabbi Yishmael says that the general principles of the Torah were given on Har Sinai, and then the minor details were given in the Mishkan and in the Plains of Moav (where Moshe delivers the speeches found in Sefer Devarim)[3]. Even this does not quite say that Moshe himself said over, of his own volition, the speeches recorded in Sefer Devarim, but it is a step in that direction. The next step is taken by Abarbanel in his Introduction to his commentary on Sefer Devarim.

In truth, Moshe our teacher stated the words of this book and explained the mitzvot mentioned therein as he prepared to part from the people of Israel.  After he completed his words to Israel, God desired that they be included in the Torah as Moshe stated them.  Perhaps God added elements to those words at the time that they were committed to writing.  Thus, although the words may have been stated by Moshe, the authority to include them in the Torah’s text did not derive from him.  Moshe did not decide to commit these words to writing, for how could he compose even a single thing in God’s Torah without Divine sanction?  Rather, all of these words of the Book of Devarim were by the mouth of God, together with the rest of the Torah’s text, for God agreed with his formulations and favored the words of the ‘faithful shepherd’ Moshe.  Thus, God restated them to Moshe and ordered them to be written by him, and Moshe therefore composed them by God’s authority and not by his own

Thus the speeches of Sefer Devarim are actually Moshe’s own narration[4], which then received the Divine imprimatur when ‘א decided to make them part of the Torah[5]. The significance of this idea is powerfully expressed by Rav Tsadok HaKohen of Lublin[6].

The latter version of the Decalogue, that in Sefer Devarim, was said by Moshe, on his own account. Nonetheless, it is part of the Written Law. In addition to the mitzvot themselves that Moshe had already received at Sinai, by the word of God, these words as well [in Sefer Devarim], which were said on his own account, which are not prefaced with the statement, “And God said…”, these, too, are part of the Written Law. For all of his (i.e. Moshe’s) are also a complete “torah”, just like the dialogues of the patriarchs and other similar passages are considered part of the Written Law. But the material that begins “And these are the things” (i.e. the first verse of Sefer Devarim and the rest of the book that follows), material that was said on his own account, represents the root of the Oral Law, the things that the sages of Israel say of their own account.

Rav Tsadok is saying that as part of the ‘א’s Divinely commanded text, Sefer Devarim is part of the Written Torah, but as the words of Moshe Rabbenu, Sefer Devarim is the beginning of the Oral Torah. Therefore it is not strange that Sefer Devarim should depart from previous books of the Torah in retelling past events. As part of the Oral Torah, it is a completion and an interpretation of the Written Torah. It is Sefer Devarim’s nature as interpretive retelling that explains its divergences from previous recordings of laws and narratives in the Torah.

The first great example of that in Parashat Devarim is the Appointment of the Judges. This first occurs in Shemot 18, when Yitro arrives at Har Sinai and suggests the appointment of judges as a way to lighten Moshe’s burden. Yitro tells Moshe that he should take “able men, such as fear God, men of truth, hating unjust gain; and place such over them, to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens” (Shemot 18:21). Moshe does as Yitro recommended, and goes from being the sole judiciary authority to being the final authority when lower judiciary authorities were not enough. In Sefer Devarim, Moshe initiates the appointment of the leaders, due to his inability to lead the people.

And I spoke to you at that time, saying: “I am not able to bear you myself alone; the Lord your God has multiplied you, and, behold, you are this day as the stars of heaven in multitude. The Lord, the God of your fathers, made you a thousand times so many more as you are, and blessed you, as He has promised you! How can I myself alone bear your trouble, and your burden, and your strife? Get you, from each one of your tribes, wise men, and understanding, and full of knowledge, and I will make them heads over you.’ And you answered me, and said: ‘The thing which you have spoken is good for us to do.’ So I took the heads of your tribes, wise men, and full of knowledge, and made them heads over you, captains of thousands, and captains of hundreds, and captains of fifties, and captains of tens, and officers, tribe by tribe. And I charged your judges at that time, saying: ‘Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger that is with him. You shall not favor persons in judgment; you shall hear the small and the great alike; you shall not be afraid of the face of any man; for Justice is God’s; and the cause that is too hard for you you shall bring to me, and I will hear it.” And I commanded you at that time all the things which you should do. (Devarim 1:9-18)

There are many differences between this passage and the passage in Shemot. First off is the lack of any mention of Yitro is Sefer Devarim. More interesting, however, is the description of the judges, both in terms of their innate qualities and their assigned duties. Whereas in Shemot the men are described as “able men, such as fear God, men of truth, hating unjust gain,” in Devarim they are referred to as “wise men, and understanding, and full of knowledge.” Moshe appoints the men in Shemot as “rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens,” whereas in Devarim they are additionally appointed as “officers.” In Shemot Moshe chooses the men, whereas in Devarim the nation chooses them. These differences all flow from differences in the initial cause for the appointment in each passage. In Shemot the men are appointed to create a necessary Judicial structure, whereas in Devarim Moshe is appointing ‘heads” over the tribes, to help him lead a nation that has grown to large for his singular leadership. Therefore only Shemot mentions Yitro, while he isn’t part of the story in Devarim. The traits of the men chosen in Shemot are appropriate for judges, while the traits of the men chosen in Devarim are more generally useful for leadership. That’s why in devarim they are “officers” as well as judicial “rulers”. Shemot emphasizes the issues of jurisprudence, right before the giving of ‘א’s Law, where Devarim emphasizes matters of leadership. These two issues came up simultaneously, and we only get the full picture due to their being split apart textually.

The second such example that appears in Sefer Devarim is the Sin of the Spies. The first recording of this narrative occurs in Bamidbar 13-14, instigated by ‘א commanding Moshe to send men to scout out the land. The men bring back a misleading and evil report that causes Bnei Yisrael to rebel. Despite the protestations of the good spies, Yehoshua and Calev, Bnei Yisrael refuse to enter the land, leading to ‘א condemning the entire generation to die in the desert. The departures from this representation in Devarim are few, but significant.

And I said to you: “You have come to the hill-country of the Amorites, which the Lord our God gave to us. Behold, the Lord your God has set the land before you; go up, take possession, as the Lord, the God of thy fathers, has spoken to you; do not fear, nor be dismayed.” And you came near to me every one of you, and said: “Let us send men before us, that they may search the land for us, and bring us back word of the way by which we must go up, and the cities to which we shall come.” And the thing pleased me well; and I took twelve men of you, one man for every tribe; and they turned and went up into the mountains, and came to the valley of Eshcol, and spied it out. And they took of the fruit of the land in their hands, and brought it down to us, and brought us back word, and said: “Good is the land which the Lord our God gives to us.” Yet you would not go up, but rebelled against the commandment of the Lord your God; and you murmured in your tents, and said: “Because the Lord hated us, He has brought us forth out of the land of Egypt, to deliver us into the hand of the Amorites, to destroy us. To where are we going up? Our brothers have made our heart to melt, saying: The people is greater and taller than we; the cities are great and fortified up to heaven; and moreover we have seen the sons of the Anakim there.” Then I said to you: “Dread not, neither be afraid of them. The Lord your God who goes before you, He shall fight for you, according to all that He did for you in Egypt before your eyes; and in the wilderness, where you have seen how the Lord your God bore you, as a man bears his son, in all the way that you went, until you came to this place. Yet in this thing you do not believe the Lord your God, Who went before you in the way, to seek you out a place to pitch your tents in: in fire by night, to show you by what way you should go, and in the cloud by day.” And the Lord heard the voice of your words, and was angry, and swore, saying: ‘Surely there shall not one of these men, even this evil generation, see the good land, which I swore to give to your fathers… (Devarim 1:20-35)

Of the many differences here, a few stand out in particular. Where in Bamidbar 13, ‘א commanded the sending of the scouts, in Devarim the people asked to send spies. In Bamidbar the spies bring back a false report that incites the people, which is ineffectually countered by Calev and Yehoshua, while in Devarim the report of the scouts appears only in the words of the people after they have already rebelled. The people rebel of their own initiative and are rebuked not by Calev and Yehoshua but by Moshe himself. While here too there seems to have been two different things occurring simultaneously, two different missions performed by the same twelve men at the same time[7], depicted separately in two different places, this is not the reason for the differences here. Instead, here it seems to be simply a matter of a different perspective. By focusing on the initiatives and failures of Moshe and Bnei Yisrael, by excluding ‘א and the spies from the story, emphasis is placed on the actions and responsibility of the Nation and their Leader. Thus this retelling does not contradict or change the story, so much as it simply presents the narrative from a different point of view, emphasizing different things.

Sefer Devarim is a retelling of much of the laws and narratives of the Torah, but it is a complex retelling. It has additional information, intentional lacks of information, and apparent contradictions. However, far from posing a problem for the Torah’s integrity and for the religious reader, these complexities open up the Written Torah by anchoring it to our most precious gift, the Oral Torah. The Oral Torah is the god-given ability for the wise of Bnei Yisrael to interpret and apply the Written Torah, and it started with Moshe. Moshe took events and laws from the 40 years that Bnei Yisrael traveled in the wilderness and presented them in new ways, in order to convey the aspects he felt were most important for Bnei Yisrael to appreciate before entering the Land of Israel. Throughout the entirety of Sefer Devarim, many different aspects are emphasized, but a few themes, such as have been presented above, are dominant. The laws and events of Sefer Devarim highlight the ability, and corresponding responsibility, of Bnei Yisrael. Upon entering the land, everything will change for Bnei Yisrael. They will have to be responsible for themselves on a much greater level. They are losing Moshe, their faithful shepherd through the wilderness, and ‘א will begin to reduce His miracles and open Presence among them. The people can’t rely on Moshe or ‘א to take charge and save them. They will have to lead themselves, and they will have to take responsibility for their own mistakes. Correspondingly, the texts emphasize the ability of the people to do so. All of this is a function of Oral Torah. The Oral Torah allows for the expression of whatever aspects of the Torah are most relevant at any given time. “Since the destruction of the Bet HaMikdash, ‘א has no place in this world outside the 4 Amot of Halakhah.”[8] When the Bet HaMikdash was destroyed, the Oral Torah took us from the community-centered worship of the Bet HaMikdash to the individual-centered life of Halakhah. And when Bnei Yisrael were preparing to enter the Land of Israel, Moshe spoke to them the speeches of Sefer Devarim, that would take them from a people entirely dependent on ‘א to a people able to create a godly society, according to His laws, in His land.

[1] This composition will not discuss legal contradictions with previous books, as that is a separate topic. In brief, halakhic midrashim have their own method of solving it in relation to determining halakhah, and in terms of understanding the internal contradiction of the Torah text, it revolves around the institution of common law. For more on that and the specific case of Sefer Devarim, see essays 5-8 by Prof. Joshua Berman of Bar Ilan University, here.

[2] Talmud Bavli, Masekhet Zevahim, 115b.

[3] Ibid.

[4] While some struggle with the idea of a human hand in the composition of the Torah, it is important to remember the level of Moshe in his prophecy, to the point where the midrash describes his as half man and half elohim (Devarim Rabbah 11:4).

[5] This is actually suggested by the gemara: One does not pause [to call up another reader] in [the reading of] the curses, but one person reads them all.  Abaye said: This applies only to the curses in Torat Kohanim [Vayikra], but in Mishnah Torah [Devarim], one may pause.  Why is this so? The former are in plural form and Moshe spoke them in the name of Hashem, and the latter are in singular and Moshe spoke them on his own. (Talmud Bavli, Masekhet Megilla, 31b).

[6] Pri Tzadik, Kedushat ha-Shabbat, article 7. Translation from Professor Joshua Berman, here.

[7] One of the missions was about military intelligence, while the other was more about surveying the land. The first indicator of this is the different verbs used for what the “spies” will do in each case, “לרגל,” “to spy,” or “לתור,” “to scout”. For more on this see Rav Elchanan Samet’s excellent essay, here.

[8] תלמוד בבלי מסכת ברכות דף ח עמוד א

Parashat Matot – Human Initiative and the Divine Will

וַיְדַבֵּר מֹשֶׁה אֶל-רָאשֵׁי הַמַּטּוֹת


Parashat Matot contains the story of Bnei Yisrael’s war with Midyan (Bamidbar 31:1-8), which finishes the story of Pinhas and the sin of Bnei Yisrael at Baal Peor (Bamidbar 25). Chapters 26-30 are an interjection, interrupting the story of Bnei Yisrael’s encounter with Midyan. While some of the sections in these chapters might be chronologically in order (see 26:1, for example), other law sections could have gone anywhere, and thus their placement in the midst of the Midyan narratives strange. However, a close analysis of the parshiyot of chapters 26-30 demonstrates that the whole unit, starting from Bamidbar 25 and stretching through chapter 30, explicates and demonstrates different aspects of the tension between the Divine Will and Human Initiative.[1]

This unit breaks down into (A) Pinhas, (B) the Census and the Daughters of Tselophehad, (C) Moshe being told to go up on the Mountain and Yehoshua’s Appointment, and (D) The Laws of the Festival Sacrifices and the Laws of Personal Vows. While Pinhas’ Narrative stands alone, the rest of the sections are pairs, half of each emphasizing the Divine Will and half emphasizing Human Initiative. Together, they create what seems to a very full picture of the different aspects of the tension between Divine Will and Human Initiative, one which is built upon in the following narratives of the Spoils of War (Bamidbar 31:9-54) and the Request of Reuven and Gad (Bamidbar 32).

In the story of Pinhas, Bnei Yisrael had sinned, and were suffering from a plague in consequence (25:1-3). Then ‘א said to Moshe, “Take the leaders of the people and execute them before ‘א, that ‘א’s wrath may be turned back from upon the nation” (25:4). Moshe then instructs the judges of Israel to take the sinners that are under their jurisdiction and to kill them. This is a valid reading of ‘א’s command, based on interpreting “them” to mean the sinners, and that “take the leaders” means that Moshe should act with them. It is not the intuitive reading, which would mean simply to kill the leaders themselves, but it is certainly valid, and we do not see that Moshe is punished or corrected for his interpretation. However, there is an implied critique on Moshe in the extensive praise and reward lavished on Pinhas, who did indeed fulfill the more intuitive reading of ‘א’s command, and turned ‘א’s wrath back from upon the people. Interestingly, we do not see that Pinhas heard the command to Moshe, or was a prophet in his own right, or anything of the like. Rather he seems to have decided on his own that this was the correct thing to do, and thus he was acting both in accordance with the Divine Will and his own, human, initiative.

The census of chapters 26 and 27 serves to detail all the families of all the tribes for the purpose of dividing the Land of Israel up evenly between them. In this census, only males inherit land and thus only male heirs of the tribes are delineated, with the exception of Serah Bat Asher (26:46) and the daughters of Tselophehad (26:33). The daughters of Tzelophehad are uniquely mentioned here in order to pave the way for their taking  of the stage at the beginning of Chapter 27, where they approach Moshe and ask to inherit the land of their father, in order that his name not disappear from his tribe[2], and after Moshe speaks to ‘א, they are granted this right. Thus the original Divine law, that only sons inherit, was changed by Human Initiative.[3]

The narrative of the Daughters of Tselophehad is followed by a brief command to Moshe that he go up on Mount Avarim to see the Land of Israel before he dies[4] (27:12-14), which is followed by his request from ‘א that He appoint a leader to take Moshe’s place. The careful reader will notice that ‘א makes no mention here of a replacement for Moshe, rather Moshe asks for it on his own[5] (27:15-17). This is a case where the Divine will accepting a completely Human Initiative and acting upon it, as opposed to the previous case where the Human Initiative simply led to a slight Modification in the divine plan.

The final section before the War with Midyan is not a narrative but two sets of Laws, intimately related. The first section of laws (Bamidbar 28 & 29) is the laws of public sacrifices, both the daily sacrifices and the additional sacrifices for festivals. This is followed by the laws for personal vows (Bamidbar 30). While at first glance these appear to be separate, they are connected by the institution of the vow-offerings. If a person vows to bring an offering, it would be brought at one of the festivals. Thus the laws of chapter 30 are really part and parcel of the laws of chapters 28 & 29[6]. Thus one might consider the whole section part of the Divine Will category. However, the laws of chapter 30 are all about voluntary vows a person might take upon themselves. Therefore this is in fact a case of where the Divine Will includes space for Human Initiative.

The War with Midyan (Bamidbar 31:1-8) completes the Pinhas story (Bamidbar 25) disrupts the thematic tensions of Divine Will and Human Initiative with an absolute Divine command. It leads into a series of events involving the spoils of the war that build upon and contrast with the themes of Bamidbar 25-30.

Immediately after the war with Midyan, before the soldiers can even return to the camp, Moshe and the other leaders of Israel confront the returning army. They had failed to wipe out the women of Midyan who had caused Bnei Yisrael to sin in the first place (25:1-3), instead keeping them for themselves. The soldiers are reprimanded, and told to rectify their mistake. Here, while lacking an explicit and obvious Divine command, it is clear that the Human Initiative still went astray.

This story is followed by the divvying up of the spoils of the war to each member of the nation. Percentages were taken from all of the spoils for the Levi’im and for ‘א. This portion for ’א was taken and given to Elazar the Kohen Gadol. Then at the end of the section, the officers of the army come before Moshe and Elazar and say that because none of their soldiers died in the war, they want to give a tribute to ‘א from their finest spoils. They do so, and it is clear that this is considered somehow greater than the first percentage given to ‘א from the spoils, as that was simply given to Elazar, where this is “brought into the Tent of Meeting for a memorial for Bnei Yisrael before ‘א.” Thus in this case the Human Initiative does not stray, but rather builds on and succeeds the Divine Will.

The final case is that of the Request of Reuven and Gad to dwell on the far side of the Yarden River. This on first appearance seems to be incredibly problematic, as Moshe points out by comparing them to the Spies (Bamidbar 13-14). They are rejecting the Land of Israel, which ‘א has given them an inheritance, in favor of land that’s better pasture for their livestock. Not only that, but they outdo the spies by trying to separate from the rest of the nation by dwelling apart, thus damaging national unity. However, upon further questioning they reveal that their intent was not to reject the Land of Israel nor to harm national unity. Not only are they not trying to separate from the rest of the people, but they are willing to lead the charge into the Land of Israel, putting themselves in harm’s way for no gain of their own. They are not rejecting ‘א’s Land, they are asking to expand it, defining the Land of Israel as the Land in which Israel dwells[7]. Their Human Initiative is not rejecting the Divine will, but embracing it and surpassing it.

Man takes a position of great power and importance in the Torah. He is created in the Image of ‘א, the Creator of the World. Tehillim 8 sees man as “מעט מא׳לוהים”, “a little less than Divine.” And yet his first great act is to disobey the Divine Will, to push against ‘א. Man is powerful, but also fickle. This portrayed strongly as Bnei Yisrael make ready to enter the Land of Israel and live under their own control at the end of Sefer Bamidbar. Perhaps the strongest indication of this is the ambiguity of Reuven and Gad’s request. Based on their request, Moshe predicts Bnei Yisrael having to wait another 40 years in the desert. But this is a false perception, as the tribes intend not evil but great good. Man’s will can go either way, it can be lowly or it can be great. It can even intuit the Divine. It’s up to us what we do with it.


[1] Many of the Ideas in this composition come from this piece by Rav Yonatan Grossman of Michlelet Herzog and Bar-Ilan University:

[2] For a discussion of why this story is not a feminist one, see here:


[3] The tension here is aptly displayed by the midrash brought by Rashi on Baidbar 27:7. “Zelophehad’s daughters speak justly: As the Targum [Onkelos] יָאוּת, rightly. [As if God said,] This is the way this passage is inscribed before Me on high (Sifrei Pinchas 18). It teaches us that their eye perceived what Moses’ eye did not. – [see Mid. Tanchuma Pinchas 8]”. (translation from

[4] The exact nature of this command is complex, for an excellent and fascination discussion of the differing views and possibilities by Rav Elchanan Samet of Michlelet Herzog, see here:

[5] It’s entirely possible that without Moshe’s request there would not have been a replacement leader, part of a much larger discussion about the ideal form of leadership and government of Bnei Yisrael, which goes far beyond the scope of this composition.

[6] See the Rashbam’s comment on Bamidbar 30:2-3. There are also linguistic parallels between this section and it’s neighbors.

[7] This sets the stage for any further conquest Israel might perform from Yehoshua until the Exile.