Parashat Mishpatim 5774 – Breaking Down the Moral/Ritual Divide

וְאַנְשֵׁי קֹדֶשׁ תִּהְיוּן לִי

Parashat Mishpatim is the first legal compilation in the Torah. Previously Bnei Yisrael received single commandments here and there, but never before did they receive such a large body of laws all at once. Not only that, but all the commandments that Bnei Yisrael received prior to Parashat Mishpatim are just that, commandments. They aren’t laws. Parashat Mishpatim is the beginning of the Torah’s legal system. Important as that idea is, it brings up a lot of questions, which quickly become obvious upon examination of the various sections of the text.[1]

The first section of the parasha, spanning from Shemot 21:1 through 22:16 (henceforth I), discusses interpersonal laws. There is a considerable range of topics, including slavery, property damage, and assault, to name a few. The unifying factor of all of these Laws is their If-Then formula. If X, Then Y. “If thou buy a Hebrew servant, six years he shall serve; and in the seventh he shall go out free for nothing.”[2] (Shemot 21:2) “And if a man smite his bondman, or his bondwoman, with a rod, and he die under his hand, he shall surely be punished.” (21:20). This is a classic form of legal codification, case law. It’s meant to be used by courts to decide cases and mete out punishments. It’s very practical.

The second section is at once very similar and quite different. 22:17-19 (henceforth II) still discusses laws are applied by a court system, so they’re still practical laws. They are not, however, case law. “Thou shalt not suffer a sorceress to live. Whosoever lieth with a beast shall surely be put to death. He that sacrificeth unto the gods, save unto the LORD only, shall be utterly destroyed.” (22:17-19) Notice the lack of the aforementioned If’-Then formula. In it’s place we find very basic statements involving misdeeds and their consequences. These are imperatives, and thus slightly less practical, though still applicable by a human court.

The next section goes from 22:20 through 23:9 (henceforth III), and though it breaks down into smaller subsections, it’s nature as a unified literary unit is confirmed by the parallel between 22:20, “And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.” and 23:9, “And a stranger shalt thou not oppress; for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt.” This section includes many vary diverse categories of laws. Verses 22:20-26 (henceforth IIIa) deal specifically with the proper treatment of the poor and needy. The Torah makes it clear that not only should these people not be oppressed, we must go out of our way to take care of them (22:25-26). 22:27-30 (henceforth IIIb) is the next sub-unit, and represents a shift from the previous parts of the parashah. As opposed to the very socially-oriented nature of the laws in I, II, and IIIa, these four verses deal with four different obligations between Man and ‘א, such as the sanctity of the first-born (22:28-29) and a dietary proscription (22:30). 23:1-9 (henceforth IIIc )forms the last sub-unit, dealing with the importance of the maintaining justice and honesty within the context of the legal system. So extreme is this need for righteousness in the judicial system that judges are warned against bending the law in favor of the poor and needy, who in all other parts of the law seem to get extra-special treatment. While this is a step back towards the social orientation seen previously, it also discusses the laws of the legal system itself, very different from the other social laws. Taken as a whole, III continues the new trend of legal imperatives rather than case law. However, whereas the laws of II are enforceable by a court, the laws of III are not. Most of these laws would rather be enforced by ‘א, something suggested by “If thou afflict them in any wise–for if they cry at all unto Me, I will surely hear their cry– My wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.” (22:22-23) and “it shall come to pass, when he crieth unto Me, that I will hear; for I am gracious.” (22:26). In this manner III completely departs from the preceding sections.

The final legal pericope goes from 23:10 through 23:19 (henceforth IV). As opposed to even the mixed composition of III, IV is totally composed on laws relating to Man’s obligations to ‘א. Specifically, it deals with the command for both the Sabbath (23:12) and the Sabbatical year (23:10-11), it discusses the three main holidays of the Jewish calendar (23:14-17), and a few other ritual laws besides. Gone are the case laws, the If-Then formula has disappeared without a trace. These are not practical laws, laid down for the use of the courts, rather these are societal imperatives. IV and I are so different that one would never assume that they go together if seen out of context. So why are they put together? What is the unifying theme or purpose of this whole code?

These laws are capped by ‘א enumerating the manner in which He will guide Bnei Yisrael to the Land of Israel and help them conquer it, as well as the religious commands and prohibition this will entail (23:20-33). Then, in 24:3-4, Moshe tell all the people these laws whereupon they accept the laws upon themselves and Moshe writes the laws in the “Book of the Covenant” (24:7). This is followed by a celebratory ceremony wherein the people famously accept this covenant upon themselves by saying, “All that the LORD hath spoken will we do, and obey”(ibid.). These two themes, ‘א guiding the people and the Covenant between them, recall a moment from before the Revelation at Sinai. In Shemot 19:3-8 ‘א tells the people that He took them out of egypt and will continue to guide them (19:5) and that if they keep his covenant then they will be his special people (19:5-6). The people of course say yes (19:8). This event is the beginning of the creation of the Covenant that is sealed in the ceremony of 24:4-11, and all the laws mentioned in between are an explication of the verse, “if ye will hearken unto My voice indeed, and keep My covenant,” (19:5).

Thus the unifying element in I, II, III, and IV is that they are the stipulations of ‘א covenant with his people. This the basic framework of the laws that make Bnei Yisrael ‘א’s nation. Essentially, these laws determine the character of ‘א’s nation. That much is obvious. But what is this character? As noted above the individual sections of this law code differ greatly, and so that is less obvious. However, a closer analysis of the varying sections reveals some very important ideals, not just in how they are similar, but also in how they are different.

Beyond the textual breakdown, these laws can be broken down in a few other ways, using the characteristics mentioned above. The first is in terms of who metes out consequences. The consequences of I and II are enacted by human courts, while III and IV are punishable only by ‘א. Thus responsibility in the nation of ‘א is both vertical and responsible. The people all stand together at the bottom of the mountain and ‘א descends upon it. The second way of dividing it up is in terms of case law and imperatives. Of all the sections, only I  is composed of case laws. II, III, and IV are all imperatives. The difference between a case law and an imperative is that while the case law is meant to be practically applied, that is simply not possible by an imperative. Instead, imperatives are meant to be personally motivated, and tell us something about what the values of a society are supposed to be. Thus a quick examination of the imperatives in II, III, and IV is in order.

The first obvious break down that must be noted is that both Ritual and Societal-Ethical values are represented in the imperatives. Specifically, II, IIIb, and IV all deal with rituals, while IIIa and IIIc deal with morals. However, this picture is somewhat superficial. A closer look ritual commands of IIIb and IV shows that while on the whole the commands found therein are rituals, many of the details given are more concerned with morals. 22:27 deals with how we relate to Leadership. 22:28-29 are about paying your dues and the dedication of our firstborns to ‘א. Verse 22:30 directly connects holiness with making sure that the meat we consume does not die a violent death. Thus part and parcel of the ritual commands of IIIb are more socially-oriented values, a trend continued in IV. 23:12 depicts the reason for desisting from labor on Shabbat as being for the rest and refreshment of your animals and slaves. 23:14-17 depicts the holidays as being not about individual celebration, but about all of the nation being directed towards ‘א together. The Sabbatical year is explicitly for the purpose of taking care of the poor (23:11). These seemingly ritually-oriented commandments all have moral values behind them as well.

Thus, much like the loci of responsibility, the values of ‘א’s nation are complex. Not only are these laws as a whole both moral and ritual in nature, the same can be said of individual laws. The moral and the ritual are two sides of the same coin. We are responsible to each other as much as we are responsible to ‘א. We not only have to be both religious and moral on a personal level, we also have to be both on a national level. And it’s not enough to do perform both moral and ritual acts, but we also have to aware of the ritual nature of our moral deeds and the moral character of our rituals.

[1] This devar torah is based heavily on Menachem Leibtag’s http://www.tanach.org and Nahum Sarna’s Exploring Exodus.

[2] Translations from http://www.mechon-mamre.org

Advertisements

Parashat Yitro 5775 – When Judges are Priests: On the place of the Teachers in Relation to the Law

When Judges are Priests: On the place of the Teachers in relation to the Law

Leading up to the Revelation at Har Sinai, the people are commanded not to approach the mountain (Shemot 19:12-13). Bizarrely, right before the ten commandments, perhaps the most pivotal moment of  Sefer Shemot, Moshe is commanded to once again tell the people to stay away from the mountain (19:21-24). While superficially redundant, this second command differs from the first in that it refers not only to “the people” but also to “the priests that approach God” (19:22). This immediately presents a problem as the priests (כהנים) that the Torah normally speaks of, Aharon and his sons, have not been appointed yet, nor has the Mishkan, their place of work, been built yet, nor have the relevant laws even been given yet. Though there are multiple approaches within the traditional commentators when it comes to understanding this phrase, we will focus on the rather unique approach of R’ Hezekiah ben Manoah (more commonly known as the Hizkuni). In order to fully understanding why he chose the approach that he did, we will first look at some of the more common understandings, enabling us to appreciate the unique and powerful message of the Hizkuni’s approach.

The most common understanding of the “priests that approach God” is that they are the firstborns of the Israelite nation. This approach originates in the gemara (Bavli, Zevahim, 115b), and is taken by R’ Avraham Ibn Ezra, Rashi, Rashbam, and Rabbeinu Behaye, as well as being mentioned as a possibility in the Ohr HaHayyim and the more modern Daat Mikra commentary. This interpretation is based on a few factors. First is the dedication of the firstborns to ‘א in Shemot 13, as a consequence of ‘א saving them from the death of the firstborns in Egypt. Perhaps more crucial though is the replacement of the firstborns with the Leviim in Bamidbar 3 (mentioned again in Bamidbar 8). The Leviim are dedicated to the work of ‘א’s Sanctuary, the Mishkan (Bamidbar 18:6). This implies that, before they were replaced by the Leviim, the firstborns were in charge of the work of the mishkan. However, this approach suffers from several problems. First is the understanding of the phrase “that approach God.” Ibn Ezra mentions two understandings of this phrase. The first is that this “approach” is their position during the Revelation at Sinai, that the firstborns will be standing closer to the mountain than the rest of the Israelites, though still beyond the border mentioned in Shemot 19:12-13. The problem with this is that the context of the phrase “that approach God” is the command for the priests to stay beyond the fence, implying that for some reason the firstborn would think they do not need to stay beyond the border. Thus the command has to be in response to something that happened in the past that would give the priests this impression. This is presumably what motivates Ibn Ezra’s second understanding, that the “approach to God” described in this verse is a reference to the priests bringing sacrifices on the altar that Moshe built after the war with Amalek. While this is certainly possible, and the altar was built just two chapters previous to our verse making it somewhat contextual, it suffers from not being explicit in the text. Without any explicit textual mention of sacrifices being brought on the altar, it is more likely that the altar was built as a memorial and as an act of gratitude to ‘א, in the manner of the Avot (cf. Bereishit 12:7-8, 13:18, 33:20, 35:7). However the larger issue with understanding the “priests” as the firstborn is that when the sanctified firstborn are replaced, it is not by the priests, but by the Leviim, so to say that they are priests here in Shemot 19 would be a little strange.

Though mentioned by fewer commentators, there is an approach that avoids this issue. Both Rabbeinu Behaye and the Ohr HaHayyim mention the possibility that the “priests that approach God” of Shemot 19 are the sons of Aharon, who will in the future be appointed as priests. This however suffers from the same lack of precedent as the previous interpretation. Simply put, before Aharon’s sons are explicitly appointed as priests in Sefer Vayikra, they have no reason to think they should stand closer to the mountain than anyone else, and so it is unlikely that they would have to be told not to do so.

This brings us to the comment of the Hizkuni. The Hizkuni actually presents two possibilities. His first suggestion makes use of the initial understanding, that the priests are the firstborns, but changes it in a way that avoids the problematic lack of precedent. Hizkuni says that it was the 70 Elders that were firstborns.[1] This has the advantage of the firstborns approach in that they are sanctified to ‘א, but it also has an explicit textual precedent. In Shemot 18, the chapter immediately prior to the one we’re dealing with, the Elders eat a meal with Yitro and Moshe “before ‘א” (18:12). While the exact meaning of this phrase is unclear, it would seem to indicate a degree of closeness or familiarity with ‘א that would require them to be specifically told that they need to stay back. However, this approach can be understood in one of two ways. The first is that the “Elders” is essentially a subcategory of the “Firstborns.” While this is possible it is also somewhat strange, and not only because it is unlikely that every single one of the Elders was also a firstborn. More importantly, in this understanding the seventy Elders are firstborns, but there were plenty of other firstborns who aren’t in this category. Thus the fact that the Elders are firstborns would be merely coincidental, and it is strange that the Hizkuni would mention it. More likely is the second reading, that the Elders and the Firstborns are two separate but identical categories, both of which contributed to them being called “priests.” Thus both the sanctification to ‘א and the eating before Him are significant. This too however suffers from a strangeness, namely that not only would all of the Elders be firstborns, but that there would only be 70 firstborns in a group with 600,000 men. This is likely what prompted Hizkuni to offer his second, more original, understanding.

Hizkuni’s second suggestion is that the “priests that approach God” of Shemot 19:22 are the Judges and Officers appointed in Shemot 18. While his assigning of the term “priests” to the judges is quite original, this understanding has a certain logic to it, as Hizkuni explains. As support for this approach, Hizkuni quotes Devarim 1:17, “for the judgment is God’s.” Thus their very nature as judges has a certain logic to it. Meanwhile, Sefer Devarim also conflates the priests with the teachers of the Law (31:11, 33:10), a job specifically referenced in context of the appointment of the Judges in Shemot 18 (vss.16, 20). So while the priest would be the teachers once they get into the land, Hizkuni sees the teachers as the priests before the giving of the Torah. Their special positions as teachers and Judges makes them automatically closer to ‘א , not to mention it separates them from the rest of the people who they would have seen as students. This alone might have been reason enough for them to think that they should stand closer to the Revelation at Sinai, but, as Hizkuni points out, there is another reason for them to think that. The Revelation at Sinai is the revelation of the Law, and as those responsible for teaching and adjudicating that law, it is quite natural that they would have thought they should be closer. This would not have been a privilege, but a responsibility, to be as intimately involved in the giving of the law as possible. In this, however, they are rebuffed, as Moshe is specifically sent down to tell them that they are not separate, that the entire people is equal before the law. The only exception is Moshe (Aharon is included only in his capacity as Moshe’s spokesperson), who throughout Bnei Yisrael’s journey in the Wilderness receives the law via prophecy, while the judges in the desert and after Moshe’s death do not (I have written about this here). Thus, while the judges and teachers of the Law are close to ‘א, there is an important distance between them and the revelation of the Law.

The Hizkuni’s comment has an important lesson to teach us about the relationship between the people of Israel, rabbinic authority, and the Torah. We know from Devarim that, “Moses commanded us a law, an inheritance of the congregation of Yaakov” (33:4). The law was not given to its teachers, to the judges, but to the entirety of the people of Israel. Rabbinic authority is not inherent in the rabbis, but comes from their familiarity with the law; not from creating the law but from understanding it. Thus it is incumbent upon all of Israel, each and every one of us, to approach the Torah personally, not to depend upon rabbinic intermediaries. The Torah belongs to all of us, and we each have our own portion in it. It’s not enough to trust that someone knows the law, we have to understand and appreciate it ourselves.

[1] In this he combines Zevahim 115b with מכילתא בחדש פ״ד.

Parashat Yitro 5774 – What Happened At Sinai

אַתֶּם רְאִיתֶם כִּי מִן הַשָּׁמַיִם דִּבַּרְתִּי עִמָּכֶם

Shemot 19 and 20 frame the picture of the Revelation at Sinai. ‘א descends on the mountain. Moshe goes up. The nation stands and shakes from afar. The scene in set and the air is full of tension. The Ten Commandments form the crescendo to the narrative. The people then express that they would rather have Moshe speak to them than ‘א, at which point ‘א gives Moshe a message for the nation. These chapters are convoluted and confusing in their entirety, causing the commentators to jump through serious hoops to find compelling explanations. The strangest part, however might be the blatant contradiction between ‘א’s actions in chapter 19 and his words in chapter 20. The Torah goes out of its way to describe ‘א descending on the mountain, presumably an important piece of the narrative, and yet in 20:19 He says, “You have seen that I spoke to you from Heaven.” So from where did ‘א speak to them? From the Mountain or from Heaven? This question, and its attending philosophical difficulties, is interesting enough on its own. However, the midrashic explanations of these events, including some very creative attempts to resolve this and other problems of the text, have some very powerful messages to teach us not just about the Revelation at Sinai but about our relationship with ‘א on the whole.

Perhaps the simplest resolution in provided by a midrash in the first few pages of Mesekhet Sukkah (TB Sukkah 5a). Based on the verse, “The Heavens are the Heavens of the LORD; but the Earth hath He given to the children of men” (Tehillim 115:16)[1], the gemara explains that ‘א’s presence never comes all the way down to Earth and Man can never go up to Heaven. Instead, when it says that ‘א descended on the mountain, His presence stopped a short distance above the mountain, close enough to be considered as having “descended on the mountain,” but still far enough away that ‘א could be considered to have spoken to the people “from Heaven.” This, however, stands in direct opposition to a large number of midrashim.

The Mekhilta DeRabbi Yishmael[2] resolves this problem by expanding the idea of ‘א descending on the mountain. Not only does ‘א descend, he brings Heaven with him. Thus ‘א descends on the mountain and is able to speak from Heaven simultaneously. This is very problematic in  regards to the midrash in Mesekhet Sukkah. If Moshe goes up on the mountain, and Heaven comes down to it, then has he gone up to Heaven? Perhaps, but regardless of that, ‘א and Heaven coming down to Earth would certainly clashes with the previous midrash.

This issue is further complicated Shemot 19:3 which reads, “And Moses went up to ‘א.” If Moshe went up to ‘א then presumably he left what is typically thought of as Earth and ascended to the divine realm. This can be explained as Moshe simply going to the location on the mountain from which ‘א had called to him, but many midrashim take it more literally. Not only do they describe Moshe ascending to Heaven, they give detailed accounts of what ensued there. Famously, the gemara depicts Moshe arguing with the Angels over who ought to receive the Torah (Shabbat 88b). Midrashic exegeses of the verses,“Gird thy sword upon thy thigh, O mighty one, thy glory and thy majesty. And in thy majesty prosper, ride on.”(Tehillim 45:4-5)[3] and, “A wise man scaleth the city of the mighty, and bringeth down the stronghold wherein it trusteth.” (Mishlei 21:22)[4] depict Moshe not just as receiving the Torah, but as actively going up into the depths of Heaven and taking it himself.

A subtle prerequisite for the midrashim describing moshe going to heaven and taking the torah is the idea that the torah was already existing in heaven for moshe to go and take. One midrash not only says that the torah existed in heaven for 974 generations before the creation of the world,[5] but also that when moshe broke the Luchot the angels rejoiced, saying that the torah was now returned to them.[6] It’s also the basic assumption of the famous midrash stating that ‘א “looked into the torah and created the world,” much the way an architect has tablets and notebooks.[7] The Sifre says that ‘א agree to the suggestion of the daughters of Zelophechad because that’s how it was written before him in Heaven.[8] A Gaonic responsa uses the idea of ‘א having the torah written before him in heaven to explain why a person should not recite verses from the Torah without the text in front of him.[9]

These midrashim are not simply cute stories attempting to fill in the details of perhaps the most important moment in the history of Bnei Yisrael. These midrashim discuss the very natures of ‘א, Man, and Prophecy, the connection between us. The gemara in Sukkah takes a view that is highly transcendent. Man and ‘א are very separate, and but for the fact that there is revelation one would assume they were totally unconnected in any way. A contrast is found in the doctrine of Heaven’s Descent, wherein ‘א is manifest within this world. The lines are blurred. Similarly blurring is the conception of Moshe’s ascent to Heaven. In  a world where the Finite and Infinite can manifest in each other’s realms, it becomes difficulties to absolutely distinguish between them. This of course, is the upshot of the view of total separation.

Is prophecy something that happens to Man or something that happens to ‘א? Who is the active partner and who is the passive? When Moshe goes to Heaven and takes the Torah, then ‘א is not an active partner. This is mirrored in the later view of the Rambam where Moshe, via perfecting his intellect, unites with ‘א and learns the torah. Moshe is the active one. This is even clearer if the Torah is already a whole item in Heaven, just waiting for Moshe to come take it. The idea of Heaven’s descent makes ‘א the active one. He descends on the mountain to bring the Torah. Moshe need not even ascend, and in fact, may not have been up on the mountain at the time of the revelation. This view doesn’t see revelation as a function of man’s perfection, but rather as a matter of ‘א’s purpose. When ‘א wants revelation to happen then it does not matter whether or not man is worthy.[10]

So which is it? Does ‘א reveal himself or does man discover the divine truth? Is the Torah a document from beyond time, born of Heaven, or is it a crystallization of ‘א’s relationship with His people at the moment[11] of Revelation? The answer, as usual, is more complicated than the either/or. ‘א descends on the mountain, but Moshe also goes up. The people aren’t allowed to touch the mountain, but they do need to spend three days purifying themselves. ‘א and Man are searching for each other. The truth of revelation is that it happens between man and ‘א, sometimes one side is more active, sometimes the other, but the consistent factor is that of the relationship between them. Revelation requires relation. And this is the greatest message of the Revelation at Sinai, the clearest truth from amidst an otherwise obfuscated pericope: that ‘א and His people desire to be involved each with the other.

[1] Biblical translations from http://www.mechon-mamre.org

[2] Bahodesh 4

[3] Midrash on Tehillim, ad loc.

[4] Pesikta Rabbati 20:4. Strikingly, some of these descriptions are actually quite violent.

[5] This is an idea found throughout midrashic literature, based on the idea that the Torah existed for 2000 generations before the Revelation at Sinai. The Revelation at Sinai occurs in the 26th generation recorded in the Torah, which mean the remaining 974 generations have to have been before Creation. Explanations of this idea have ranged from the midrash about ‘א creating and destroying worlds before creating this one (the Arizal) to this universe actually being nearly 15 billion years old (R’ Isaac of Acre and R’ Aryeh Kaplan). It may be more likely that the Revelation at Sinai happens in the 26th generation because that’s the numerical value of YHVH, the Ineffable Name of God, also revealed in the 26th generation.

[6] Midrash on Tehillim 28:6

[7] Bereishit Rabbah 1:4

[8] Sifre Pinhas 134

[9] Teshuvot HaGeonim, Shaarei Teshuva 352

[10] The Kabbalistic idea that Bnei Yisrael didn’t get the whole Torah, rather just what was fitting for them, is an interesting combination of these views, and opens the door to discussion of the fullness of the Torah being revealed at a later date, a titillating and dangerous concept.

[11] This might be rephrased as the question, “is the Torah Timeless or Timely?” and it has serious ramifications for the way we interpret the Torah, including the relevance of using Critical Literary  techniques and parallels to other Ancient Near Eastern texts.

Parashat Bo 5774 – Rights and Responsibilities of the Firstborn

וְכֹל בְּכוֹר אָדָם בְּבָנֶיךָ תִּפְדֶּה

The narrative of the Ten Plagues closes with the Death of the Egyptian Firstborn and the consequential dedication of all  firstborn Israelites, man or beast, to ‘א. All the firstborn male (Shemot  13:12) animals from Bnei Yisrael must be sacrificed or redeemed and all firstborn sons must be redeemed.This finale parallels and was predicted by the very opening of the story. When Moshe is on his way down to Egypt ‘א tells him to say to Paroah, “Thus saith the LORD: Israel is My son, My firstborn. And I have said unto thee: Let My son go, that he may serve Me; and thou hast refused to let him go. Behold, I will slay thy son, thy firstborn.”[1] Then Moshe “encounters ‘א” and nearly dies, saved only by his wife circumcising their son, who then says, “Surely a bridegroom of blood art thou to me… A bridegroom of blood in regard of the circumcision.” (Shemot 4:22-26). This parallel creates a structure that not only creates a closed literary unit out of the story, but also perfectly lays out what is at stake.

From the very beginning of the story ‘א intended for the plague of the first born to occur. ‘א explains this as being a consequence of his oppressing and killing ‘א’s “firstborn.”[2] Everything that happens from that moment until the last plague is a function of this idea. Then after the plague of the first born the meaning of being ‘א’s firstborn is made clear when all of the Israelite firstborns becomes consecrated to ‘א and have specific rules. Bnei Yisrael’s special place as ‘א’s nation, with all of the rules and regulations that entails, is a function of being His firstborn. Moshe’s “encounter” with ‘א and the exclamation of “bridegroom of blood” parallel the story of the Pesach (12:1-13) on several counts. First is the idea of blood as the means of salvation. Moshe is saved by the blood of his son’s circumcision and Bnei Yisrael are saved by the blood of the Pesach that they placed on their doorposts. Second is the circumcision itself. While there is no circumcision depicted by occurrence of the Pesach in Egypt, it is listed as a requirement for those participating(12:47-48) and so the midrash therefore says that a circumcision actually was performed. And of course the basic fact of both stories is that of ‘א  killing someone. Thus the story opens the same way it closes,[3] while simultaneously demonstrating how serious the stakes are; life and death are at stake.[4]

This idea of Israel as ‘א’s firstborn can be a source of triumphant nationalism. The entire Exodus narrative can be thought of as ‘א taking care of his first born (Ibn Ezra on Shemot 4:22). ‘א takes care of His people and anyone who attacks them will suffer his wrath. This then leads into the National Theophany at Mount Sinai, for only His nation gets His Law. However, this thought process ignores[5] some of the more subtle, but incredibly important, implications of the phrase “Israel is My son, My firstborn.”

“Are ye not as the children of the Ethiopians unto Me, O children of Israel? saith the LORD. Have not I brought up Israel out of the land of Egypt, and the Philistines from Caphtor, and Aram from Kir?” (Amos 9:7) ‘א is not god of Israel alone, and the proof for this is in the phrase “Israel is My son, My first-born.” The existence of a firstborn son by definition implies the existence of others. Thus while Bnei Yisrael is ‘א’s firstborn, and has a special relationship with Him based on that, the other nations are also His sons. One only need read the books of the prophets to see what the ideal for the relationship between the nations really is. “In that day shall Israel be the third with Egypt and with Assyria, a blessing in the midst of the earth; For that the LORD of hosts hath blessed him, saying: ‘Blessed be Egypt My people and Assyria the work of My hands, and Israel Mine inheritance.” (Yeshayahu 19:24-25) ‘א is the god of all earth and all the nations are his children. The title of firstborn implies special favor and grace, but it also implies special responsibility.[6] “And it shall come to pass in that day, that the root of Jesse, that standeth for an ensign of the peoples, unto him shall the nations seek.” (Yeshayahu 11:10) “Thus saith the LORD of hosts: In those days it shall come to pass, that ten men shall take hold, out of all the languages of the nations, shall even take hold of the skirt of him that is a Jew, saying: We will go with you, for we have heard that God is with you.” (Zechariah 8:23) Bnei Yisrael are responsible for the raising up of the nations. Israel is meant to be the center of ‘א’s kingdom on this earth, when all peoples[7] will be united under ‘א. “Even them will I bring to My holy mountain, and make them joyful in My house of prayer; their burnt-offerings and their sacrifices shall be acceptable upon Mine altar; for My house shall be called a house of prayer for all peoples” (Yeshayahu 56:7) “For then will I turn to the peoples a pure language, that they may all call upon the name of the LORD” (Zephaniah 3:9) That our relationship with ‘א is differentiated does not mean that it is exclusive, and treating like it as it if it were is an affront.

Moreover, the idea of a “firstborn” is one of the primary concepts of Sefer Beraishit, and it is not simple. The “firstborn” is rarely ever the actual firstborn. Avraham’s firstborn Yishmael is kicked out of the family. Esav, while beloved of his father, is destined from before his birth to be supplanted by his younger brother (Bereishit 25:23). This is the story of Bnei Yisrael and it is based upon the contingent status of the firstborn. Nowhere is this more apparent than in the case of Yaakov’s children. Whole libraries could be filled with the literature that has been written on war for supremacy amongst his sons, specifically the three-way split between Reuven, Yosef, and Yehuda. Notably, Reuven lost the birthright not because it was taken from him but because sinned against his father (35:22). The contingency of Bnei Yisrael as “firstborn”, the contingency of ‘א’s added grace, is the theme of the first rashi on the Torah (Beraishit 1:1):

In the beginning: Said Rabbi Isaac: It was not necessary to begin the Torah except from “This month is to you,” (Exod. 12:2) which is the first commandment that the Israelites were commanded, (for the main purpose of the Torah is its commandments, and although several commandments are found in Genesis, e.g., circumcision and the prohibition of eating the thigh sinew, they could have been included together with the other commandments). Now for what reason did He commence with “In the beginning?” Because of [the verse] “The strength of His works He related to His people, to give them the inheritance of the nations” (Ps. 111:6). For if the nations of the world should say to Israel, “You are robbers, for you conquered by force the lands of the seven nations [of Canaan],” they will reply, “The entire earth belongs to the Holy One, blessed be He; He created it (this we learn from the story of the Creation) and gave it to whomever He deemed proper When He wished, He gave it to them, and when He wished, He took it away from them and gave it to us.[8]

This rashi is generally misunderstood to be about the unending right of Bnei Yisrael to the Land, but that is not it’s true meaning. The Land of Canaan was given to the Canaanites until such time as they no longer deserved it, and the same holds true of Bnei Yisrael. The gift of ‘א’s land is one Bnei Yisrael might easily lose, the same way the Canaanites did before them. While Bnei Yisrael will always be His chosen people, the grace they receive from Him is dependent on their actions.

Being part of ‘א’s nation has a tendency to make people feel superior. But being part of ‘א’s nation is both less and more than people think. It is less than people think in that it is not an exclusive claim. Bnei Yisrael is ‘א’s chosen nation, but all of the nations are His. It is more than people think because it is not just a right but also an obligation. “You only have I known of all the families of the earth; therefore I will visit upon you all your iniquities.” (Amos 3:2) It is the fact of being ‘א’s people that obligates, and not living up to that obligation has severe consequences (Vayikra 26, Devarim 28).

[1] Translations from www.mechone-mamre.org

[2] Note: This would also seem to be a fairly minimal consequence in terms of Paroah’s attempt to kill all the newborn Israelite males.

[3] Also note the connection between 4:21 and 11:9-10.

[4] This is one possible explanation for the juxtaposition of 4:21-23 and 4:24-26.

[5] See, however, Devarim 4:10-14, 19, and 20.

[6] In more practical terms, the reason firstborn son inherits more is to compensate for and to enable his responsibility to take care of the rest of the family.

[7] See also Seforno on Shemot 4:22

[8] http://www.chabad.org/library/bible_cdo/aid/8165#showrashi=true

Parashat Va’era 5774 – The God of Israel

הַמְדַבְּרִים אֶל פַּרְעֹה מֶלֶךְ מִצְרַיִם

The entire Exodus narrative, and the story of the Ten Plagues in particular, is the first occurrence in Tanakh of the war against Idolatry[1]. Part of what made Judaism unique in the ancient world was not just the belief in one god but also the total rejection of any other gods. In Sefer Bereishit the Avot, and the Torah, seem perfectly content with the Idolatry of the other residents of Canaan. Only in Egypt, in the fight against Paroah and Gods of Egypt does it become clear that Idolatry is an unacceptable way of life for anyone and everyone. However, the Tanakh does not depict the drama of Egypt as a simple matter of one god versus many. The conflict happens on three levels and, in the end, it details the emergence of a new system for National and Religious Leadership based on a uniquely Israelite idea[2].

The obvious story of the Plagues is that of the tension between ‘א and Paroah. Now the idea of a human ruler defying the transcendent and unlimited ‘א seems odd, but that’s not how the Tanakh conceives of the relationship between Man and ‘א. “History is where God is defied.”[3]  The Tanakh shows that Man has the ability to go against the will of ‘א, but‘א will inevitably triumph. That idea, started earlier in Sefer Bereishit, here comes to total fruition in the fight against Paroah.

Paroah and ‘א are in many ways equated in the text of the Torah. Perhaps most obvious is the emphasis on their nations. In contrast to ‘א’s refrain of “Let My people go, that they may serve Me,” (Shemot 7:17, 26; 8:16; 9:13 the Egyptians are consistently referred to as “[Paroah]’s Nation”. ‘א has his nation and Paroah has his. Writ large, the torah creates a picture where Paroah and ‘א (via Moshe) face off in a battle for dominance. It’s ‘א’s will versus Paroah’s, with the decision consistently going to ‘א. Moreover, Egyptian rulers were not considered to be ordinary men of flesh and blood. They were considered to be divine, or close to it, and thus the defeat of Paroah is the defeat of Idolatry. When ‘א said, “and against all the gods of Egypt I will execute judgments: I am the LORD[4]”, He was also talking about Paroah, and when Paroah admits defeat it is a tacit admission of the supremacy of ‘א.

The second level of the story is that of the conflict between Moshe and Paroah. The idea is that of two kings facing off, which might be why some commentators have compared the Ten Plagues to the procedures for conquering a city. While not strictly-speaking a “King,” Moshe represents the leadership of a nation concentrated in one person, much in the manner of a monarchy. But as opposed to the conflict between ‘א and Paroah, Moshe’s fight is not for domination. Moshe’s fight is for the heart of the nation. Moshe brings plagues in order to demonstrate ‘א’s majesty and dominance before the people, that they might recognize His greatness[5]. Moshe as King rules not out of strength and not as a matter of personal right, but as an apostle of ‘א.

This idea is highlighted by several very important midrashim. On several occasions Moshe is told to go meet Paroah along the river early in the morning. The midrash comments that the reason Paroah went for his walk early in the morning was in order to secretly relieve himself[6]. Due to the divine or semi-divine status of Egyptian kings, he could not be seen to do so by the public, and so for this purpose he used to go early in the morning to the river. Thus the divine status of Paroah is not only false but Paroah knows it is false and has to maintain it by deceiving his people. This midrash points to the way Egyptians conceived of their king as divine while simultaneously rejecting and ridiculing it. In stark contrast is the Tanakh’s depiction of Moshe.

In the middle of a discussion between Moshe and ‘א regarding Moshe’s ability to take Bnei Yisrael out of Egypt the Torah suddenly interjects with Moshe and Aharon’s genealogy. Whereas by Moshe’s birth his parents are anonymous, here the Torah says who they are explicitly, revealing something very interesting. The marriage of Avraham and Yocheved is what would after the revelation at Har Sinai become considered an inappropriate sexual relationship. The midrash not only points this fact out, it highlights similar relationships by Avraham and Sarah, Yaakov and his first wives, and several instances throughout David HaMelekh’s ancestry. The midrash points out that the leadership of Bnei Yisrael often comes from what we think of as inappropriate origins[7], and that this is intentional. Part of the problem with Kings historically has been that they often come to think of themselves as divine, that they are the be-all and end-all, and that is simply not so. The midrash states that this could never be an issue with these Israelite leaders because as opposed to being thought of as divine, they all have rather ignominious backgrounds. Thus the conditional nature of the Jewish King is made clear in the fight against the “divine” King of  Egypt[8]. Moshe rules Bnei Yisrael not as one entitled to do so by birth, but as the appointed messenger of ‘א.

Aharon’s position in the Torah is complex, and that is true right from the outset. It seems clear from ‘א’s words to Moshe that Aharon is simply meant to be a speaker for Moshe but Moshe seems to do plenty of speaking on his own. Moreover, Aharon is personally responsible for the bringing of several plagues, and is often referred to directly alongside Moshe throughout the duration of the Plagues. As much as he does serve as Moshe’s “mouth” and “prophet”, he really is his own character in the story.

Aharon’s purpose here is not simple. First and foremost, throughout the Torah Aharon is the High Priest of Israel. But noticeably, he doesn’t do anything specifically priestly here in Egypt. The one things he does that some might have argued is a priestly act is the performance of wonders, something that in other civilizations and Egypt in particular was a priestly function. But the lack of any other priestly functions here that instead of adopting the Egyptian idea of the Priest-Magician, the Torah is actually rejecting it[9]. Aharon performs wonders not as a priest who bends nature to his will, but as a prophet who bends nature to ‘א’s will.

In this role, Aharon has a very specific message to convey. He personally brings the first few plagues, often alongside Moshe, and the language there makes clear the purpose of those plagues. Aharon brings plagues in order to punish the Egyptians[10]. They enslaved and mistreated ‘א’s nation and their retribution is to come through Aharon’s hand. Thus any plague brought or wonder performed by Aharon has a much greater emphasis on the effect it has on the Egyptians than when Moshe brings a plague (As mentioned above, Moshe brings plagues for an entirely different purpose: teaching Bnei Yisrael about ‘א. Moshe performs plagues in order to show Bnei Yisrael who they are being redeemed by.) However, there is not a word in the whole section about Aharon performing a wonder or causing a plague by his own power or volition.

This idea, of the contrast between Prophet and Priest, is highlighted by a very similar story found in Sefer Shmuel I[11]. In Shmuel I 5 ‘א brings plagues on the Plishtim for having stolen the Aron and where Paroah consults his “magicians” the Plishtim consult their “priests and diviners” (Samuel I 6:2). Aharon, standing next to Moshe as the magicians stand beside Paroah, stands in clear contrast to this idea of “priests and diviners.” The Jewish Priest has a very specific function in context of the Mishkan/Mikdash and not beyond. The role of miracle-worker is reserved[12] for the messenger of ‘א.

The divine “conflict” between ‘א and the “gods of Egypt” serves to display ‘א’s uncontested authority in the world. Moshe’s face-off with Paroah shows how all leaders, no matter how great, are always human, and therefore are all subordinate to ‘א and His grace. Aharon’s position against the magicians rejects completely the concept of magic and wonders performed outside of the Divine Will, regardless of their accord with it, for nothing is outside the Divine Will.

All of these concepts are manifestations of a larger, infinitely simple idea: ‘א is Primary[13]. Pagan conceptions of their deities always give them secondary places in reality. The deity is always born of some other creature, or made of some primordial-stuff. The existence of reality before and beyond divinity makes its power necessarily limited. The nature of divinity as created puts it in the same category as other creations, such as man, and allows for the possibility of divine, or semi-divine, kings, and for apotheosis. The idea that divinity is created means that its power must come from somewhere rather than being inherent in it, and this is the power that it uses for its works, but this power can also be used by others for the aid or detriment of divinity. Yitziat Mitzraim rejects all of these conceptions. ‘א is Primary. He has no origin and there is nothing that He did not create. All is subject to His Will and there is no power beyond it. The God is Israel is the God of All Existence and there is none beside Him.

 

Here is a helpful chart from Nahum Sarna’s Exploring Exodus on the breakdown of the Plagues:

Plague - Breakdown

[1] Yehezkal Kaufmann, The Religion Of Israel, Chap. 2-3

[2] This is why the story of the Plagues starts with the Parshiyah of Shemot 6:2-8, a sudden recap of ‘א’s relationship to the avot and the nation.  The chiastic structure of this section is clearly highlighting the idea of ‘א’s special relationship to Bnei Yisrael and ‘א as the only god, and those concepts point directly to this idea.

[3] A.J. Heschel, The Prophets, (Harper, 1969) Vol.1, p.168

[4] All translations are from www.mechon-mamre.org

[5] R’ Amnon Bazak, Nekudat Petihah, Parashat Va’era, The Staff of Moshe and the Staff of Aharon (Hebrew)

[6] Rashi Ad Loc., Shemot Rabbah 9:7

[7] Hizkuni on story of Yehuda and Tamar; Yeshayahu Lebovitch, Seven Years of Speeches on the Parashah (Hebrew), Parashat Vayeshev

[8] Yeshayahu Lebovitch, Seven Years of Speeches on the Parashah (Hebrew), Parashat Vaera

[9] Yehezkal Kaufmann, The Religion Of Israel, p. 85

[10]  R’ Amnon Bazak, Nekudat Petihah, Parashat Va’era, The Staff of Moshe and the Staff of Aharon (Hebrew)

[11] R’ Amnon Bazak, Parallels That Meet (Hebrew), Chap. 4

[12] Yehezkal Kaufmann, The Religion Of Israel, p. 82, 85

[13] Yehezkal Kaufmann, The Religion Of Israel, Chap. 2-3

Shemot 5774 – God of the Process

וְאָנֹכִי אֶהְיֶה עִם פִּיךָ וְעִם פִּיהוּ

Parashat Shemot famously records not only Moshe’s first meeting with ‘א, but also his first instance of disagreeing with ‘א(Shemot 3-4)[1]. Moshe is told to be ‘א’s messenger is Egypt and he resists continuously, coming up with not one but four different protests against going. The last reason that Moshe gives for why he would not be a fitting messenger for ‘א is that he is “slow of speech, and of a slow tongue[2]”(4:10). ‘א responds, “Who has made man’s mouth? or who makes a man dumb, or deaf, or seeing, or blind? is it not I the LORD?” (4:11), and that therefore Moshe should go and ‘א will be “with his mouth” and teach him what to say (4:12). Moshe suggests that ‘א just send someone else (4:13). At that point ‘א says that his brother Aharon can speak fine and is coming to meet him, so Moshe will tell Aharon what to say and Aharon will “be a mouth” for him (4:14-16). Convinced, Moshe goes to ask speak with his Father-in-Law before beginning his journey to Egypt.

The whole discussion between Moshe and ‘א is odd, in that Moshe is continuously fighting against ‘א’s word, but most bizarre is the back-and-forth on this last issue. While Moshe’s excuse of his inability to talk might be a good one, it ought to be totally negated by ‘א’s response. ‘א tells Moshe that He is the one in charge of who can speak and who can’t. Thus Moshe ought to realize that  if ‘א want’s Moshe to be able to speak then Moshe will be able to speak. That should be more than enough, but ‘א adds that he “will be with Moshe’s mouth” and “teach him what to say”. Instead of encouraging Moshe, Moshe understands from ‘א saying that He will “teach him what to say” that ‘א will not be fixing his speech issue (Ibn Ezra ad loc.). So Moshe tells ‘א that he should just send someone else, and ‘א becomes angry, responding that Aharon can speak and will therefore be the one to do the speaking. Moshe’s apparent confusion is understandable; If ‘א is not going to enable moshe to speak, then what is He saying in verse 11? The answer lies in the peculiar statement in the first half of verse 12, “I will be with your mouth.”

A simple reading would seem to indicate that “I will be with your mouth” is an extension of the idea from the preceding verse about how ‘א is in control of who can speak and who cannot, and that ‘א will enable Moshe to speak. But beyond the difficulty raised by the phrase “I will teach you what to say”, this is impossible in light of the second half of verse 15 (which essentially restates verse 12 but in reference to both Moshe and Aharon) “and I will be with your mouth, and with his mouth, and will teach you what you should do.” For ‘א to be with Moshe’s mouth cannot mean to enable him to speak if ‘א will also be with the mouth of Aharon who can already speak. So what does it mean?

Even where His power is absent, His concern is present[3].‘א does not always intervene. Sometimes when we feel our hands our tied and we just need some help, there is no help. In verse 11, ‘א is not telling Moshe that he will miraculously enable him to speak, he’s saying that Moshe is meant to have this difficulty in speaking. “I will be with your mouth” is coming to say that this isn’t because ‘א has abandoned him; ‘א is with him in his travail.

Rabbi Akiva said: Bnei Yisrael told ‘א, “[When you redeemed us from Egypt,] You [also] redeemed yourself,” for wherever Bnei Yisrael go into Exile, ‘א’s presence goes with them[4]. ‘א is not silent when we suffer[5], rather he suffers with us[6] (or is with us in our suffering, if you would prefer). ‘א is not only “God of the Good Times,” He is also “God of the Bad Times.” ‘א is with us when we are weak and when we are strong (Shemot 4:15).

However, this on it’s own is not satisfying, and really just pushes the question when it comes to the text of Parashat Shemot. If 4:11-12 really is saying that ‘א is with Moshe in his inability to talk, then why is that even necessary? Why not just skip to “Aharon will speak for you”? That’s the real answer to Moshe’s question. The answer lies in the idea of the process.

Nothing meaningful happens in an instant; Everything is a process[7]. Even according to the opinion that the entirety of the Torah was given at Har Sinai, it still comes with an Oral Torah[8] that allows it to develop into the beautiful and relevant Rabbinic system that we have today. So too with the exodus from Egypt. ‘א tells Moshe outright that this is not going to occur in the blink of an eye (Shemot 4:21-23)[9]. And so too in all of our lives. Nothing worth having is handed to us on a silver platter, and nothing worthwhile happens in an instant. But that doesn’t mean we are left to struggle through on our own. ‘א is always there, with us and for us, and so we do not struggle alone.

[1] This actually becomes the focus of a fascinating parallel in the biblical text. Moshe’s mother places him in a “תבה” in order to save him and keep him safe amongst the reeds. The only other place this word appears is by Noah, who also is kept safe on the water in a “תבה”. Though this occurs much later, Moshe is told, like Noah, that ‘א  plans to start over and that he will be the lone survivor. This is where the comparison becomes a contrast: Noah does nothing to save the people that ‘א has sentenced to destruction, whereas Moshe argues with ‘א and in the end is successful in saving the people.

This difference between someone who is a tzaddik, who “walks with ‘א”, and is worthy of being saved from the Flood to restart the world and someone who is right for the creation of  the Nation of ‘א is quite unexpected. Noah follows ‘א’s command to the letter, while Moshe argues with him. But that is exactly the point. Living in this world doesn’t mean just clinging to ‘א, it also means taking the values and wisdom that ‘א has given us to try and live by His word in this world. And sometimes that means fighting against a simple, black-and-white, interpretation of His Word.

[2] Translations from mechon-mamre.org, with minor changes. Any significant changes will be noted.

[3] A.J. Heschel, The Prophets, (Harper, 1969) Vol.1, p.168

[4] מכילתא דרבי ישמעאל בא – מסכתא דפסחא פרשה יד

[5] However, see מכילתא דרבי ישמעאל בשלח – מסכתא דשירה פרשה ח

[6] Shemot Rabbah 2:5

[7] אורות הקודש חלק ב, התעלות העולם

[8] However, See Sanhedrin 99a, “תניא אידך”

[9] The contrast between 4:1-9, particularly 4:8, and 4:30-31 would seem to suggest that Moshe does not really get this message, and this leads directly into his complaining to ‘א in 5:22-23 (R’ Amnon Bazak, Nekudat Petikhah, Parashat Shemot [Heb])

Parashat Vayehi – Looking Back and Looking Forward

וַיִּקְרָא לִבְנוֹ לְיוֹסֵף

Parashat Vayehi closes not only the sagas of Yaakov and Yosef, respectively, but also all of ever Bereishit. As part of the ending of Yaakov’s story, Yaakov bless his sons and asks to be buried in the burial plot of his fathers, the Cave of Makhpelah. However, none of this happens simply. First, Yaakov, realizing his death is approaching, calls his son Yosef to him and commands Yosef to make sure that he is buried with his fathers (Bereishit 47:28-31). A short time later, Yosef hears that Yaakov has become ill and brings his sons, Menashe and Efraim, to visit their grandfather, who blesses them (48:1-22). Yaakov then calls the rest of his sons to gather around his deathbed so he can “tell them about what will occur to them in the future,” which comprises a mix of prophecies and blessings or curses that are consequences for the deeds of his sons up to this point (49:1-28).  Then Yaakov commands his sons to bury him to bury him in the Cave of Makhpelah (49:29-33), following which he passes away and is buried in a large funeral procession (50:1-13). Throughout all of this there is a marked emphasis on Yosef over his brothers. Yosef is commanded twice to bury his father in Canaan, once among his brothers and once alone. Yosef is blessed twice, once when his sons are blessed privately, and once among the blessings of Yaakov to all of his sons, where Yosef receives a lengthy and grand blessing. And then Yosef is the one who organizes and executes the burial of Yaakov[1]. This sudden focus on Yosef, over his brothers, can be explained by looking not only at Yosef’s stories, but also at those of Yaakov, and seeing the while Yaakov’s story is closing, Yaakov wants to open the story of his descendants in manner he never could.

Throughout his life, Yaakov is drawn to the status quo[2]. If he doesn’t have to change his way of life, he doesn’t, even when he should. In a time when he should have gone to take a wife from Aram Naharaiim, he instead remained in the house of his father until both the threat of his brother and the command of his parents. When he lived in the house of Lavan, he should have left after building his family, but instead he delayed until Lavan’s disfavor and ‘א’s command sent him back to Canaan. Then he stayed by Shekhem until he needed to flee after the actions of Shimon and Levi, when he should have gone straight to Beit El to fulfill his vow to ‘א. The story of Yaakov’s life is a story of him being forced out of his comfort zone to go wherever he is supposed to go.

Yosef’s story is the exact opposite. He was forced out of his home and sold down to Egypt, but from then on in he is the driving force behind not only his life but that his family and of the entire nation of Egypt. He not only interprets the dreams which lead to him being freed from prison[3], but he of his own volition recommends to Paroah a plan of action that will save Egypt and the surrounding lands from the famine. Then he manipulates his brothers in a complex plan that leads to the reuniting of his family and their descent to Egypt, where they will be safe from the famine. Yosef’s story is not about being kicked around from place to place, but about building a grand destiny.

When Yaakov puts extra emphasis on Yosef at the end of Sefer Bereishit it is a way of designating Yosef as the next leader of the nation of Israel[4]. He’s not being chosen while his brothers are rejected, as happened in previous generations of ‘א’s covenant. In keeping with his proactive approach, he is being put in charge of practical management of the family. Thus he is given the extra portion and blessing of the first-born, and he is given an extra instruction regarding his father’s burial, making him responsible even in the event that his brothers fail. He also passes on the familial-covenantal destiny, reminding his family that they will one day be redeemed from Egypt, and asking them to take his bones with them, a promise that will not be completed until the very end of Sefer Yehoshua  (24:32). Thus while Yaakov’s death closes the story of Sefer Bereishit, Yosef’s death opens the story of the rest of the Torah, and beyond.

Yosef’s leadership is the last stage of ‘א’s covenant before it switches from an individual and his family to the nation as a whole, and it is very much a transitional stage. This stage is all about being forward thinking, about not getting stuck in the past. And thus Yosef gives a final command to his family, to the Nation of Israel, to keep moving forward. The Torah charges us to remember that the present is not the end, that there is a prophetic future that we are heading towards. And thus the Torah charges us not to be ok with the status quo, not to accept the things “small immoralities[5]” and the “minor imperfections” of our society. As long as the future is coming toward us, we have an obligation to race toward it, to make ourselves and our surroundings the best we can possibly be.

[1] Much of this would seem to be a function of the fact that Yosef is in some ways the new “firstborn” of Yaakov’s family. After Reuven sinned with Bilhah, the birthright would go to the next in line, Shimon. Shimon lost the birthright when he attacked Shekhem, as did Levi, the next in line. Yehuda goes back and forth between good and bad actions, which is why he receives the Kingship, but is not the “firstborn”. As for why Levi receives the priesthood while Shimon receives nothing, it is unclear but there are a few things to say. The first, most famous, point is that the Tribe of Levi stands up and declares themselves to be dedicated to ‘א in Shemot 32, and this might make all the difference. However, as the heroes of the first half of Sefer Shemot are from the tribe of Levi, it is worth noting that Shimon commits a cardinal sin offscreen (I am indebted for this point to R’ Pesach Sommer). In the list of Yaakov’s descendants in Bereishit 47, we are told that one of Shimon’s children is the son of a Canaanite woman (Bereishit 46:10), and throughout the stories of the Patriarchs it is clear that marrying a Canaanite woman is frowned upon, to say the least (Bereishit 24, 26:34-35, 27:46-28:9).

[2] For more on this, see this essay by R’ Elchanan Samet.

[3] Notably, many people are familiar with the midrash that Rashi brings suggesting that Yosef is forgotten for two years by the Head Wine-Bearer as punishment for depending on the wine-bearer instead of trusting in ‘א. However, Ramban actually praises Yosef for this, and sees many of Yosef’s actions as being about the actualization of his dreams.

[4] For more on this, see this essay by R’ Yonatan Grossman.

[5] For a discussion of the prophetic idea that there is no such thing as a “small immorality,” see A. J. Heschel, the Prophets, Vol. 1, “What manner of man is the Prophet?”