Ki Tisa 5774 – Ritual vs Moral Sin in Het HaEgel, and the Nature of the Covenant with Israel

כָל הָעָם אֲשֶׁר אַתָּה בְקִרְבּוֹ

Bracketed by the sections on Shabbat and the Mishkan, Chet HaEgel is the crescendo of the second half of Sefer Shemot. The story depicts a fall from a great height as the people, fresh from affirming their covenant with ‘א, create and worship a golden calf. Following this fall, Moshe descends from the mountain and shatters the Luchot HaEdut, the physical terms of the covenant[1]. The rest of Parashat Ki Tisa records the process of Moshe and Bnei Yisrael trying to recreate the covenant with ‘א, culminating in first the revelation to Moshe of what has become know as the Thirteen Attributes of Mercy[2] and second the new terms of the Covenant.

The way that the texts regarding the Mishkan surround the story of the Egel makes it quite logical to think of the Mishkan as a command which atones for Chet HaEgel. Moreover, it also meets the problems manifest in Chet HaEgel head on. The need for a physical representation of ‘א’s Presence, which was lost when Moshe failed to come down from the mountain, is replaced by the Mishkan in general and by the Keruvim in specific, which serve the same function that the Egel was meant to serve[3]. More generally, the sin of the people represents a basic inability to follow ‘א’s commands, and thus throughout the building of the Mishkan, and all throughout Vayikra, the text repeatedly emphasizes that the people did as ‘א commanded (for example, Shemot 34:4; 39:1, 5, 7, 21, 26, 29, 31, 43; and others). However, seeing the Mishkan as the fix for Chet HaEgel, rather than perhaps as a response to it, ignores the very important process of the 34th chapter of Sefer Shemot.

Shemot 34 describes the creation of a new covenant with ‘א, starting with the revelation of ‘א’s “attributes of mercy”, which explain the creation of a new covenant, and then going into the terms of the covenant, wherein ‘א goes over much of what was said in Parashat Mishpatim in Shemot 21-23. ‘א will guide Bnei Yisrael and fight their wars for them, Bnei Yisrael have to destroy the altars of Idolatry in Eretz Yisrael, etc. Notably, while much of this section if reminiscent of the statues of Parashat Mishpatim, there is one section that is copied almost exactly from Shemot 23. 34:18-26 reads as follows:

18 You shall observe the Feast of Unleavened Bread eating unleavened bread for seven days, as I have commanded you-at the set time of the month of Abib, for in the month of Abib you went forth from Egypt. 19 Every first issue of the womb is Mine, from all your livestock that drop a rnale as firstling, whether cattle or sheep. 20 But the firstling of an ass you shall redeem with a sheep; if you do not redeem it, you must break its neck. And you must redeem every first-born among your sons. None shall appear before Me empty-handed. 21 Six days you shall work, but on the seventh day you shall cease from labor; you shall cease from labor even at plowing time and harvest time. 22 You shall observe the Feast of Weeks, of the first fruits of the wheat harvest; and the Feast of Ingathering at the turn of the year. 23 Three times a year all your males shall appear before the Sovereign LoRD, the God of Israel. 24 I will drive out nations from your path and enlarge your territory; no one will covet your land when you go up to appear before the LoRD your God three times a year. 25 You shall not offer the blood of My sacrifice with anything leavened; and the sacrifice of the Feast of Passover shall not be left lying until morning. 26 The choice first fruits of your soil you shall bring to the house of the LoRD your God. You shall not boil a kid in its mother’s milk.[4]

Shemot 23:10-19 is starkly similar:

10 Six years you shall sow your land and gather in its yield; 11 but in the seventh you shall let it rest and lie fallow. Let the needy among your people eat of it, and what they leave let the wild beasts eat. You shall do the same with your vineyards and your olive groves.12 Six days you shall do your work, but on the seventh day you shall cease from labor, in order that your ox and your ass may rest, and that your bondman and the stranger may be refreshed.13 Be on guard concerning all that I have told you. Make no mention of the names of other gods; they shall not be heard on your lips.14 Three times a year you shall hold a festival for Me: 15 You shall observe the Feast of Unleavened Bread-eating unleavened bread for seven days as I have commanded you-at the set time in the month of Abib, for in it you went forth from Egypt; and none shall appear before Me empty-handed; 16 and the Feast of the Harvest, of the first fruits of your work, of what you sow in the field; and the Feast of Ingathering at the end of the year, when you gather in the results of your work from the field. 17 Three times a year all your males shall appear before the Sovereign, the LORD.1B You shall not offer the blood of My sacrifice with anything leavened; and the fat of My festal offering shall not be left lying until morning. 19The choice first fruits of your soil you shall bring to the house of the LoRD your God. You shall not boil a kid in its mother’s milk.

The similarities between these two passages, and their respective contexts, tells us quite a bit about Chet HaEgel, but the differences tell us even more. First and foremost is the stark lack of a repetition of Shemot 21:1-23:9 before the passage in Ki Tisa. Those two and a half chapters, the majority of Parashat Mishpatim, form the bulk of the terms of the original covenant. The commandments of verses 23:10-18 are a ritualistic, ‘א-focused capstone to an otherwise essentially moralistic covenant. In Chapter 34 this moral foundation is missing; The focus is entirely on commandments that Man fulfills for ‘א. Analysis of one of these commandments in particular highlights this difference. The commandment of Shabbat appears in both 23:12, as “Six days you shall do your work, but on the seventh day you shall cease from labor, in order that your ox and your ass may rest, and that your bondman and the stranger may be refreshed,” and 34:21, as “Six days you shall work, but on the seventh day you shall cease from labor; you shall cease from labor even at plowing time and harvest time”, and the difference between them is startling. In 23:12 the commandment is accompanied by the explicit stating of its purpose, namely giving rest to slaves and work-animals. This is one of two places in Chumash where the moral aspect of Shabbat is emphasized[5]. In contrast, 34:21 has no explicit rationale. Where one pasuk specifically emphasizes morality, the other pasuk very noticeably does not. These commandments have been copied from the original covenant to the new one, and this tells us something incredible about the new covenant, and the nature of Chet HaEgel.

Chet HaEgel was not a moral sin. The people do not compromise on ethical values. The wronged party was not man but ‘א. This is obvious from the fact that really they are just worshiping an idol[6]. This is also seen from the effect of the sin. This does not mean the breaking of the tablets by Moshe or the slaughter of the transgressors at the hands of the Levi’im, but rather to the pericope of 33:7-11. In these verses, the “Tent of Meeting”[7] is moved outside the camp. Whereas generally ‘א’s presence rests in the midst of the people, it now stays beyond the boundaries of the camp, and that’s where Moshe has to go to speak with ‘א. Chet HaEgel specifically rejected the relationship between the people and ‘א that was forged at Sinai, and ‘א cannot tolerate His presence dwelling in their midst. This is specifically what the new covenant was coming to fix. The people have the ethical part of being ‘א’s nation down, they just need to work on the ‘א part.

Judaism has long been identified with repetitive and ritualistic actions. The Mishkan and all of its accompanying laws are a great example of this. This leads many people to protest, saying things like, “Isn’t it enough to just be a good person?” and “Morality is the important part anyway, right?”. While perhaps the main message of the Literary Prophets (Everything from Yeshayahu through Zekharia) is the importance of Morality, even over ritual, these protests miss the point of the Torah. The Torah was not given to make Man moral. Rather it expects man will be moral. The Torah itself attests to the fact that men can and will be moral in the absence of revelation[8], and that ‘א expects no less of us[9]. The Zohar goes so far as to suggest that if all that the Torah was meant for was to teach ethical lessons, then anyone in the world could have written it, perhaps even better than in its current form[10]. The Torah is more than just a book of moral instruction. The Torah is a book about how to live in the Presence of ‘א. While it’s true that ‘א’s Presence will not tolerate immoral behavior, living a godly life means going beyond simply being moral and moving into the realm of the Holy. Morality is the starting point of the Torah, rather than its end goal. Chet HaEgel demonstrated that Bnei Yisrael, while capable of being moral, had missed the fact that they were expected to be more, that they were , and are, expected to be a nation living in the Presence of ‘א.

 

[1] In Akkadian and Ugaritic texts ‘to break the tablet’ is a legal phrase meaning to cancel or nullify a contract.

[2] BT Rosh Hashanah 17b. For a comprehensive list of the different ways commentators have broken up the thirteen attributes, including some that include “visits the iniquity of parents upon children and children’s children, upon the third and fourth generations” amongst the thirteen, see the Steinzalt edition of BT Rosh Hashanah.

[3] See the Rashbam on the purpose of the Egel, as well as Nahum Sarna, Exploring Exodus, and Rav Amnon Bazak, Nekudat Petihah. It seems likely that the Egel, rather than replacing ‘א was meant to be seen as his resting place, much like the Keruvim. This explains why Aharon so readily agreed to make it, as well as why he says that the next day will be a celebration not for the Egel, but for ‘א. This explanation requires explaining Aharon’s statement of “This is your god, O Israel, who brought you out of the land of Egypt!” (32:4) as referring to ‘א’s presence above the Egel, while the people’s simultaneous statement of the same is referring to the Egel itself. While this is difficult, especially in light of the plural nature of Aharon’s statement, it does seem to fit best with both the situation and the cultural milieu of the Ancient Near East.

[4] Translations from the Jewish Study Bible.

[5] The other is in Sefer Devarim, verses 5:12-15, during the repetition of the Ten Commandments.

[6] For a differing view, see Rashi to 32:6 s.v. to dance, based on  Bereishit 39:17.

[7] The phrase “אהל מועד” normally refers the Mishkan, but it cannot mean that here due to the Mishkan not being built yet. Thus it is generally understood to mean Moshe’s personal tent, where he met with ‘א before the construction of the Mishkan.

[8] Malkitzedek was clearly considered righteous according to the Pshat, and the Midrash expands on this. Nimrod seems textually to have been considered righteous, though the midrashim say otherwise.

[9] This is implied by any story wherein we find punishment without revelation, such as the Flood narrative or the Tower of Bavel.

[10] Zohar, Parashat Beha’alotkha, 152a

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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

Parashat Shoftim 5774 – On National Unity and Self-Criticism

וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ

 

Parashat Shoftim begins by introducing the leadership of the judges and officers of the Nation of Israel (Devarim 16:18). The rest of the parashah is spent discussing various legal situations, when it is appropriate to go to which leaders, such as the King, whose position and laws are also introduced (17:14-20). The first case introduced is the case of an idolater found “in the midst of” the people, who is to be executed if his transgression is attested to by at least two witnesses (17:2-7). This case is closed by a final condition of the execution, namely, that it has to be initiated by the witnesses. “The hand of the witnesses shall be upon him first to put him to death, and afterward the hand of all the people” (17:7). This condition seems a bit odd. The witnesses just did a favor, of sorts, for society by enabling the functioning of the judicial system, and suddenly they are saddled with additional, not to mention unpleasant, responsibilities. A similar situation is found in 13:7-12, where a person’s closest companion suddenly attempts to draw them into idolatry, and not only do they have to ensure that the person is killed, but they have to strike first. “For you shall surely kill him; your hand shall be upon him first to put him to death, and afterwards the hand of all the people” (13:10). Both of these oddities, however, can be explained by taking a look at some larger linguistic phenomenon, and the ideas they introduce, throughout the laws of Parashat Shoftim and Sefer Devarim.

This is perhaps best demonstrated by the archetypical legal case, introduced almost immediately after the command to appoint officers and judges in 16:18.

If there is found in your midst, within any of your gates which the Lord your God gave you, a man or woman that does that which is evil in the sight of the Lord your God… and it is told to you, and you hear it, then you shall inquire diligently, and, behold, if it is true, and the matter is certain that such abomination was done in Israel; then you shall bring forth that man or that woman, who has done this evil thing, to your gates and you shall stone them with stones, the man or the woman, that they die. By the mouth of two witnesses, or three witnesses, shall he that is to die be put to death; at the mouth of one witness he shall not be put to death. The hand of the witnesses shall be upon him first to put him to death, and afterward the hand of all the people, and you shall burn the evil from your midst. (17:2-7)

The first thing that’s notable here is that in contrast to the discussion of the judicial system as it is described in Shemot 19, the case does not begin with the bringing of a query before the judge, but with a wrongdoer that is “found” in the midst of the people. Only when the case cannot be solved is it taken to higher authorities to adjudicate (17:8-13). This is connected to one of the unique features of Sefer Devarim’s style, the emphasis on things happening “בִּשְׁעָרֶיךָ,”“in your gates.” The word “שְׁעָרֶיךָ” shows up exactly one time in the Torah outside of Sefer Devarim, in Shemot 20:10, whereas in Sefer Devarim alone it shows up a grand total of twenty-seven times. The laws of Sefer Devarim put a lot of emphasis on the way things will occur at the various Israelite towns and cities throughout the Land of Israel. This is due to the focus on centralization that simultaneously appears in the laws of Sefer Devarim, as shown by the predominance of the phrase “הַמָּקוֹם אֲשֶׁר יִבְחַר יְ׳הוָה,” “the place that ‘א will choose.” All of the proper judicial and religious institutions are located at one central location, which is something that works fine when you’re traveling in the desert, but not when you’re scattered in permanent cities throughout the Land of Israel. Thus Sefer Devarim indicates that the legal system, rather than being a matter of top-down enforcement, is something that has to come from the people. The people are responsible for making sure that the laws are enforced and that the system works.

Intimately related to this is the way that many of the legal cases of Sefer Devarim conclude with the rather unique phrase, “וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ,” “And you shall burn the evil from your midst.” In the basic legal case from 17:2-7, this phrase appears at the very end of the passage, but it also referenced at the very beginning with the phrase, “כִּי-יִמָּצֵא בְקִרְבְּךָ,” “If there is found in your midst.” Barring a few slight differences, the phrase “וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ” appears 10 times throughout chapters 13-24 of Sefer Devarim, in a variety of legal contexts, from idolatry (13:6) to the judicial process (17:12; 19:18) to kidnapping (24:7). Bnei Yisrael are one nation with one “midst,” and where evil is allowed to fester, the nation rots from within. The purpose of the judicial system is maintaining the legal and moral uprightness of the Nation of Israel[1]. Justice isn’t about ‘א, it’s about national integrity. Part of maintaining an upright and lawful nation is making sure that evil is not allowed to fester and grow within the heart of the society.Caring for the Nation of Israel is not a task relegated to it’s leaders. The unity of the nation that requires each citizen to be responsible for the whole. Therefore, when a person is confronted with such evil, they cannot simply ignore it, but instead they must stand up and confront it, as each person is responsible for this. It is this incredible responsibility that is the basis for the law of “The hand of the witnesses shall be upon him first to put him to death, and afterward the hand of all the people” (17:7). When a person “finds” (17:2) evil in the midst of the nation, they are responsible for ensuring it is removed.

It is unfortunately clear that the Jewish People enjoy no innate moral superiority. Our communities certainly have our share of issues. This doesn’t make us bad, it just makes us human. The responsibility is on us however, to stand up for how great our society can be. Achdut and Ahavat Yisrael are not reasons to shy away from being self-critical as a nation, they are reasons to embrace being self-critical. In Sefer Devarim the responsibility of the individual is emphasized due to the physical remoteness of the Judicial system; In our times, we don’t even have a proper Judicial system to be distant from[2]. Our Ahavat Yisrael, our sense of national unity, should motivate us to try and drive the Nation of Israel to new heights of morality, not to withhold our critiques. We are our brothers’ keepers, and we all bear a responsibility for the nation. Simultaneously, any self-critiques of the Nation of Israel must be motivated by a sense of unity and love. We are our brother’s keeper exactly because they are our brothers. Driving Bnei Yisrael to be the best can be is a communal act of love. The prophets were perhaps the best example of an authority attempting to improve the moral nature of Israel and, on the whole, they failed dramatically. Despite the public recriminations of the prophets, Bnei Yisrael did not repent. Top-down enforcement has never effected great change in Israel; It is average people creating a moral atmosphere in their daily lives that awakens the heart of the nation. If we want to truly be a Kingdom of Priests and a Holy Nation (Shemot 19:6), we have to do our part to make sure that the nation lives up to the moral and legal requirements of ‘א’s Covenant.

 

[1] Notably, when the judges and officers are appointed (16:18-20) in this context, the reason given for avoiding bribery is that it corrupts the wise and the sagely, as opposed to at the beginning of Sefer Devarim where the reason is that Justice belongs to ‘א, and so to corrupt it is to corrupt that which is His (1:17).

[2] This is in terms of a Bet Din system, of which we have a facsimile today, but we lack authentic judicial leadership. Secular courts are a separate issue.