English translation — משפטים ב

A.

At the conclusion of the series — after the Torah finishes "Parshat Dinin"¹

(and the section "Hinei Anochi Sholeiach Malach etc."²

( — the Torah relates³

: "And to Moshe He said, Ascend to Hashem etc."

Rashi stands on the words "And to Moshe He said, Ascend" and explains: "This section was said before the Ten Commandments, and on the 4th of Sivan it was said to him, Ascend."

That is, that the section stands here not in its place.

The necessity in the simple meaning of Scripture

to say that "this section was said before the Ten Commandments"

— and not

(as several simple-interpreters of Scripture learn)

that the section is

said

(in its place)

after the giving of the Torah and it speaks about the ascent of Moses to God after the giving of the Torah — is

as the commentators say:

(a)

from the language of the verse⁸

— "And to Moses He said, 'Ascend to the Lord,'"

not "And the Lord said to Moses, as is the custom of the verse in the other places" — it implies,

that "He had already said before these portions above."

(b)

from the content of the portion⁹

— the matter

From "our fathers entered into the covenant"¹⁰,

which is told in the parshah,

is a thing that reason obligates that they did it <b>before </b>they received the Torah as a preparation for it.

It is however difficult: although Rashi brings

(and in several places)

the principle¹¹

that "there is no earlier and later in the Torah",

it is however understood,

that one says this only — where there is no choice,

and that there must be some <b>reason </b>for this change of order¹².

And as one finds in Rashi's commentary and for example on the verse¹³

"And Terach died in Charan",

that after Rashi explains that Terach's death was "after Avram left Charan etc."¹⁴,

he continues <b>and asks</b>¹⁵

— "<b>And why </b>did the scripture place Terach's death before Avram's departure etc."

must understand in the matter at hand: why should the section "And to Moses He said, 'Ascend'" — which was said "before the Ten Commandments and on the 6th of Sivan" — stand &lt;b&gt;not &lt;/b&gt;in its place,

only at the end of the portion of Mishpatim&lt;sup&gt;16&lt;/sup&gt;?

And in particular,

that according to this it turns out that the continuation of the narrative about the Giving of the Torah and the preparations for it is seemingly in a very perplexing manner&lt;sup&gt;17&lt;/sup&gt;

In Parshas Yisro it is told about the preparations for Matan Torah from "the second day"¹⁸

from "the third day"¹⁹,

and a <b>part</b> of "the fourth of the month"²⁰

(including — the command of Hashem regarding "separation and restriction"²¹

: ויקדש את העם גו׳ ויאמר אל העם היו נכונים גו׳ אל תגשו גו'²²),

and afterwards — about Matan Torah on the <b>sixth</b> day

(or seventh)²³

of the month; and about the saying of Hashem to Moshe <b>afterwards</b>²⁴.

And at the end of Parshas Mishpatim the Torah returns to the events of <b>4</b> Sivan

and "all the judgments — the 7 commandments etc. and Shabbos etc. that were given to them in Marah"²⁵]

and to the fifth²⁶

(2 Sivan),

of Sivan?

2.

Another opinion in the order of the portions according to Rashi's commentary:

The aforementioned simple commentators

(who learn that the portion was said after the Giving of the Torah)

say,

that what is written further²⁷

"And Moses came and told the people all the words of the Lord and all the judgments" refers to the judgments and laws of <b>the portion</b>

(portion Mishpatim),

which were told to Moses "on that same day" of the Giving of the Torah²⁸

(and Moses immediately thereafter transmitted them to the Jews).

But Rashi in his commentary on the Torah explains²⁹,

that "the statutes and the judgments that are in these judgments" were said to Moses in the forty days

(the first ones)

when he was <b>on the mountain</b> —

And according to this explanation of his it turns out,

that between the two accounts

(about the <b>preparations</b>

(until the fifth of Sivan)

for the giving of the Torah)

the Torah interrupts not only with the preparations for the giving of the Torah from the <b>sixth</b> of Sivan and the giving of the Torah,

but also with many matters that the Almighty told Moses during the <b>forty</b> days after that³⁰

Even more: after all these laws and judgments

(from the portion of Mishpatim)

and after

The passage "And to Moses He said, 'Ascend to Hashem'" is related at the end of the series³¹

"And Hashem said to Moses, 'Ascend to Me to the mountain and be there, and I will give you the tablets of stone, etc. ..

And Moses arose ..

And he ascended ..

to the mountain, and Moses was on the mountain forty days and forty nights."

What this was again

(as <b>Rashi</b>³²

says)

<b>Immediately</b> "after the giving of the Torah."

— it comes out

(according to Rashi),

that also the continuation of the topics of this time — the ascent of Moses to the mountain after the giving of the Torah

(and his being there forty days)

is interrupted in the Torah with a matter from an earlier time: earlier the Torah tells about the statutes and judgments that the Almighty told Moses in the forty days on the mountain³³,

and afterwards

(after interrupting with the section — from <b>before</b> the giving of the Torah — "And to Moses He said, 'Ascend'")

— the command "Ascend to Me to the mountain" to receive the tablets,

and how Moses fulfilled the command.

3.

And one can say the explanation in this:

At the giving of the Torah, two matters opened up: a)

The Most High gave the Torah — the commandments and laws of the Torah — to Jews.

Jews became through this <b>servants of God</b>,

and as it is written³⁴

"You shall serve God on this mountain,"

and in the language of Rashi³⁵

that Jews became "<b>subjugated to Me</b>".

And both details the Most High emphasized immediately in the first speech to Moses "in the Sinai desert"

(on the second of Sivan¹⁸)

— "Thus³⁶

you shall say etc. You have seen etc. And now if you hearken you shall hearken to My voice and keep My covenant, you shall be to Me a treasure etc."; that from Jews is demanded:

(a)

"Hearken you shall hearken to My voice" — to obey the commands of God.

b)

(b)

"And keep My covenant

(that I will cut with you concerning the observance of the Torah³⁷

(" — that this is in a manner of <b>covenant</b>.

Jews <b>bound</b> themselves with the Most High,

"subjugated to Me".

And this is the content of the difference between the two portions

(regarding the preparations for the giving of the Torah)

— Portion of Yitro and our portion:

In the portion of Yitro it speaks

(mainly³⁸

( about the <b>giving of the</b>

(<b>commandments</b>)

the Torah — the Ten Commandments,

— which is a direct continuation to the giving of the Torah,

as the verse says⁴⁰

"You have seen etc. You shall not make with Me etc. An altar of earth you shall make etc."].

And therefore,

also in the narrative of the preparations for the giving of the Torah it speaks

(mainly)

about the <b>commandments</b> which the Almighty gave to the Jews as a preparation for the giving of the Torah — the commandment of separation and boundary

and similarly how Moshe transmitted them to the Jews].

But not in Parshas Mishpatim it speaks about the second matter in the giving of the Torah — the &lt;b&gt;covenant&lt;/b&gt; between the Most High with the Jews,

through which Jews became "subjugated to Me".

Which this came about through the details

(actions)

which are related &lt;b&gt;here&lt;/b&gt;&lt;sup&gt;41&lt;/sup&gt;

: the saying of Naaseh&lt;sup&gt;42&lt;/sup&gt;

(and Naaseh veNishma)

— the &lt;b&gt;acceptance&lt;/b&gt; of the Jews,

the writing of the book of &lt;b&gt;the covenant&lt;/b&gt;,

the building of an altar and the offering of sacrifices,

the sprinkling of blood&lt;sup&gt;43&lt;/sup&gt;.

is because of a matter that was renewed in it&lt;sup&gt;44&lt;/sup&gt;,

the detail of the saying of "Naaseh" — the acceptance of the Jews,

that they are ready and subjugated to accept upon themselves "the words of the Lord".]

D.

With this is answered &lt;b&gt;simply&lt;/b&gt; the continuation of the order of the portions and the matters in the sedras:

Earlier in the Torah stands that which pertains to the first matter in the Giving of the Torah and in completeness — the giving of the commandments and the laws of the Torah: the commandments as a preparation for the Giving of the Torah

(the commandment of separation and boundary)

; the Giving of the Torah

(the Ten Commandments)

; "the section of the altar"

(which comes immediately after the Giving of the Torah as mentioned above),

and "And these are the judgments" — the laws of the Torah that the Almighty taught with Moses on the mountain during the forty days⁴⁵.

And after the Torah <b>concludes</b> the first matter in the Giving of the Torah,

the Torah begins to detail that which has a connection to the second matter in the Giving of the Torah⁴⁶

— the covenant of the cutting.

Based on this it is also answered why the Torah divides the narrative about the ascent of Moshe to the mountain after the Giving of the Torah

(as above end of section b)

— because also in the forty days when Moshe was on the mountain there were these two matters:

(a)

The Most High taught Moshe "the statutes and the judgments,

which are the judgments"

(as above).

(b)

"And I will give you the tablets of stone etc."

that the purpose of the giving of the tablets is simply

(not in order to study in them,

but)

that which they are "tablets of testimony",

"tablets of the covenant"

: they serve as a testimony on the covenant that the Most High made with Jews at the Giving of the Torah

(on the observance of the Torah).

And with this it is understood what the first matter mentioned above

(in the forty days)

— and these are the judgments etc. — is told in continuation of the Ten Commandments and the section of the altar; and the matter of "Ascend to Me to the mountain etc. and I will give you the tablets of stone etc." — in connection with the second matter in the Giving of the Torah

(the making of the covenant).

5.

And one may say,

that the distinction mentioned above Rashi indicates precisely in his language — "And to Moses He said &lt;b&gt;Ascend&lt;/b&gt;,

this section was said earlier

<b>The Ten Commandments</b>",

at first glance:

(a)

Why does Rashi copy in this discourse-beginning also the word "ascend"?

It would at first glance have been sufficient to copy "And to Moses He said"

(or only — "And to Moses" — since he continues "this section",

and "it was said")?

(b)

What is the reason that he uses the expression "before <b>the Ten Commandments</b>" and not "before the giving of the Torah"⁵⁰?

Moreover: in his commentary on the Talmud⁵¹

Rashi indeed says the expression "And to Moses He said: Ascend etc. ..

before <b>the giving of the Torah </b>was said".

These two aforementioned points are even more prominent,

when one compares Rashi's language on this verse with Rashi's language on the following verse⁴⁷

"And the Lord said to Moses: Ascend to Me to the mountain" — there Rashi says: And the Lord said to Moses — after the giving of the Torah: a)

Rashi there does <b>not</b> quote "Ascend",

and b)

says "<b>the giving of the Torah</b>",

not "the Ten Commandments"⁵²

According to the above, one can say: thereby Rashi indicates that with this section begins the story of the <b>second</b> matter in the giving of the Torah; and this is what Rashi emphasizes "this section was said before the <b>Ten Commandments</b>": thereby Rashi means to say not only <b>when</b> this was said,

but also⁵³

to say that the section — "And to Moses He said, 'Ascend'"

(and its content)

was said before the first matter mentioned above in the giving of the Torah began — the <b>Ten Commandments</b>.

And therefore Rashi also quotes

(in the heading)

the word "עלה" — because &lt;b&gt;this &lt;/b&gt;is the content of "this section",

as Moses "ascended" "to the Lord",

Moses and Aaron, Nadav and Avihu, and seventy of the elders of Israel.

And they saw the God of Israel, etc.",

and also the following section — "And said&lt;sup&gt;31&lt;/sup&gt;

the Lord to Moses &lt;b&gt;Go up &lt;/b&gt;to Me etc. &lt;b&gt;And went up &lt;/b&gt;Moses etc."],

What this is, the content of the second matter in Matan Torah,

that through the making of the covenant Jews become "oleh" and become &lt;b&gt;bound&lt;/b&gt; to the Above

("And you shall be to Me a treasure etc."&lt;sup&gt;55&lt;/sup&gt;),

connection and "aliyah" to Hashem,

"And You will raise us up."

6.

According to the above explanation in the order of the portions of Matan Torah,

one can also explain the reason for the order of the portions after our parshah:

According to Rashi's method in his commentary on the Torah&lt;sup&gt;56&lt;/sup&gt;

the command of G‑d regarding the work of the Mishkan — the portions of Terumah and Tetzaveh

(and the beginning of Parshat Tisa)

— was said &lt;b&gt;after &lt;/b&gt;the incident of the Golden Calf,

but in the Torah it is written earlier,

as per the principle "there is no earlier and later in the Torah."

— based on the above

(section a)

one must therefore have an explanation: why does the Torah precede to write the command regarding

The work of the Mishkan before the incident of the [Golden] Calf?

Thus this is understood according to the explanation above: The Torah wants to juxtapose the sections of the command of the work of the Mishkan to the conclusion of our parshah⁵⁷

that the conclusion of Parshas Yisro has a

(juxtaposition and)

connection with the beginning of Parshas Mishpatim],

where it speaks about the second matter in the Giving of the Torah — "And to Moshe He said, &lt;b&gt;Ascend to Hashem&lt;/b&gt;".

Because the &lt;b&gt;conclusion &lt;/b&gt;and perfection of &lt;b&gt;that &lt;/b&gt;matter in the Giving of the Torah — the covenant and connection between Jews and the Almighty — was achieved through the making of⁵⁸

the Mishkan⁵⁹,

"And they shall make⁶⁰

for Me a Sanctuary &lt;b&gt;and I will dwell in their midst&lt;/b&gt;"⁶¹.

7.

The explanation of this in the inwardness of the matters:

It stands in the Midrash⁶²,

that at the time of the Giving of the Torah two matters opened up: "the upper ones descended to the lower ones" — "And the Lord descended upon Mount Sinai"⁶³,

the revelation of G-dliness from above to below; and "the lower ones ascended to the upper ones" — "And to Moses He said, Ascend to the Lord",

the ascent of the lower one upward.

And this is the difference between the two portions regarding the Giving of the Torah — Parshas Yisro and Parshas Mishpatim: In Parshas Yisro it speaks mainly about the Giving of the Torah as it is from the side of "the upper ones" — "And Hashem descended upon Mount Sinai,"

And G-d spoke etc. — the Ten Commandments etc.; in our portion it speaks

(mainly)

about the Giving of the Torah as it is from the side of the "<b>lower ones</b>" — "<b>Go up </b>to Hashem"⁶⁴

: the preface of "we will do" to "we will hear,"

<b>Building </b>the altar and offering sacrifices⁶⁵,

cutting of the covenant etc.

The difference between the two matters in the Giving of the Torah is: the <b>revelation </b>the immense

(from above)

at the time of the Giving of the Torah: the Throne of Glory descended

(the Chariot),

hearing from the Mouth of the Almighty etc. was temporary; but not so the ascent of the lower one

(the Jews)

that took place at the time of the Giving of the Torah — that Jews are

become servants of Hashem and thereby elevated,

"and You will raise us" — is an eternal matter: since this came from the side of the &lt;b&gt;lower ones themselves&lt;/b&gt;,

it became &lt;b&gt;fixed&lt;/b&gt; in them in a pnimiyus.

And this is also the explanation in the juxtaposition of the sections from the command of the work of the Mishkan to the &lt;b&gt;second&lt;/b&gt; matter mentioned above in Matan Torah,

"And to Moshe He said: Ascend to Hashem" — because the activity of the dwelling of the Shechinah in the Mishkan relative to the dwelling of the Shechinah at the time of Matan Torah is

(as discussed at length once&lt;sup&gt;66&lt;/sup&gt;)

The indwelling of the Shechinah in the Mishkan came through "&lt;b&gt;And they shall make &lt;/b&gt;Me a Sanctuary"&lt;sup&gt;67&lt;/sup&gt;,

through the making of the Children of Israel.

And since the indwelling of the Shechinah came through the making of man,

the holiness became &lt;b&gt;fixed &lt;/b&gt;in the object

(physical)

of the Mishkan

because Mount Sinai returned as before,

secular].

And the concept

(of the &lt;b&gt;making &lt;/b&gt;of the Mishkan)

is a continuation of the "lower ones shall ascend to the upper ones" of the Giving of the Torah,

whose perfection is,

that it also acts in the revelation of G‑dliness from above downward,

that the "And I will dwell in their midst" which comes through "And they shall make Me a Sanctuary" is in a manner of permanence,

eternity.

(From the sicha of Shabbos Parshas Mishpatim 5743)