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Toward the end of our parsha (Mishpatim), we find a verse that seems out of place: “And Moshe wrote all of the words of G-dŔ (Ex. 24:4). The verse seems out of place because the Torah (the ultimate “words of G-d”) was already received in the previous parsha (Yitro), and our parsha deals with details of some of the laws contained in the Torah. Obviously, we know that these laws were to be committed to writing, either in the course of the Jews’ sojourn in the desert (according to one opinion), or at the end of their journey (according to the second opinion). So, what does the verse add to our knowledge by telling us that “Moshe wrote down the words of G-d”?
Moreover, according to Rashi, the events recorded here at the end of Mishpatim took place before the Torah was given, as the Jews camped at Mt. Sinai. Since the Torah was not yet given at that stage, it would not have been possible for Moshe to write them down, as of yet. (Ramban and others, however say that the end of our parsha, including the verse mentioned above, took place after the giving of the Torah, not before). So, what exactly are “the words of G-d” that Moshe wrote down?
Rashi explains what Moshe wrote down; “From Genesis until the giving of the Torah, and he wrote the mitzvoth that were commanded at Marah.” The mitzvoth commanded at Marah, approximately a month before the Torah was given, included the red heifer, honoring one’s parents, Shabbat, and the civil laws that appear in our parsha. However, from where did Rashi pull this explanation? Rashi set as his task to explain all of the words of the Torah according to their simple meaning. What forces him to explain that “all the words of G-d” in our verse refer to the historical events that occurred up to the giving of the Torah and the specific mitzvoth that were given at Marah? Moreover, one verse earlier (in 24:3), Rashi explained that the words, “all the mitzvoth” applies the commands issued to the Jews at Mt. Sinai in order to prepare them to receive the Torah (prisha and hagbala). So, why does Rashi now explain that they apply to a different set of words?
Looking in the rabbinic literature from where Rashi often draws his explanations, we find three opinions in the Mechilta regarding what constitutes “all of the words:” R’ Yosi b’ R’ Asi says ‘from Genesis until the present,’ Rebi says ‘the mitzvoth that Adam was commanded and the mitzvoth of the bnei Noach and those commanded in Egypt and at Marah and all of the rest of the mitzvoth,’ and R’ Yishmael says ‘from the commandments regarding the Sabbatical year and the Jubilee, including the blessings and curses, through the rest of the Torah.Ҕ So, it would appear that Rashi combines the first two opinions, of R’ Yosi and Rebi. However, it is difficult to claim that the Mechilta is the source for Rashi’s explanation, because in truth the Mechilta was written regarding another verse, a little bit later in our parsha; “And he took the book of the covenant and read it in the ears of the nation” (Ex. 24:7). This verse discusses what Moshe read to the nation, not what he wrote down. It is entirely possible that he did not read all that he wrote. So, we return to the question, what forced Rashi to explain that the “book of the covenant” that Moshe wrote included “all of the events from creation, as well as the commandments at Marah”?
The explanation will become clear as we look more precisely at Rashi’s words. He says, “And Moshe wrote – from Genesis until the giving of the Torah, and he wrote the mitzvoth that were commanded at Marah.” Why was it necessary for Rashi to divide his explanation into two different sections – first of all from Genesis, then to repeat the words “and he wrote” and then to follow that up by writing “the mitzvoth that were commandedŔ Seemingly, it would have been sufficient to simply add the word “and” to join the two sections of his explanation, “the events from Genesis until now and the mitzvoth from Marah.” The fact that Rashi divided his explanation into two sections implies that he was referring to two different types of “writings” into his explanation.
Now, regarding this particular set of verses that occur at the end of our parsha (Ex. 24:1-18), there is a difference of opinion among earlier commentators as to when they actually occurred. According to Rashi, our verse (Ex. 24:4) occurred before the giving of the Torah. It occurred on the fourth day of Sivan – that was when Moshe wrote down “all of the words.” Therefore, “all of the words” must have referred to events that occurred before the giving of the Torah, from Genesis until Marah, according to Rashi. However, according to Ramban and others, our verse occurred after the Torah was given, and all that was said there – “You have seen that from the Heavens I have spokenŔ including all of our parsha, occurred after the Torah was given. That is why Ramban explains that our verse, “And Moshe wrote all of the wordsŔ applies to events that occurred after the giving of the Torah.
This difference of opinion has implications for the “book of the covenant” that was read aloud by Moshe to the people (in 24:7). The verse says, “And he took the book of the covenant and read it in the ears of the nation, and they all said, ‘all that HaShem spoke, we will do and we will understand.” There as well, Rashi repeats his explanation (of verse 4), that the book of the covenant included everything from Genesis up to the giving of the Torah. This was the same “covenant” that Moshe wrote down in earlier; in verse four he wrote it down, and in verse seven, he read it to the people. So, why was it necessary for Rashi to repeat his explanation? It should have been sufficient to state the explanation in verse four and it would have been understood what Moshe later read to the people in verse seven.
The purpose of a covenant is to strengthen and reinforce the connection between the parties to the covenant – in this case, between G-d and the Jewish people. And since, according to Rashi, Moshe wrote “all these words” before the Torah was given, they could only have included events that occurred before that point. That is what forces Rashi to explain that the words of the covenant were about what took place before the giving of the Torah, meaning the historical narrative and the recently given commandments at Marah. This covenant was necessary to strengthen and reinforce the Jews. It strengthened their resolve and prepared them to receive the Torah. As preparation for the actual giving of the Torah, Moshe wrote down and read the events to the Jews before the Torah was given. But, according to the Ramban, the covenant was written down and read in order to strengthen the Jews in the words of G-d after the Torah was given.
Now, we can understand why Rashi divided his explanation into two sections; one, regarding the events from Genesis and onward and the other regarding the commandments at Marah. The events from Genesis and onward were written down as a narration and history of what occurred up until the Torah was given. There was no reason for Moshe to change this writing when he ultimately wrote down the Torah. Even though according to Rashi, the “book of the covenant” was for purposes of strengthening the Jews before the Torah was given, nevertheless, it is logical to assume that the same history and narration, in the same words, was what Moshe wrote into the Torah. However, the mitzvoth that were written down at Marah were not a narration, but instructions. The commandments at Marah – Shabbat and honoring one’s parents and the red heifer and the civil laws of Mishpatim – were probably not written in the same form later, when Moshe wrote down the Torah. By way of example, regarding the red heifer, the Torah writes, “This is the law of the Torah.” Moshe would not have written such words before the Torah was given. Logically, then, Moshe must have first written down the content and subject of the mitzvoth, and only later written all of their details.
In all likelihood then, unlike the historical narrative, the mitzvoth preceding the Torah were not written in the same fashion as later when Moshe later wrote the entire Torah. As Rashi implies, Moshe “wrote the commandments” (and not “wrote the Torah”) at this stage. He most likely recorded their subject and content, but not all of their legal details, as they would later appear in the Torah.
This distinction between before and after the giving of the Torah must have permeated all of Moshe’s writing. Before the Torah was given, there were two categories; the historical events that occurred, and the commandments that were given in Marah. Logically, then, there were two aspects to Moshe’s writing – the historical narrative and the legal commandments. However, after the Torah was given, there was no longer any reason to distinguish between the two of them; at that point Moshe wrote down the commandments as sections of the Torah, just as he wrote the historical narrative. After the giving of the Torah, the mitzvoth were incorporated into the Torah as sections of the Torah, not as separate instructions.
So, when it came time to read this “book of the covenant” to the Jews, it is understood why Rashi found it necessary to explain a second time (in verse 7) that it included “all that occurred from Genesis until now, and the mitzvoth at Marah.” Since the covenant was called a “book” (in the singular), we might have concluded that it included only one of the two categories; either a narrative or the commandments. Therefore, Rashi repeated what he already explained earlier (in verse 4) that it included both categories, since it took place before the giving of the Torah. The writing of the historical narrative (later included “as is” in the Torah), gave rise to the obligation to learn and study the Torah. And the writing of the mitzvoth (later included but in a different fashion in the Torah) gave rise to the need to learn the Torah in order to know what to do. So, according to Rashi, the book of the covenant included two categories; learning and studying the Torah (as associated with the historical narrative), and fulfilling the mitzvoth (associated with writing down the content of the commandments).
And this also lends insight into why, even before the Torah was given, the Jews said, “We will do and we will understand.” Regarding the mitzvoth that Moshe wrote down before the Torah was given, the Jews said, “We will do.” And regarding the historical narrative, the Jews said, “We will understand.” These were the predecessors of what was to come later; we are obligated to learn Torah for two reasons; to learn how to keep its instructions, and to learn the subject of Torah itself. As the Midrash tells us, the Torah is the “soul of G-d,” and it is incumbent upon the Jew to learn and internalize it.
Before the Torah was given, the divine decree separating the lower, physical from the upper spiritual realms was still in force. Since the purpose of a covenant is to reinforce and strengthen – in this case, the connection between man below in this world and G-d above – it makes a great deal of difference whether the covenant took place before or after the Torah was given. With the giving of the Torah, the divine decree was nullified, and the upper spiritual realms could descend, while the lower could ascend. But, if the “book of the covenant” in our verse was written (as Rashi says) before the Torah was given, the result was to reinforce and strengthen the Jews even before they had the ability to rise to the occasion and keep the Torah. At that point, there was no article or object (such as “the universe”) to which the covenant could apply, so it could only apply to the Jews themselves, as people. And this covenant did strengthen the Jews in their determination – but it didn’t lift them to a new existence, above and beyond creation. They remained dwellers of the lower physical word, but strengthened and reinforced in their connection to the One above.
However, according to the opinions that the covenant took place after the Torah was given, after the decree separating the two realms was nullified, then the covenant lifted the Jews to the highest possible spiritual levels, transcending creation and cleaving them to the very essence of G-dliness. But nevertheless, there is an advantage to the opinion that it took place before the giving of the Torah. If the Jews, even before the Torah was given, could reach the level of commitment to the Torah implied by the “book of the covenant,” it meant that by the time the Torah was given, they were very refined and ready to receive it. Whereas, if the covenant took place afterward it meant that the Torah was given mainly from Above, from a place beyond the creation and beyond man, leaving room to suspect that the Jews, on their own, were not yet fully developed “vessels” for the Torah.
The ultimate unity of the “higher” spiritual realms and the “lower” physical realm will occur with the arrival of the meshiach (Jewish messiah) and the building of the third Temple. At that time, man in the “lower” realm will be so refined that he will accept the Torah with a full heart and desire. And the entire universe will be permeated with the essence of the “higher” realm, while the physical universe below will express G-dliness to the naked eye.
From Likutei Sichot of the Lubavitcher Rebbe, vol. 26, pp. 145-152
Rabbi David Sterne, Jerusalem Connection in the old city of Jerusalem