Rashi-Is-Simple Mailing List (C) Dr Russell Jay Hendel, 1999 http://www.shamash.org/rashi Volume 2 Number 21 Produced Jul, 05 1999 Topics Discussed in This Issue ------------------------------ v4a19-2 MITZVAH=God-man;MISHPAT=Man-man;CHOK=Long Term... #*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#* *************************** *** READING TIPS *** *************************** IF YOU ARE IN A HURRY WE RECOMMEND THE FOLLOWING SECTIONS: * VERSE: * RASHI TEXT: * BRIEF BUT COMPLETE NARRATIVE EXPLANATION: "HOW DO I FIND QUICKLY A SPECIFIC SECTION?" ANSWER: Use your FIND menu For example: FIND VERSE: takes you to the beginning of the next section. Similarly FIND NARRATIVE EXPLANATION: takes you to the brief explanation of Rashi. "IS THERE AN EASY WAY TO GO TO EACH VERSE AND POSTING?" Yes. Use your FIND menu. "FIND #*#*#*#" takes you to the next posting #*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#* VERSE: v4a19-2 v4a19-2 This is the DECREE (CHK) of the Torah v3a18-4 And you shall watch my REGULATIONS & DECREES v3b18-4 And you shall watch my REGULATIONS & DECREES v1c26-5 ...because Abraham watched my COMMANDMENTS v1d26-5 ...because Abraham watched my ...DECREES v1e26-5 ...because Abraham watched my..TOROTH RASHI TEXT: v4a19-2 (Why is this commandment called a DECREE?) Because the other nations and Satan try to prevent the Jews from performing this commandment by saying 'What benefit does it have?'. Therefore it is called a DECREE--in other words, I have DECREED it and you cannot suspect it v3a18-4 REGULATIONS are Torah laws that deal with JUSTICE: If they had not been said we could have figured them out. v3b18-4 DECREES are Torah laws that are DECREED by God; The evil inclination asks on them 'Why do we have to watch them?'--like the Kashruth laws, the wearing of Shaatnez, the Red Heifer, etc. Therefore in the Biblical statement of laws that are called DECREE it usually ends I AM GOD: In other words it is a decree and you have no right to free yourselves from them. v1c26-5 COMMANDMENTS are Torah laws which had they not been written we could have written them ourselves---like the prohibitions on theft and murder v1d26-5 DECREES are Biblical laws that the evil inclination and the nations of the world ask us questions on (why do we do them) like the prohibitions of eating pig or of wearing shaatnez--for they have no (apparent) reason but rather are decrees of the King on his servants. v1e26-5 TOROTH refers to the PRINCIPLES in the oral law and the Sinaitically transfered laws. BRIEF BUT COMPLETE NARRATIVE EXPLANATION: These Rashis deal with the famous question: How many types of commandments are there? The simplest answer to this question is based on ancient Midrashim- There are two types of commandments: REGULATIONS which we humans would have enacted had we not been told them--for example, the prohibitions of murder and theft--and DECREES, those commandments that we would have never thought of had we not been told---like the prohibition of wearing wool and linen, or Kashruth. It is rather surprising that it was not until the 19th century that someone (Rav Hirsch) asked the simple question: How many words does the Torah itself use to describe commandments? (In the terminology of this email group, Rav Hirsch was asking for the LIST of verses where some term refers to commandments. Rav Hirsch found 6 terms--they are listed in {LIST1} with the exact Hebrew Term, our English translation, a brief description of when they occur and typical examples) The ordinary reader can stop here: Rashi simply listed the various terms referring to commandments and explained them based on the verses they occur on. Those who want a short summary can review {LIST1}. The more interested reader however is encouraged to read below Rav Hirsch's beautiful exposition of the 6 terms that refer to commandments. This exposition immediately follows.(As shown in{LIST1 only 4 of these 6 terms refer to large classes of commandments; furthermore there is a 7th term which also occasionally occurs). A description of each of these 6/7 types of commandments is as follows --MITZVAH-MISHPATIM refer to laws that humans could deduce such as giving charity, prohibiting theft etc. The MISHPATIM(REGULATIONS) refer more specifically to laws between man and man (We will refer to these as the MAN-MAN laws). Examples are theft,damages,murder etc MITZVOTH refer to rational laws between God and Man. We will refer to these as the GOD-MAN laws. An example would be the Mitzvah to bench or thank God by saying Grace after meals. This law is rational because it is rational to thank anyone for giving you something. And the obligation to thank is independent of whether God or Man gave the thing for which we thank. We may summarize the above example by observing that MITZVOTH refer to God-man laws whose rationality lies in extending man-man relations to the God-man sphere. We note in passing that in addition to its specific meaning, MITZVAH (COMMANDMENT) is the GENERIC term to refer to any commandment whether it has a reason or not (Examples are 3-4-2, 4-15-39, 5-4-5 where the reference is clearly to ALL commandments) In other words if a Biblical verse SIMULTANEOUSLY has MITZVAH & CHOK/MISHPAT that it acquires specific meaning;otherwise it acquires generic meaning. (Hence, since in 1-26-5, MISHPAT is not mentioned therefore MITZVAH refers to ANY rational commandment whether God-man or Man-man). --CHUKIM (DECREES) refer to laws which although rational nevertheless deal with LONG TERM EFFECTS.An analogy will help:The prohibition against eating poison would be a MITZVAH or MISHPAT (COMMANDMENT-REGULATION). The prohibition against overeating salt would be a CHOK--a DECREE. We understand the reason for it---if you have too much salt your blood pressure would go up and you are more at risk for a vessel breaking or having a heart attack (Because of the hearts extra work). Nevertheless, the prohibition of eating salt doesn't have an IMMEDIATE REASON--nothing bad will happen to you if you overeat salt--even if your blood pressure goes up it is still not bad but rather an indication that something bad may happen. Thus there is a reason for not eating salt but there is no immediate reason--the reason for not eating salt is because of LONG TERM EFFECTS. Another analogy might help. Everyone knows the reason for the SPEED LIMIT LAWS. If the SPEED LIMIT is say 55 mph then it was set because there is a HIGHER probability of accident if you are going, say, 70. But still, why was the SPEED LIMIT set at 55 vs 50 or 60. No matter where you set it, there is a higher probability of accident if you violate it. The truth of the matter is that the SPEED LIMIT LAW balances the two societal needs: The need to avoid accidents and the need to have fast transportation. It is not the LAW which lacks a reason it is rather the BALANCE which lacks a clear reason. We all know the reason for the LAW---if you violate it you have a higher risk of accident. But the choice of the 55 mark vs 50 or 60--it is this balance that--appears to have no reason(even though it might be based on many studies of how many accidents there were when the SPEED LIMIT is 50 or 60). The Midrash Bamidbar Rabbah applies similar reasoning to the Chukim- DECREES. It gives a list of 4 commandments that are called DECREES and have some BALANCE aspect to it. For example we all know the reason for incest laws---society must protect itself from unbridled release of sexual impulses. We also understand the need to care for widows. But how is this balanced. On the one hand I am prohibited from sleeping with my sister in law while on the other hand I can marry her if my brother died without children. It is not the law that doesn't have reason but the balance that lacks a clear reason. In summary CHUKIM--REGULATIONS deal with laws that either prevent LONG TERM EFFECTS (like overeating salt which prevents higher blood pressure) or else laws that balance a LARGE GROUP OF INTERESTS (like the SPEED LIMIT LAWS that balance the needs and skills of the entire group of drivers even though for one person the reasons may not apply). To illustrate how CHUKIM have reasons let us use the Red Heiffer. Rav Hirsch explains the Red Heiffer law as a SYMBOLIC affirmation of the eternity of man's soul. Rav Hirsch explains that when seeing a dead body the LONG TERM EFFECT would be to discourage the person from further activity in life ("after all I will soon die why should I undertake new projects...let me leave them to my children"). The Red Heiffer law symbolically affirms the eternity of the soul and mans capacity to live on after death. (Again we are not claiming that if you see a dead body you enter a state of depression any more than a doctor is claiming that if you have too much salt at one meal your blood pressure will go up. Rather we are claiming that over a LONG TERM your blood pressure will go up from salt and you will become more prone to be depressed and unable to start new projects because of the thought that all must die.) There are two serious problems with this explanation of Rav Hirsch --How could Rav Hirsch explain the Red Heiffer law if King Solomon could not explain it? --How can Rav Hirsch explain the Red Heiffer Law as having a reason if Rashi, Rambam and all Rishonim in the name of many midrashim state that CHUKIM are laws without REASON. Although the Midrash Kohelleth Rabbah says(Ecc7-23)that King Solomon could not understand the Red Heiffer law (how then could Rav Hirsch be smarter than King Solomon?) nevertheless the RaDaQ explicitly states that King Solomon's wisdom was only in scientific matters---in spiritual matters others could surpass him in knowledge---indeed, we find that Moses achieved 49 out of the 50 levels of spiritual knowledge (the highest possible for a human) thus showing that Moses surpassed King Solomon in spiritual knowledge (and similarly it is at least possible that Rav Hirsch could have attained a higher spiritual knowledge). (See RDQ on 1R3-12) In passing I take note of the importance of believing in this RDQ. For if I do NOT believe that the Red Heiffer had a reason then why should I spend my time studying it. However if I believe that Rav Hirsch discovered something that even King Solomon did not know---if I believe that the Red Heiffer contains the antitode for the depression and lack of interest in 'starting over' that comes with old age--then I will learn the Red Heiffer laws which are quite detailed and technical. In conclusion, if I believe in this RDQ and apply it to Rav Hirsch discovering something that even King Solomon did not know then I would increase the Talmud Torah I do and this increase in Talmud Torah is more important than ascribing mythical beliefs to King Solomon's intelligence. As to the question of how Rav Hirsch could contradict the Rishonim and Midrashim that the Red Heiffer law have no reason I would answer as follows: The Midrash says that MISHPATIM are laws that we could have enacted had they not been given while CHUKIM are not so. We have not contradicted this! We have explained CHUKIM to have reasons the way SPEED LIMIT LAWS have reasons or the way the PROHIBITION OF OVEREATING SALT has a reason. We have suggested that the reasons were to prevent LONG TERM EFFECTS or to deal and BALANCE the needs of LARGE GROUPS. Thus we have not CONTRADICTED the Midrash but have MODIFIED its language: CHUKIM do not have IMMEDIATE reasons but do have LONG TERM reasons. Furthermore this modification was not done arbitrarily but rather was done because of the {LIST3} of verses where CHOK occurs. It appears to me that because of these two conditions.... ---we modified, not contradicted the original midrash language ---we did so BECAUSE of a list what Rav Hirsch did is admissable. Indeed, we find throughout our Law Books that such modifications are done (infrequently under unusual circumstances). --TOROTH--As we have shown in v3-26-46, the word TORAH has 3 meanings: a) The actual Torah, b) A Chapter, c) Principles. The word TORAH occurs only in COMPLEX commandments which have many parts and subparts such as the sacrifices (eg 3-7-1, 3-7-11) In such a context the word TORAH means PRINCIPLES. In other words the commandments are so complex and structured that the Torah only gave principles from which details can be deduced. The consequences of these principles are details that can be found in the oral law as Rashi says on this verse. The preceding 4 terms---Mitzvah, Mishpat, Chok, Torah-- govern most of the Biblical commandments. However based on several verses {LIST2} Rav Hirsch suggested including the following 2 terms also: ADAH, PEKUD. As noted, in {LIST1} the Biblical verses only weakly support including these two terms--ADAH and PEKUD---for general commandments. --EYDOTH--refer to commandments whose function is COMMEMORATIVE, such as the 10 commandments on the two tablets of stone which were commemoratively placed in the ark or the various commemorative commandments that are done on Passover (2-25-16, 5-6-20). Rav Hirsch included under EYDOTH all commerorative commandments like those of the holidays. --PKUDIM--seem to refer only to commandments to Guard the temple and would correspond to the word PIKADON (Security). So the people watching the temple were SECURITY GUARDS and were protecting the PIKADON (=security=temple) entrusted to them (4-3-36,4-4-16). This would correspond to the one Biblical commandment that requires watching the temple (Rambam, Positive Commandment #22---note that the VERB used in the commandment is ShMR not PKD(4-18-2)) ---MISHMERETH--Finally for purposes of completeness we note the term MISHMERETH which occurs a few times in the Bible and seems to mean the Rabbinic commandments. These rabbinic commandments are called WATCHES because they watch the Biblical commandments Examples of the term Mishmereth occur in 1-26-5 or 3-18-30. They include both the fences that the Rabbis made for the law as well as the Sinaitically transmitted laws that were handed down to us. COMMENTS ON RASHI'S FORM: Note the variety in Rashis form: Rashi varies WHO it is that mocks at us for doing the DECREES. ---In 4-19-2 it is SATAN & NATIONS of the world that mock ---In 3b18-4 it is the EVIL INCLINATION(the nations aren't mentioned ---In 1d26-5 it is the EVIL INCLINATION & NATIONS My own opinion is that it is not the case that Rashi was careful about every word he wrote. Rather he was careful about words that relate to LISTS. Once the LIST established a theme Rashi could express that theme in any of a number of ways. Thus here---DECREES refer to laws that wouldn't have been derived by human analysis. This attribute of DECREES comes from {LIST3} of verses which list the verses where the word CHOK=DECREE occurs. They show that DECREES refer to commandments that do not have IMMEDIATE reasons. It is the establishment of this principle that is important. HOW Rashi expresses this idea may vary from verse to verse. Thus in one verse Rashi speaks about SATAN asking us 'Why do you do them?' while in another verse Rashi speaks about The NATIONS OF THE WORLD asking us 'Why do you do them?' while in still anoter verse Rashi speaks about the EVIL INCLINATION asking us. I suppose there are those who will see significance in why Rashi picked SATAN vs EVIL INCLINATION vs NATIONS OF THE WORLD.However the basic position of this email list is that Rashi's contribution lied in showing us the distinctions that emanate from Biblical lists Rashi was not that particular in the FORM by which he expressed these distinctions. Indeed, we have seen that Rashi frequently picked Gematrias and puns to express them. At any rate, whatever the reader's beliefs I bring these variations in form to everyones attention so that they may be aware that such things happen in Rashi. Those who succeed in attributing significance to them should send an email and I will be happy to post it. Finally we note that Rashi says that BOTH MITZVOTH and MISHPAT refer to commandments that 'We would have enacted had we not known about them.' Rashi, on 1-26-5 EXPLICITLY gives MURDER and THEFT as examples of MITZVOTH. But we have explained that MISHPAT refers to Man-Man commandments while MITZVOTH refers to God-Man commandments. This contradicts the Rashi on 1-26-5 that uses Murder and theft as examples of Mitzvoth. The resolution of this contradiction is clear. As footnote *1 to {LIST1} shows the word MITZVAH is BOTH a generic term for all commandments(eg 3-4-2, 4-15-39, 5-4-5) as well as a specific term for God-Man commandments (eg 5-8-1 for benching-thanking God or 3-27-34 refering back to 3-27, fulfilling vows on self worth). Since in 1-26-5 MITZVAH occurs without CHOK Rashi is correct in interpreting it generically as referring to ANY rational commandments. When however MITZVAH and MISHPAT occur together in the same verse then MITZVAH refers to God-Man Rational commandments while Mishpat refers to Man-Man rational commandments. LISTS {For ADVANCED students and for those with more time}: {LIST1} {A LIST of verses with words denoting the commandments. The 4 main words denoting Biblical commandments are MITZVAH, MISHPAT, CHOK, TORAH which cover 99% of the cases. As {LIST2} shows AYDAH and PEKUD are also used (though) rarely. Finally the word MISHMERETH is frequently used to denote Rabbinical fences and constitutes a 7th term.} HEBREW ENGLISH WHEN IS THIS TERM USED EXAMPLE ======= =========== ============================== ======== MITZVAH Commandment Man-God rational commandments Benching*1 MISHPAT Regulation Man-Man commandments Theft *2 CHOK Decree LONG TERM EFFECT commandments Passover*3 TORAH Principles Complex commandments;many parts Shlamim*4 EDAH Commemorative Only applies to Passover Holidays*5 PEKUD Guardings Only applies to guarding temple Temple*6 MISHMAR Watch Rabbinic commandments;oral law *7 FOOTNOTES *1 First, MITZVAH is the GENERIC term for commandments and can be used to refer to any commandment(eg 3-4-2, 4-15-39, 5-4-5). Second if we look at those chapters where ONLY the term commandment is used we see commandments between God and man which are rational in the sense that they treat God like a person and e.g. thank him for the food he has given us (benching-5-8-1) or the commandments regarding a person who has vowed his worth to the temple (so even though this is between God and man it is rational that the person should then be obligated to give something to the temple (see 3-27-34 at the end of 3-27). *2 2-21-1 introduces the Parshah of Mishpatim. The cases listed there are all things that you can sue for (or are determined by court): Theft, damages, animal damages, negligent leasing, loans, murder etc. Classically MISHPAT is taken to refer to man-man commandments *3 See {LIST3} for a description of the CHOK commandments. A simple example would be 2-12-14---the Passover is a CHOK a commandment with LONG TERM EFFECTS. It is not the case that if I don't observe Passover that I will leave Judaism. But rather if I continually do not observe Passover then there is a higher probability of me or my children leaving Judaism (An analogy can be made with overeating Salt. If I overeat salt I do not become sick immediately; rather over a long period of time of overeating I have a higher probability of coronary disease. *4 v3-26-46 lists the 3 meanings of Torah. Torah ONLY occurs in commandments with much complexity with many parts. These commandments are governed by PRINCIPLES. The term TORAH is usually used in sacrificial commandments which traditionally have many parts (like 3-7-1). *5 ADAH is ONLY used in the Torah twice: To refer to the 10 commandments (2-25-16) and Passover (5-6-20). Nevertheless Rav Hirsch, based on the numerous occurences of ADAH in Psalms extended ADAH to ANY commemorative commandment such as the holidays *6 PEKUD only occurs in the Torah once: For GUARDING the temple (4-3-36, 4-4-16). It corresponds to only one Biblical commandment-- the commandment to Guard the Temple (Rambam, Positive Commandments #22) *7 Technically speaking MISHMERETH does not belong here. But it does occur in the Torah when referring to commandments. It seems to refer to Rabbinic and oral law commandments (e.g 1-26-5 or 3-18-30, 5-11-1). {LIST2} {A (random) list of verses with various terms for Biblical commandments. For example 1-26-5 contains the words MITZVAH CHOK TORAH and MISHMERETH (So those columns have "x"s in the 1-26-5 row). Roughly 99% of all Biblical commandments are called MITZVAH, MISHPAT, CHOK or TORAH. Nevertheless as this LIST shows, the terms ADAH and PEKUD are also used to classify commandments. This justifies Rav Hirschs approach of a 6 fold classification of Biblical commandments *1 *2} VERSE MITZVAH MISHPAT CHOK TORAH ADAH PEKUD MISHMERETH ======= ======= ======= ===== ====== ====== ====== ========== 1-26-5 x x x x 3-18-5 x x 4-9-3 x x 5-8-11 x x x 3-26-46 x x x 5-4-45 x x x 5-5-28 x x x 5-28-15 x x 5-11-1 x x x x 1R2-3 x x x x 1R8-58 x x x 2C33-8 x x x Ps119-168 x x Ps81-5 x x Isa24-5 x x FOOTNOTES *1 We should also mention the paragraph Ps 19-8:10 which mentions all 6 terms (except that CHOK is replaced by YIRAH). *2 It is certainly a challenge to give the criteria by which only certain terms are picked in certain verses. {LIST3} {A LIST of verses with the root CHOK. Note that the meaning of CHOK is not DECREE WITHOUT REASON but rather it connotes a DEEP SEATED DECREE. We have given above two analogies: The 'prohibition' against overeating salt because of the LONG TERM EFFECT of higher blood pressure and greater coronary risk even though short term there does not appear to be a REASON to avoiding salt (nothing will happen to you short term); similarly the SPEED LIMIT LAWS illustrate laws which deal with BALANCING the needs of an ENTIRE group even though their violation might not result in an accident to any particular individual.} VERSE TEXT ANALOGY ======= ======================================== =============== 1-47-22 Egyptian priests get 20% of land produce*1 Speed limit law Prv30-8 ..Give me my daily decreed bread*2 Blood pressure 2-12-14 Commemorate the exodus once a year(Passver) Blood pressure 7-10-14 Priests eat the breast & thigh of Shlamim*1 Speed limit law Jb28-26 Made a path for lightning;a portion for dew Blood pressure FOOTNOTES *1 It is certainly not IRRATIONAL that the Priests get a tax. But just as the SPEED LIMIT LAW of 55 balances that the people should be able to travel fast but not so fast that there are many accidents so too the TWENTY PERCENT TAX PRIEST LAW balances that the people should keep what they have and the priests should get something also. A similar comment applies to 7-10-14--both the priest and owners get part of the Shlamim offering. The point here is that the laws are not irrational but rather meet the needs of many. These two examples deal with APPORTIONMENT. Clearly APPORTIONMENT is rational (All parties deserve their portions) but the act of APPORTIONMENT itself has a certain degree of subjectivity Yes despite this subjectivity the law itself is rational. *2 Clearly,says Rav Hirsch, the connotation of DECREE in this verse is not something irrational. Rather the connotation is one of giving a PORTION the same way the doctor alots a certain PORTION of salt. For the overeater of salt is not harmed immediately. Indeed it may be many years before the overeater gets a heart attack. So too in Prv30-8 King Solomon says "Do not give me WEALTH or POVERTY but rather my DECREED FOOD"--the connotation being that if he became wealthy of poor,then over a LONG PERIOD of time it would adversely affect his personality. Similar comments could be made for 2-12-14- if I don't commemorate the Passover holiday I will not leave my religion immediately. But if I never observe Passover then over a LONG PERIOD of time either I or my descendants will have a higher probability of leaving Judaism. CROSS REFERENCES: v3-26-46 The word TORAH has 3 meanings v3a6-2 We explained here that the VERB TZV is only used in commandments where there is an emphasis on perpetuating something (like an inheritance). THe present posting deals with the NOUN FORM MITZVAH which as we have shown is the generic term for commandment and refers specifically to God-man commandments that have reasons. ACKNOWLEDGEMENTS: Rashi's sources for the meanings of the different words denoting decrees are very ancient. They occur in many midrashim. Rambam in his great code at the end of the Laws of temple desecration cites them also. RULE CLASSIFICATION {See the web site for comparable examples}: SYNONYMS SYNONYMS SYNONYMS SYNONYMS SYNONYMS SYNONYMS #*#*#*#*#*#*#*#*#*# (C) Dr Hendel, 1999 *#*#*#*#*#*#*#*#*#*#*#*#*#* COMMUNICATIONS -------------- Send via email SUBMISSIONS/responses/contributions to rashi-is-simple@shamash.org If you want your communication published anonomously (without mentioning your name) simply say so (and your wishes will be respected). All other submissions (whether thru Shamash or ANY of my email addresses are made with the understanding that they can be published as is or with editing) NOTATIONAL CONVENTIONS ---------------------- e.g. v5b2-1 means as follows: The "v" means verse The "5" means Deuteronomy--the 5th book The "2" means The 2nd chapter The "1" means The 1st verse The "b" means The second rashi on that verse ("we rounded mount Seir) Similarly v5-2-1 would mean Dt 2:1 and probably refer to all Rashis. (These conventions start with issue 14---beforehand the notation is similar and will be updated retroactively in the future) Asterisks (*,#) in a list usually refer to footnotes that follow it Parenthesis with the word List and a number--[LIST3] refers to LISTS in the LIST section of each posting. THE WEB SITE ------------ To review all past issues as well as to see all principles go to the web site HTTP://WWW.Shamash.Org/Rashi/Index.Htm. You can download all past issues from this website. 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