Mishpatim

The end of Parshas Mishpatim describes the events of Moshe Rabbeinu's ascent to Har Sinai to receive the Torah. The pasuk tells us: v'el Moshe amar, alei el Hashem atah v'Aharon Nadav Va'Avihu v'shivim ish miziknei Yisrael. Moshe is told to ascend Har Sinai and, although others can join him part of the way the pasuk emphasizes v'nigash Moshe LEVADO el Hashem - Moshe can ascend further than the others who join him. Throughout the remainder of this parsha we are told of three different episodes of Moshe's ascent. Yet, we are not told of his descent after any of these. Presumably, they all refer to one episode of Moshe ascending the mountain.

The three descriptions of this episode differ. The first (verse 1) states that Moshe went up with Aharon, Nadav, Avihu, and the Seventy Elders. However, as we stated, the next verse emphasizes that Moshe went further by himself- v'nigash Moshe LEVADO el Hashem.

The second description (verse 9) once again describes Moshe's climbing Har Sinai along with Aharon, Nadav, Avihu and the Seventy Elders. However, this time there is no mention of a further ascent by Moshe alone.

The third description (verse 12) tells of Moshe climbing Har Sinai alone, without the previously mentioned entourage, accompanied only by a single new entrant - Yehoshua - who accompanies him to the foot of the mountain and waits there. Why are there different descriptions of Moshe's ascent on Har Sinai?

Immediately after Moshe is told to go up Har Sinai, he seems to procrastinate. The verse tells us vayavo Moshe vayesapeir la'am es kol divrei Hashem...vaya'an kol ha'am kol echad vayomru kol hadevarim asher diber Hashem na'aseh. Before going up Har Sinai, Moshe first goes to Bnei Yisrael to tell them the words of Hashem. The nation replies as one that they will fulfill Hashem's words. Moshe still does not ascend the mountain. Instead, he begins a service to bring sacrifices on the altar. Strangely, in the middle of this service, Moshe pauses to deliver a lecture - vachatzi hadam zarak al hamizbayach. Moshe begins the z'rikah- sprinkling - process but only sprinkles half the blood from the sacrifice. Then the verse tells us: vayikach sefer habris vayikra b'aznei ha'am vayomru kol asher diber Hashem na'aseh v'nishmah. Only after Moshe has completed his speech and Bnei Yisrael have once again pledged themselves to the commitment of fulfilling Hashem's words, does Moshe complete the service by sprinkling the remaining blood - vayikach Moshe es hadam vayizrok al ha'am vayomer hinei dam habris. Why is there a separation of the service and why is it completed now?

Chazal tell us that the word na'aseh refers to acceptance of the Written Law while the word nishma refers to acceptance of the Oral Law. Moshe is initially commanded to ascend Har Sinai along with an entourage of Aharon and his sons and the seventy elders. However, Moshe recognizes that the Torah is not meant just for the elite. The Torah is for all of Bnei Yisrael. Fearful of the misunderstanding that Bnei Yisrael might have if only the greatest among them ascends the mountain, Moshe approaches Bnei Yisrael to ask if they will accept it in full. The response is inadequate. The response is merely na'aseh - an acceptance of the Written Law. Therefore, Moshe Rabbeinu acts as teacher to emphasize a lesson. He begins a service but only performs half of the sprinkling process, symbolizing to Bnei Yisrael that they have left out half of their responsibilities. Understanding Moshe's lesson, Bnei Yisrael then respond na'aseh V'NISHMAH. After accepting the Oral Law as well, Moshe is able to complete the sprinkling and the service and inform them of the completion of the treaty between Hashem and His People.

Moshe then ascends the mountain with the appointed entourage. However, here, symbolically, there is no mention of Moshe's further ascent up the mountain. The symbolism is to teach Bnei Yisrael that the essence of Torah shebe'al peh - the Oral Law- is that the leaders in every generation are leaders like Moshe Rabbeinu. Aharon, Nadav, Avihu, Zkeinim or leaders in our generation personify the Oral Law. Therefore, Moshe symbolically acts as an equal with ALL the leaders of the generation.

But there is another lesson that Moshe Rabbeinu teaches in this parsha. Moshe recognizes that this concept of the Oral Law is inherently dangerous. It can be a recipe for anarchy with ish ahser yashar b'einav ya'aseh - every man interpreting the Torah in any way they want and claiming that it is the Oral Law. Therefore, the verse tells us the formula for success in assuring the security and viability of the Oral Law.

Vayakam Moshe v'Yehoshua meshorso vaya'al Moshe el har ha'Elokim. Yehoshua seems to be introduced into this episode out of nowhere. This third description of Moshe's ascent of Har Sinai teaches us the formula for success of Torah she be'al peh. The Oral Law is not just interpretations on a whim. The Oral Law starts with Moshe receiving the Torah on Har Sinai and is then transmitted from teacher to student, parent to child, forever more. It starts with the transmission of the Mesorah from the ultimate teacher - Moshe Rabbeinu- to his primary student - Yehoshua. The Mesorah of the Oral Law enables us to trace its origins back to Har Sinai. If it is not based on the Torah received at Sinai then it is not part of the Oral Law.

These lessons assure that the Oral Law is firmly planted in the Mesorah that began at Har Sinai and equally assures the vibrancy and continuation of its tradition through the spiritual leaders of every generation.