Opinion & Comment
Shavuos Insights

The Giving of the Torah Specifically in the Desert

By that which it states "Moshe received the Torah from Sinai" (Ovos 1:1), we are taught a very fundamental point. The mishna teaches us that we received the Torah before we began leading an ordinary life. When we were in the desert as ochlei hamonn, we lived a divine existence, with no effort in arranging for our food, shelter, or livelihood. Many of the mitzvos did not yet apply. Still, then and there we were given all the commandments that would govern our lives once we would enter Eretz Yisroel and become a Kingdom, when we would have to lead even our mundane lives in a Torah fashion.

We were specifically given all the instructions prior to entering Eretz Yisroel, so that we would not be faced with any nisoyon of living differently than the way the Torah had mapped out for us. Had we entered Eretz Yisroel not already bound by Torah obligations, tremendous nisyonos would have loomed up before us at every step of the way, which would have been formidable: terumos, ma'asros, leket, shicechoh, pei'oh, shmittah, yovel, and more.

However, once we had already received the Torah in the Sinai Desert, we were expecting to be bound by the many mitzvos and mishpotim which the Torah commands us to keep. Thus, by the time we were ready to enter Eretz Yisroel, we naturally set up our day-to-day lives in the Torah fashion. Hence, there was no nisoyon to do otherwise at all.

This invalidates the approach of the Reform Movement, ym"sh who think that Torah is to be changed and adapted to fit the times and lifestyle of each generation. Our having received the Torah in the desert overthrows precisely this point: We received and accepted all the 613 mitzvos in the desert, even though many only applied later after we entered Eretz Yisroel. This teaches us that each and every mitzvah applies at any and all times, to any and all lifestyles. There are no changes in the possibilities life may hold. There is only a desire and cravings for change and hefkeirus.

The truth is that we know in any case that the Torah is not changeable and that Torah is Eternal, forever and ever. I have explained this point because it refutes the basis of the Reform approach. (From a drosho to the Chevras Tehillim on the Second Day of Shavuos, 5686-1926)

The Nations' Query: "What is Written in the Torah?"

Chazal teach us that Hashem went around to all the nations of the world, offering them the Torah. Their response was to ask Him, "What is written in the Torah?" Hashem answered, "You may not murder; you may not steal." To which the nations responded that they could never live up to the fulfillment of these commands. (Sifrei, Parshas Vezos Habrochoh)

The nations' response is very surprising. We see that all the nations of the world are very strict when it comes to dealing with the crimes of murder and thievery. In fact, their punishment for offenders even exceeds that of the Torah. Even a possible murder will be dealt with harshly, if the evidence seems to point to guilt even if it is not fully proven. Also they punish even if the murder was carried out without a warning. Punishment is meted out even if the witnesses are relatives or minors, who, by contrast, the Torah would not accept as witnesses for punishment. Also with regard to theft, with the gentiles, it is punishable with physical retribution [such as imprisonment or, in those days lashing], while the Torah only imposes monetary punishment. Bedin Torah if the offender admits his guilt, he is not punished at all; he only has to return that which he stole.

And it is clear that throughout the generations, gentiles have always penalized violators for these crimes, as it states in the mishna "If not for the fear of the government, one man would swallow up another alive. (Ovos 3:2)"

So we see that they do punish for theft and murder. So why did they refuse the Torah because of its prohibition of theft and murder?

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In comparison to the Nations, when Klal Yisroel accepted the Torah and answered Na'aseh Venishma, (Shemos 24:7), they did not ask what the Torah contained. Rather, they relied on Hashem Yisborach. Why?

Klal Yisroel was walking along with Hashem with pure and unquestioning trust, like Avrohom Ovinu. The Nations of the World find it by nature impossible to act out of such blind and pure trust. It is impossible for them to accept the Torah without first asking what is in it. And then, once they knew of the prohibitions of murder and theft, they could not agree to them even though they are mishpotim, reasonable laws.

Since they lack the basic bitochon that comes from trust, the gentiles have a tremendous nisoyon to steal and murder. A ba'al bitochon realizes that he will receive that which is designated for him and there is no need or point to steal. Similarly, no other human being can pose a threat to him in any way, if it is not preordained by Hashem Yisborach. Hence, there is no temptation to murder. Someone who does not share this bitochon has a strong incentive to rob and kill.

Even though the whole world metes out punishment for these offenses, one cannot compare how the nations of the world look upon these sins to the way the Torah regards them. The Torah prohibits theft and murder as intrinsically evil. Murder is a severe sin because Hakodosh Boruch Hu cherishes the soul of man. Thus, even if one takes one's own life he is held liable. (See Sanhedrin 74a and Rashi there in the discussion about not murdering another even at the cost of one's own life.) Similarly, theft is prohibited because the possessions of your fellow must be as valuable to you as your own.

In contrast, the crimes of murder and theft according to the approach of the nations of the world are not wrong because they hold them to be intrinsically evil. Rather, they are merely a sort of contractual agreement among them: "If I steal, others will steal from me; if I kill, others will kill me."

We see this with a band of thieves or murderers who stick together to perpetuate their wickedness, yet none of them steals from each other. Can one call such evident robbers and murderers "honest people"? They rob and murder others all the time. Yet, these sinners have no choice but to be "honest" with each other, for if not, they will simply rob or assassinate one another. Having no choice, they must agree: Don't steal from me, and I won't steal from you; don't shoot me, and I won't shoot you!

This is the approach of the nations of the world: a sort of contract. Everyone fears for his own self, so they must come up with some type of system for controlling such crime. But this also explains why the punishments administered may be stricter than appropriate. Reason dictates that theft be punishable only by monetary fines, middoh kenegged middoh to the crime committed. Yet, they inflict corporal punishment for theft. This is because they are not punishing based on the severity or intrinsic evil of the crime. Rather they are punishing because they fear for their own safety. Therefore they inflict a severe punishment so that "all will hear about it and take heed."

Similarly, they will inflict capital punishment for an apparent murder if the evidence is reasonable, even if it may be a false accusation. They aren't so worried about the life of the offender or the victim. They are truly worried about their own lives, and therefore even in doubt, they will punish [because that serves their true end].

Therefore where there is no fear of authority -- such as the government-power itself -- murder, thievery, and corruption will abound. This is evident in wars that they make, and similar behavior. Also, when there is a change in government, the new government often begins with executions and larceny, as is well known.

The Torah prohibits murder due to its being intrinsically evil since the soul is precious. The same with stealing; the possessions of one's fellow should be as valued as his own. Therefore, those who accept the Torah and who understand this, are not tempted to kill or steal and they will not commit these crimes under any circumstances.

This is Chazal's intention in the above midrash that the nations of the world could not accept the Torah prohibitions of murder and robbery. Those people only take on these issurim as a contractual obligation towards each other, and this sort of prohibition is meaningless, as I explained. (From a drosho to the Chevras Tehillim on the Second Day of Shavuos, 5684-1924)

Who Revealed this Secret to My Children?

Klal Yisroel's response of Na'aseh Venishma deserves explanation. The entire world trembled from these words, to the extent that Hashem even said, "Who revealed this secret to My children -- the secret which the Celestial Angels use as it says, ` . . . they do His bidding, [and then] to hear His bidding' (Tehillim 103:20)?"

At first glance, one questions the special character of this response. Even among people, one will tell a loved one of whom he is confident that he will do him no harm, that he will do whatever the loved one will instruct him. He relies on him and trusts him, and he will follow him no matter what. He will not worry that he may tell him to do something bad. All the more so, should we not be confident that Hakodosh Boruch Hu will not command us to do that which we are incapable of fulfilling? It would seem, therefore, that everyone who knows his Creator would respond in this fashion. What is so exceptional about this response?

Klal Yisroel's intentions with their words "Na'aseh Venishma! " can be explained as follows: We are prepared to do, constantly and forever. We simply are waiting to hear just what needs to be done. This is our whole life: fulfillment of Hashem's mitzvos. At all times we stand ready, waiting to hear what needs to be done so that we can do it.

This is comparable to one who hired a worker to constantly be at his side and whenever there is a task to be done, the worker will perform the chore. The worker never knows when he will be needed -- whether it will be today or tomorrow, at night, or at a later date -- and therefore he must be present at all times. We certainly consider this person to be in service to his employer all the time. He is simply waiting to be assigned chores and therefore he earns a salary for the whole time.

It is the same with an oveid Hashem. An oveid's entire life is fulfillment of the Torah and mitzvos, and he awaits constantly the opportunity to perform another mitzvah and yet another mitzvah. Although he might not be fulfilling a command at every moment, the oveid Hashem is considered to be serving Hashem constantly.

This is the secret of the mal'achei hashoreis. Mal'ochim may be sent on a mission only once in several years, yet they are considered as constantly fulfilling Hashem's will, since they are always waiting to be sent to perform a shelichus of Hakodosh Boruch Hu.

This was our intention when we said Na'aseh Venishma: our desire to fulfill Hashem's Will at all times is there and we are always waiting to be given instructions. With these lofty words Klal Yisroel elevated themselves to an incredible level at Kabolas HaTorah, one which indeed the mal'ochim attain. (Droshoh on Shabbos Nachamu, 5683-1923, in Luban)

The above, excerpted from Dorash Moshe, appeared in the Nisan, 5763 edition of the bi-annual Kol Hatorah. It was adapted for translation.

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