Halakhah sobre Números 21:38

You should know that that which they said (Makkot 23b), "613 commandments were stated to Moshe at Sinai," indicates that this is the number of the commandments that are practiced for [all] generations. For commandments that are not practiced for [all] generations do not have a connection to Sinai - whether they were stated at Sinai or elsewhere. However their intention in saying, "at Sinai," was that the main giving of the Torah was at Sinai. And that was His, may He be elevated, saying, "Come up to Me on the mountain and be there, and I will give [it] to you" (Exodus 24:12). And in explanation, they said, "What is the verse [that alludes to this]? 'Moshe commanded us the Torah, an inheritance of the congregation of Yaakov' (Deuteronomy 33:4)" - meaning to say - "the numerical value of [the word,] Torah is 611. In addition, 'I am the Lord your God' and 'You shall have no other gods' (Exodus 20:2, 3), that we heard from the mouth of the Almighty." And with them, the total of the commandments is 613. They wanted to say with this indication that the thing that Moshe commanded us - and that we did not hear from anyone but him - was the number of 611 commandments. And he called it, "an inheritance of the congregation of Yaakov." And a commandment that is not practiced for [all] the generations is not an inheritance for us. For it is indeed only that which will be continuous for the generations - as it is stated (Deuteronomy 11:21), "like the days of the heavens upon the earth" - that will be called an inheritance for us. And likewise, their statement (Tanchuma, Ki Tetzeh), that it is as if each and every limb commands a person to do a commandment; and it is as if each and every day is warning a person from sin. This is a proof that the number will never be lacking. But if commandments that are not practiced for [all] generations were included in the count of the commandments, behold that the number would be lacking once the obligation of such a commandment ceased. And then this statement would only be correct for a limited time. However someone besides us already erred in this principle as well and counted - because he was forced by a need - "But let them not go inside and witness the dismantling of the sanctuary" (Numbers 4:20); and "he shall serve no more" (Numbers 8:25), concerning the Levites. Yet these were also only practiced in the wilderness. And even though they said (Sanhedrin 81b:18), "From where is there a hint about one who steals a jar for the Temple service (that he is killed)? 'But let them not go inside and witness the dismantling of the sanctuary'" - there is enough [clarification here] in their saying, "a hint." But the simple understanding of the verse is not like this; and it is not even included in those liable for the death penalty at the hands of the Heavens - as is explained in the Tosefta (Tosefta Keritot 1) and in Sanhedrin (Sanhedrin 83a). And I am wondering about this, why they mentioned these negative commandments. Why did they not [also] count about the manna, "Let no one leave any of it over until morning" (Exodus 16:19); or that which He, may He blessed said, "Do not harass the Moabites or provoke them to war" (Deuteronomy 2:9), and likewise the prohibition that came about the the Children of Ammon, "do not harass them or start a fight with them" (Deuteronomy 2:19). And likewise should he count among the positive commandments, "Make a seraph figure and mount it on a standard" (Numbers 21:8); and its saying, "Take a jar and put one omer of manna in it" (Exodus 16:33) - like he counted the tithe of the [booty] (Numbers 31) and the dedication of the altar (Numbers 7). And he should have also counted, "Be ready for the third day" (Exodus 19:15); "neither shall the flocks and the herds graze" (Exodus 34:3); "they shall not destroy, to come up" (Exodus 19:24); and many like these. And no intelligent person will doubt that all of these commandments were given to Moshe at Sinai as commands and [prohibitions; however they were all temporary and not practiced for [all] generations. And therefore they were not counted. And because of this principle, it is inappropriate to count the blessings and the curses that they were commanded at Gerizim and Eval; nor to count the building of the altar that we were commanded to build when we entered the Land of Canaan - for all of these were temporary commandments. And likewise, not the command that we were commanded to sacrifice any animal, from which we want to eat, as peace-offerings - as this was only a temporary command. And that was its saying, "and you shall bring them to the Lord" (Leviticus 7:8)." And they said in Sifrei, Achrei Mot, "'And you shall bring them' is a positive commandment" - but it was only so in the wilderness. For the dispensation to eat meat for pleasure is explained in [Deuteronomy]; and that is its saying, "you may eat meat whenever you wish" (Deuteronomy 12:20). And had it been appropriate to count everything of this type - meaning all that Moshe was commanded from the day he was appointed to be a prophet until the day he died - there would be more than three hundred commandments, besides the commandments that are practiced for [all] generations. This is when we count all the commands that came in Egypt, everything about the preparations [for the tabernacle service], and the other ones besides them - some are positive commandments and some are negative commandments, but they are all written in the Torah. And since he did not count all of them, he is perforce also obligated not to count any of them; and not like this other man, who took [only] some of these things to help him, when he toiled to find the [right] tally. And this is the critique we wanted to make about him regarding this principle.

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

That is that He commanded us to honor the sages, to rise in front of them and to glorify them. And that is His, may He be exalted, saying, "In the presence of the elderly you shall rise and you shall respect an elder" (Leviticus 19:32). And the language of the Sifra is, "Rising that has honor." And the regulations of this commandment have already been explained in the first chapter of Kiddushin. And you should know that even if this commandment is obligatory for all people in general - meaning to honor sages, and even [towards] a sage that is one's equal in wisdom, like they explained in their saying (Bava Metzia 33a), "The Torah scholars in Babylonia would stand up for one another" - you should know that there are additional [obligations] of honor for the student. And that is because the honor a student is obligated towards his teacher is much more than the honor due to a sage [in general]. And along with the honor, he is obligated to fear him. For they have already explained that the law of his teacher upon him is like the law of his father, whom Scripture has obligated him to honor and fear. And they already said (Sanhedrin 5b) that it is not permissible to disagree with his rabbi - meaning a disagreement that breaks with his instruction and legal decision, such that he relies upon his [own] wisdom and teaches or decides and instructs, unless [his teacher] gives him permission. And it is not permissible to quarrel with him, nor to get upset with him. And he may not suspect him regarding his actions or words with various suspicions, as it is possible that this was not [his teacher's] intention. And in the chapter [entitled] Chelek (Sanhedrin 110a), they said, "Anyone who disagrees with his teacher is as if he disagrees with the Divine Presence, as it is stated (Numbers 26:9), 'when they strove against the Lord.' And anyone who argues with his teacher is as if he argues with the Holy One, blessed be He, as it is stated (Numbers 20:13), 'These are the waters of Meribah, [where the children of Israel quarreled with the Lord].' And anyone who gets upset with his teacher is as if he is upset with the Divine Presence, as it is stated (Exodus 16:8), 'Your complaints are not against us, but against the Lord.' And anyone who suspects his teacher is as if he suspects the Divine Presence, as it is stated (Numbers 21:5), 'And the people spoke against God, and against Moses.'" And this is completely clear, since the disagreement of Korach and the argument of the Children of Israel - and their complaint and their accusation and their suspicion - was with Moshe, who was the teacher of all of Israel; but Scripture put all of these matters of theirs towards God. And in the explanation (Avot 4:12), they said, "The fear of your teacher is like the fear of the Heavens." And [this fear] is all deduced and proved from Scripture's commanding [us] to honor parents and sages, as is explained in many places in the Talmud - but that [does not make] it a separate commandement. And understand this. (See Parashat Kedoshim; Mishneh Torah, Torah Study).

And that is [the sense of that] which Scripture (Leviticus 27:29) states nearby, "Any dedication that is dedicated of a man you shall not redeem, he shall surely die"; as its content in the way of the simple meaning is that [in the case of] one who dedicates of a man that is not his - for example, those fighting against their enemies who make a vow, "If this nation is surely given into my hands, I will dedicate their cities" (Numbers 21:2) - [the objects of the vow] should die. As other nations are not included in the wellspring of blessings, as we have said; and [so] the expression of 'dedication' clings to them. And so did Ramban (Rambam) explain this verse in the way of its simple understanding (Ramban on Leviticus 27:29). And even though there are many midrashic explanations about this verse, there are seventy faces to the Torah and 'they are all straight for the one who understands.' And from this root they, may their memory be blessed, said (Arakhin 28a) that all that belongs to the Levites and the priests - whether land or whether movable items - cannot be dedicated. That is, even if the priest or the Levite said about his field that it be dedicated, it does not hold. As he is like one who dwells in his Master's house - the place of blessing and kindness and good - and all that he has is God's. And amidst blessing there is no place for 'dedication.'