Comentario citado sobre Exodo 35:1

AND THE ETERNAL SPOKE UNTO MOSES IN MOUNT SINAI. “What has the subject of the Sabbatical year [stated here in this section] to do with that of Mount Sinai? Were not all the commandments declared on Sinai? [It is to teach us that] just as [this law of] the Sabbatical year was ordained on Sinai with its general rules, its specific prescripts and its minute details, so also were all [the commandments] ordained on Sinai with their general rules, and their specific prescripts and their minute details. Thus it is taught [here] in the Torath Kohanin. It appears to me¹I.e. Rashi. Having quoted the text of the Torath Kohanim, Rashi now proceeds to explain the basis of the analogy of this text of the Beraitha between our section and all other commandments. To follow Rashi’s answer it is important to recall that in the final year of Israel’s stay in the wilderness, when they were encamped in the plains of Moab (Numbers 22:1), Moses, in the last days of his life, restated the commandments of G-d, his words being contained in the Book of Deuteronomy. However, since not all the commandments were restated there by Moses, our verse serves as a basis for the interpretation of the Torath Kohanim, as will be explained by Rashi. Ramban will differ with this whole approach, since the text of the Torath Kohanim makes no reference at all to Moses’ restatement of the laws in the plains of Moab. See at end of Note 10. that the following is the interpretation thereof: Since we do not find the law of the resting of the soil [in the Sabbatical year] repeated in the plains of Moab [when Moses restated the law, as contained in the Book of Deuteronomy], we must deduce that all the general rules and specific prescripts [of the Sabbatical year, including those of the resting of the soil] were declared on Sinai. [Why then was it necessary for Scripture to state here in Mount Sinai, since it is self-understood that this entire law was promulgated on Sinai, since the law of the resting of the soil is not mentioned in the Book of Deuteronomy? We must say that the reason] Scripture mentioned [the phrase in Mount Sinai] here is in order to teach that every communication [i.e., commandment] that was spoken to Moses on Sinai, was given at Sinai together with its general rules and minute details, and they were [merely] repeated and taught again in the plains of Moab.” Thus far is the language of Rashi.
But this does not appear to me to be correct at all. For there are many commandments like the Sabbatical year which were not repeated in the plains of Moab, and [all] we know about their general rules and specific prescripts is that they were promulgated either on Sinai or in the Tent of Meeting [but not specifically on Sinai, as Rashi said]!²In other words, we can be certain that those commandments which were not mentioned in the plains of Moab [and are recorded in other parts of the Torah], were declared at some preceding time, but we cannot be sure whether they were said with the commandments given at Sinai, or only later on, after the building of the Tabernacle from which G-d communicated to Moses. On what basis, then, does Rashi say that they were all given on Sinai? Moreover, how do we know that the other commandments which were repeated in the plains of Moab are to be likened to the Sabbatical year [which was not repeated? Perhaps this analogy applies only to those commandments which were not repeated in the plains of Moab, like the Sabbatical year; but how do we know that the analogy applies also to those that were repeated by Moses in the plains of Moab, as contained in the Book of Deuteronomy? And how do we know that in the case of those commandments that were repeated by Moses], that only the general rules were declared on Sinai but the specific prescripts were given in the plains of Moab! And indeed it would be more logical to say so, that those commandments which were repeated by Moses, were restated for the sake of explaining their specific prescripts, since on Sinai only their general rules had been declared!
But the interpretation of the above Beraitha is clear: The general rules of the Sabbatical year were declared on Sinai, as it is written in the section of ‘V’eileh Hamishpatim’ (And these are the ordinances):³Exodus 21:1. Since these ordinances were declared before the Tabernacle was erected, they must perforce have been given on Sinai. And on the seventh year thou shalt let it [i.e., the Land] rest and lie fallow, that the poor of thy people may eat etc.⁴Ibid., 23:11. These are the laws of the Sabbatical year in a general way. Here He went back [to this subject] and said that in Mount Sinai all its specific prescripts were also given, since all of them are mentioned in this section. And at the end of this subject it is written, These are the commandments, which the Eternal commanded Moses for the children of Israel in Mount Sinai,⁵Leviticus 27:34. in order to liken all the commandments to the Sabbatical year [previously] mentioned, [teaching] that all of them, likewise, were stated in general terms and with their particular details — that is, all were declared on Sinai. And thus it is taught there in the Torath Kohanim:⁶Torath Kohanim, end of Seder Bechukothai. “These are the commandments.⁵Leviticus 27:34. Henceforth no prophet may promulgate any new thing.⁷This is a major teaching in Judaism, that the prophets who came after Moses only served to exhort Israel to obey the laws given by Moses, but no new Divine commandments were added. Which the Eternal commanded Moses.⁵Leviticus 27:34. The messenger was [found] deserving before Him Who sent him [since he was the most perfect of all human beings].⁸Malbim to Torath Kohanim ibid. Moses for the children of Israel. It was the merit of Israel that caused [the Divine Glory to rest upon Moses].⁹“And that the Torah be given through Moses. For if Israel had not accepted the Torah, the Divine Glory would not have communicated with Moses, because where there is no flock there is no shepherd, and if there is a flock there must be a shepherd” (Rabad in his commentary to Torath Kohanim, ibid.). In Mount Sinai,⁵Leviticus 27:34. [this teaches] that all commandments originated at Sinai.” Thus far is the text in the Torath Kohanim. But the reason [that the laws were repeated] in the plains of Moab was only for the purpose of explaining the Torah to the children [of those who had left Egypt, who were born in the wilderness after the Giving of the Torah at Sinai]. This appears to me to be the interpretation [of the Beraitha of the Torath Kohanim mentioned] and “it is well and nicely said.”¹⁰The Hebrew expression kaftor vaferach literally means “a knop and a flower.” The term is borrowed from the design of the candelabrum (see Exodus 25:33), and here means “a thing of truth, and beautifully stated.” The usage of this expression is found in Bereshith Rabbah 91:12. It has been suggested that since the candelabrum in the Tabernacle represented the light of wisdom, the knops and flowers in the candelabrum symbolized truth beautifully expressed. Hence the expression kaftor vaferach as applied to a dictum of truth well formulated. — In essence, Ramban’s understanding of the Beraitha mentioned by Rashi is as follows: “Why is the expression in Mount Sinai mentioned here? It cannot be to teach us that the general principles of the Sabbatical year were given on Sinai, for all commandments were declared on Sinai in general terms, the Sabbatical year being merely one of them, as expressly stated in Exodus 23:11. Hence the expression here in Mount Sinai must be to teach that all its specific prescripts were also given on Mount Sinai, and from this you may deduce that the verse at the end of the Book of Leviticus, which states, These are the commandments which the Eternal commanded Moses … in Mount Sinai intends to teach us that the specific prescripts of all the laws were also declared on Sinai. — Ramban’s interpretation is thus not based at all on Moses’ restatement of the laws in the plains of Moab, as is that of Rashi, but instead is founded upon the verses in Exodus 23:11, and at the end of Leviticus, as explained.
Now the reason why this section [of the laws of the Sabbatical year] was written here, Rabbi Abraham ibn Ezra explained to be as follows: This is the covenant which was written in the section of ‘V’eileh Hamishpatim’ (And these are the ordinances),¹¹Exodus 24:4-7: And Moses wrote all the words of the Eternal … And he took the Book of the Covenant. and when the people accepted it upon themselves [by saying] we will do, and obey,¹²Ibid., Verse 7. then the covenant was made,¹³Ibid., Verse 8. and [Moses] told them this whole section [containing the laws of the Sabbatical year]. Scripture mentioned it in this place in order to put in proximity all the conditions [He laid down for Israel’s inheriting] the Land; for just as He said with reference to forbidden sexual relations that on account of them the Land will vomit them out,¹⁴Above, 18:28. so He said in the section of ‘Im Bechukothai’ (If ye walk in My statutes)¹⁵Further, 26:3. with regard to [not keeping the laws of] the Sabbaths of the Land,¹⁶Ibid., Verse 34. and therefore it was necessary that He mention [here] first [what are the laws of] the Sabbatical years.
In my opinion this section is written here in its proper order, for the expression in Mount Sinai means when Moses went up there to receive the second Tablets [and does not refer, as Ibn Ezra interprets it, to the time immediately after the Giving of the Torah, even before Moses went up the mountain to receive the first Tablets of the Law], and the explanation of the matter is as follows: At the beginning of the first forty days of the first Tablets, Moses wrote in the Book of the Covenant all the words of the Eternal¹⁷Exodus 24:4. and all the ordinances stated there [in that section],¹⁸Ibid., Chapters 21-23. and he sprinkled the blood of the covenant upon the people.¹³Ibid., Verse 8. But when the people sinned with the [golden] calf and the Tablets were broken, that was equivalent to a breaking of the covenant with the Holy One, blessed be He. Therefore when the Holy One, blessed be He, became reconciled to Moses by giving him the second Tablets, He commanded him concerning a new covenant, as it is said, Behold, I make a covenant;¹⁹Ibid., 34:10. and He repeated there the stringent commandments that had been said in the section of ‘V’eileh Hamishpatim’ (And these are the ordinances)²⁰Ibid., 21:1. at the first covenant, and He [now] stated, Write thou these words, for after the tenor of these words I have made a covenant with thee and with Israel.²¹Ibid., 34:27. Now the Holy One, blessed be He, wanted to make this second covenant with them with greater stringency, and that it should be upon them by means of oaths and curses, and that it should cover, like the first one, all the original commandments and all the ordinances, as it is said of the first covenant, And Moses came and told the people all the words of the Eternal, and all the ordinances.²²Ibid., 24:3. Therefore Scripture states here at the end of the exhortations, These are the statutes and ordinances and laws, which the Eternal made between Him and the children of Israel, in Mount Sinai by the hand of Moses,²³Further, 26:46. this being an allusion to all the commandments and ordinances which had been said at the first covenant, in the section of ‘V’eileh Hamishpatim’ (And these are the ordinances),²⁰Ibid., 21:1. for they were all embodied in this [second] covenant.
Now in the Book of the first Covenant, the law of the Sabbatical year was stated in a general way as I have mentioned, as it is said, And on the seventh year thou shalt let it rest and lie fallow etc.,⁴Ibid., 23:11. and now in this second convenant it was said with its specific prescripts, its minute details, and its penalties. At the time of the first covenant, during the first forty days [after the Giving of the Torah, when Moses went up to the mountain], Moses was commanded concerning the building of the Tabernacle; and when the Holy One, blessed be He, became reconciled to him and commanded him to make a second covenant for them, Moses came down [from the mountain] and he gave them in commandment all that the Eternal had spoken with him in Mount Sinai,²⁴Exodus 34:32. including the making of the Tabernacle. Then Moses assembled all the congregation of the children of Israel, and said unto them as at first, These are the words which the Eternal hath commanded that ye should do them,²⁵Ibid., 35:1. when making the Tabernacle. Now they accepted the charge joyfully, and departed from his presence at once, and they all came back and brought the donations, and made the Tabernacle and completed its construction. And as soon as it was set up, He immediately called unto Moses, and the Eternal spoke unto him out of the Tent of Meeting,²⁶Above, 1:1. and He commanded him regarding the offerings and the whole Torath Kohanim [“law of the priests,” i.e., the Book of Leviticus], and Moses immediately commanded them all to Aaron and his sons and to all the children of Israel. When he had finished, he said to them: “G-d further commanded me in Mount Sinai to explain to you [the laws of] the Sabbatical year and of the Jubilee, and to make a new covenant with you concerning all the commandments and ordinances, by means of adjuration and oath.” It was not necessary now [for Moses] to slaughter offerings and sprinkle half of the blood upon the people and half upon the altar, as he had done at the first covenant,²⁷Exodus 24:5-6. because now they were [again] accepting upon themselves the original covenant, with these oaths and adjurations. This is the sense of the expression, which the Eternal made between Him and the children of Israel in Mount Sinai,²³Further, 26:46. for it was He Who made with them this [second] covenant, having forgiven them on the basis of these conditions [i.e., the oaths and adjurations mentioned further on in Chapter 26], as I have explained at the end of [Seder] Ki Thisa.²⁸Ibid., 34:27; 31. See Vol. II, pp. 591-2, 594. Similarly, the covenant at the plains of Moab²⁹Deuteronomy 28:69. 29:9-13. was made likewise, by means of the people accepting upon themselves the Torah with those oaths and adjurations [mentioned in Deuteronomy Chapter 28], this being the covenant, as it is said, These are the words of the covenant which the Eternal commanded Moses to make with the children of Israel in the land of Moab, beside the covenant which He made with them in Horeb.³⁰Ibid., 28:69. Ramban’s point is thus to stress that all subsequent covenants mentioned after the one made at Sinai are merely re-affirmations of the original covenant. The Rabbis of blessed memory have spoken the truth in saying³¹Torath Kohanim, Bechukothai 8:9. that among the conditions on which the Land [was given by G-d to Israel] are [those of observing the laws of] the Sabbatical year and the Jubilee, as He will mention in the exhortations,³²Further, 26:34; 43. and they are clearly expressed in this second covenant [as referring to the commandments in this section].

TAKE AARON. “This section [concerning the seven days of consecration of the priests] was said seven days before the [final] erection of the Tabernacle [which took place on the first day of Nisan],¹⁶⁷During each of the seven days of consecration Moses set the Tabernacle up and then dismantled it. But on the eighth day [which was the first of Nisan] the final erection took place, and it was no longer dismantled until they journeyed from Mount Sinai. for there is no strict chronological order in the narrative of the Torah.”¹⁶⁸Since the final erection of the Tabernacle is already mentioned at the end of the Book of Exodus (40:17), and the section before us, according to Rashi, was said seven days before the final erection, we must perforce say that there is no strict chronological order in the narrative of the Torah. In other words, chronologically the proper place of this section here in the Book of Leviticus is before Exodus, Chapter 40! Ramban will strongly dissent to this interpretation of Rashi. Thus the language of Rashi. But why should we invert the words of the living G-d! Moreover, in the section of On the first day of the first month,¹⁶⁹Exodus 40:2. He commanded concerning the erection of the whole Tabernacle, the clothing of Aaron and his sons and the anointing of all of them, and there He narrated Moses’ deeds in the matter of the erection of the Tabernacle,¹⁷⁰Ibid., Verse 17-33. but did not mention anything concerning Aaron and his sons till here. And how could it be that He separated one subject into two sections, [as follows from Rashi], placing the later one [i.e., the final erection of the Tabernacle which took place on the first of Nisan, as recorded in the Book of Exodus], before the earlier one [i.e., the seven days of consecration that began on the twenty-third of Adar which He placed here in the Book of Leviticus]!
Rather, the correct interpretation is that we say that Moses was commanded about the erection of the Tabernacle on the twenty-third day of Adar, and he erected it [on that day]. As soon as the Tabernacle stood in its position G-d, blessed be He, Who sitteth upon the cherubim¹⁷¹I Samuel 4:4. called Moses and commanded him about the actions involved in the bringing of the offerings — all those sections from the beginning of the Book of Vayikra until here. [This was because] He wanted to teach him the actions and statutes of all the offerings before he offered up any of them, since among the initiation-offerings were the sin-offering, burnt-offering and peace-offering, and they could only know all their laws from these sections with which He preceded [to command him]. Afterwards He said to him, Take Aaron and his sons with him etc., to urge him on when the time came for performing what He had told him at first — And this is the thing that thou shalt do unto them to hallow them, to minister unto Me etc.,¹⁷²Exodus 29:1. adding here, And assemble thou all the congregation at the door of the Tent of Meeting,¹⁷³Verse 3 here. so that it should be done in the presence of all of them, that they should know that G-d, blessed be He, chose Aaron and his sons [to minister unto Him].
By way of the proper interpretation of Scripture, Moses was commanded about the building of the Tabernacle prior to the incident of the golden calf [as is the order of these chapters in the Book of Exodus],¹⁷⁴The commandment concerning the building of the Tabernacle is in Seder Terumah (Chapters 25-27), and the story of the golden calf is in Seder Ki Thisa (Chapter 32). — This is unlike Rashi’s statement (ibid., 31:18) that the incident of the golden calf happened a considerable time before the command regarding the work of the Tabernacle. Hence Ramban preceded this discussion with the expression, “by way of the proper interpretation …” in order to indicate that his view is different than that stated elsewhere in Rashi’s commentary. and when the Holy One, blessed be He, became reconciled to him and promised him that He would cause His Divine Glory to dwell among them, Moses understood of his own accord that the command concerning the Tabernacle remained valid as before, and he then commanded Israel regarding it, as I have explained in the section of Vayakheil.¹⁷⁵Ibid., 35:1. After they had completed the work, he was then told the section of On the first day of the first month shalt thou set up the Tabernacle of the Tent of Meeting,¹⁷⁶Ibid., 40:2. and he was then told, And thou shalt bring Aaron and his sons unto the door of the Tent of Meeting etc.¹⁷⁷Ibid., Verse 12. Thus Moses knew that Aaron and his sons also remained in their esteemed and beloved position before G-d. Here He urged them again on the first day of the consecration, at the time of performing the command [And thou shalt bring Aaron and his sons etc.]¹⁷⁷Ibid., Verse 12. Thus all the sections of the Torah are in chronological order, except that He placed before its sequence the verse, And the cloud covered the Tent of Meeting,¹⁷⁸Ibid., Verse 34. which in the opinion of our Rabbis¹⁷⁹Torath Kohanim, at the beginning of Seder Shemini. was on the eighth day of the initiation, in order to arrange in order the whole matter of the erection of the Tabernacle, it being the customary way of Scripture in all places to finish a subject that it has started to explain.¹⁸⁰See Vol. I, p. 431, for a similar instance.

דבר אל בני ישראל, “speak to the Children of Israel;” Nachmanides writes that the reason the name of Aaron has not been mentioned in this paragraph is that in this paragraph the Torah did not mention the additional sacrifices, מוספים, which are offered on every one of the festivals mentioned here. The Torah contents itself with writing –in a general statement- והקרבתם אשה לה', “you are to offer fire-offerings to Hashem.” The details are spelled out only in Numbers chapter 28-29. The reason this has been delayed until there is that by then the details of the occupation of the land of Israel, the key to how to distribute the various parts of the land had been spelled out, and basically, the additional offerings are applicable in the central location where the Tabernacle/Temple would stand and the Israelites would have to make their pilgrimages to that location to honour the festival. In a manner of speaking, these מוספים represent acknowledgment of Hashem having given us our daily bread in the land of Israel. Although at this time, the land had not yet been conquered, the Torah in verses 9-22 speaks about offerings which could not possibly be brought prior to the land having been conquered, seeing that the ingredients are largely produce of that land, the message is that the legislation in the Torah being discussed here is for the duration, throughout the generations. It is noteworthy that the Sabbath, a day that is not connected to calendar considerations, is mentioned as part of these מועדים. The reason is to show that part of this legislation, such as the Sabbath, is capable of being honoured in the performance already immediately. The fact that after having mentioned the Sabbath the Torah reverts to telling the halachic authorities of the people אשר תקראו אותם במועדם, “the festivals that you have to proclaim as such at their appointed times,” makes the distinction between the Sabbath on the one hand, and the festivals on the other hand, quite clear. The reason that the Sabbath is introduced with the words אלה מועדי ה', “these are the appointed festivals of Hashem, etc.” in the plural mode is that the Sabbath occurs so frequently. It is reported in the name of Rabbi Chiya (hasefardi) that when mentioning the Sabbath the words מועדי ה' occur before the words אשר תקראו אותם, “that you are to proclaim,” whereas in connection with the festivals the words אשר תקראו אותם occur after the words מועדי ה'. This is a clear hint that unless the dates of the festivals have been publicly proclaimed in advance, these festivals i.e. their legal status, remains in doubt. It is necessary for the Highest Court of the land to declare the first day of that month as such in order for us to know when the dates mentioned as festivals do occur. Nachmanides mentions further that the words אלה מועדי ה' אשר תקראו אותם וגו' refer to what follows, [not as in Genesis 24, or Exodus 6,19 and many others where the word אלה sums up what had been reported before then. Ed.] This is the reason why the Torah felt compelled to repeat this line seeing it had interrupted its narrative with mention of the Sabbath. There is an essential difference between observing the Sabbath and observing the festivals, as on the Sabbath any manner of מלאכה, creative kind of activity, is prohibited, whereas on the festivals only activities defined as מלאכת עבודה, “work typically performed by slaves, servants,” are forbidden. This enables us to cook, fry, and use fire on the festivals. There is a further allusion in the text that when such a festival day occurs on the Sabbath, the rules pertaining to the festival do not supersede those of the Sabbath and all the activities normally prohibited on the Sabbath are then also prohibited on the day that is both Sabbath and part of the festival. We find a similar syntax in the Torah when the Torah writes אלה הדברים אשר צוה ה' לעשות אותם, “These are the things which Hashem had commanded to do them,” in connection with the building of the Tabernacle, (Exodus 35,1) as there too, the Torah had interrupted its narrative by referring to the rules of Sabbath observance. In light of the above we can understand very well why when introducing this legislation the Torah did not use the words והקרבתם אשה לה' when describing the Sabbath, [although such an offering is, of course tendered every Sabbath, Ed.] as it does at the end of the mention of each festival, and instead it writes at the end of the chapter (verse 37) אלה מועדי ה' אשר תקראו אותם מקראי קודש להקריב אשה לה' מנחה זבח ונסכים דבר יום ביומו. מלבד שבתות ה' ומלבד מתנותיכם וגו' , “These are the appointed festivals of Hashem that you shall proclaim as holy convocations, to offer a fire-offering to Hashem: a burnt offering, and its meal-offering, a feast-offering, and its libation, each day’s requirement each day. Apart from Hashem’s Sabbaths, and apart from your gifts, apart from all your vows, etc.” These verses make crystal clear that the Sabbaths are not included in the list of the festivals. If a further proof were needed you will find this in the very fact that the Torah wrote a separate paragraph commencing with practically the same words in verse 4. If the Sabbath could have been lumped together with the festivals, surely at least that verse could have been saved.