Commento su Deuteronomio 29:9

Deuteronomy 29:9: It appears to me to say the following about this verse: it says earlier in the Torah [in the previous chapter] that "...until this day, Hashem did not give you a heart to know, ear to hear, eye to see" [Deuteronomy 29:3]. [This means that] the entire service of Moshe Rabbeinu was for the Jewish people to hear all mitzvot from his mouth; his intent was to imbue their hearts with the power of holiness of Hashem with his holy words. The Shechina would speak from his throat, and the goal was that the Jewish people would not be able to transgress anything in the Torah. It says in the Torah, "just like snow comes from heaven and never returns... so, too, My words will not return empty-handed [Isaiah 55:10]. This was the level that Moshe spoke [to Hashem], and Hashem answered him [directly] with a voice and He wanted to place a holiness within him so that [listening to Moshe's words would] be equal to hearing them from Hashem. This is the meaning of the previous verse, "Hashem did not give you a heart to know...": The Jewish people were lifted up to a very lofty level after 4o years [of being in the desert], and it says "...on this day, you've become a people for G-d" [Deuteronomy 27:9]. [This means that] at the end [of the Jewish people's journey], when Moshe Rabbainu would speak, the experience was that of Mount Sinai (--of G-d speaking--) and thus the Torah would never be removed from their mouth. This is also explains the verse: "I heard the voice of my G-d and did according to all that was commanded me" [Deuteronomy 26:14]. "I heard to voice..." means that I did what G-d commanded and I'm listening now just like I did at Mount Sinai; I did all that I'm commanded and I haven't missed anything. [Moses] successfully elevated you so that you can stand before Hashem without any separation. Moshe Rabbainu expresses this covenant with everyone, not just the generation of the desert [Deuteronomy 29:14]. In the future of the generation, the tzaddik of the generation will also be speaking. This is [literally as if] Moshe Rabbainu [is speaking to you], which, [in turn, is as if] you're hearing it from G-d. As it says in the original verse, all will stand before G-d [meaning] in every future generation through the tzaddik.

אתם נצבים YE ARE STANDING THIS DAY [ALL OF YOU BEFORE THE LORD] — This teaches that Moses assembled them in the presence of the Omnipresent on the day of his death, in order to initiate them into a covenant with Him.

YE ARE STANDING THIS DAY ALL OF YOU BEFORE THE ETERNAL YOUR G-D. The meaning thereof is that you are standing and ready before G-d to be initiated into His covenant. For, in order to accept the Torah with its interpretation, they had gathered before him [Moses], or they may have stood before the ark of G-d. The covenant was the oath and imprecation which he mentioned — that thou shouldest enter into the covenant of the Eternal thy G-d, and into His oath.¹Verse 11. It is possible that he made another covenant with them like the first covenant which he made with them at Mount Sinai,²Exodus 24:4-5. namely, that he offered a burnt-offering on their behalf, and took half of the blood to sprinkle upon the altar and he sprinkled half of the blood upon the people, but it was unnecessary for him to mention this. And by way of the Truth, [the mystic teachings of the Cabala], I have already informed you of [the secret of] this covenant.³See Ramban to Leviticus 26:12.

אתם נצבים היום, "You are standing today, etc." We have to analyse what these words are meant to tell us. Besides, why did Moses have to single out ראשיכם, טפכם, "your heads and your children," and did not simply say כלכם, "all of you?" Moreover, what was the reason for this covenant? Just a few lines ago (28,69) Moses had written: "these are the words of the covenant, etc." If Moses was anxious to include what is written in this portion in the covenant, he should have written this chapter sooner and everything would have been included in what are described as "the words of the covenant in 28,69."

אתם נצבים היום כולכם, as we know from verse 1:'ויקרא משה את כל ישראל וגו

אתם נצבים...לפני ה' אלוקיכם , so that anyone who is capable of misleading me cannot mislead Him. You will accept this covenant in His presence, on His authority, not merely on mine.

אתם נצבים ....ראשיכם שבטיכם, “You are standing…. The heads of your tribes, etc.” Rashi understands this verse as referring to ”the heads of your tribes,” as if the Torah had written לשבטיכם. Nachmanides interprets the grammatical anomaly differently. The word כלכם, “all of you,” is to be understood as a headline, whereas with the words ראשיכם Moses begins to enumerate the different groups of people that are made up by the term כלכם, “all of you.” He understands the words: זקניכם ושוטריכם as meaning that the elders and the law-enforcers are the ones who constitute the people’s heads. Moses had first referred to as ראשיכם, “your heads.” An elderly, white-haired person is normally considered as the “head” of the community in which he resides, [when there was such a thing as a patriarchal society. Ed.] Moreover, anyone who has been endowed by the people with a degree of administrative power is considered part of the “heads of the people.” Moses adds that the entire people were present down to the youngest members, the טף, and even recent proselytes. The latter were the surviving members of the ערב רב, the mixed multitude that had climbed on the Jewish bandwagon at the Exodus. Moses also divides the people into social strata, that is why he points out that even the lowest social strata, the choppers of wood and the carriers of water, were present on the occasion mentioned. Everyone present was included in the covenant, and, as we shall hear shortly, even the as yet unborn. Quite possibly, Moses considered that the very presence of even the infants ensured that they too received credit for wanting to be included in this covenant, similar to the interpretation by our sages that the reason why the mothers brought their small children was in order to hear the king or the High Priest read the Torah publicly once in seven years on the second day of the Sukkot festival, the occasion known as Hakhel. Our sages, (Tanchuma among others) some of whom feel that there were isolated cases of Canaanites wanting to convert to Judaism even while the Israelites were still in the desert, say that these are the ones described here as hewers of wood and carriers of water. Although Moses did not make a treaty with them, he accepted them as slaves and they had undertaken to observe the seven commandments applicable to all of mankind. The difference between those and the Gibeonites in the days of Joshua, was that the latter deceived the Israelites by misrepresenting their origin. The former simply wanted to make peace with the Jews, as they would have had an opportunity to do prior to an attack on them.

This teaches that Moshe gathered them, etc. You might ask: From where does Rashi know this? Perhaps he did not gather them but rather each one remained in his encampment and Moshe stood in the middle? Furthermore, why does Rashi explain To introduce them into the covenant”? This is explicitly written in the verse? The answer is that he explains to introduce them into the covenant as this proves that he gathered them together, since one cannot make a covenant except through a rite of passage as we see later (v. 11). If so, since the verse writes that He introduced them into a covenant, Moshe must have uprooted them from their place and gathered them together, in order to perform this rite of passage with them into the covenant.

VV. 9 u. 10. אתם נצבים. Mosche unterbrach die Verkündung der nationalen Zukunft, um, wie wir zu Kap. 28, 69 bemerkt, durch Erinnerung an erlebte Tatsachen die gerechte Würdigung der bis dahin gegebenen Segen- und Fluchverkündigung zu veranlassen und durch einige Erläuterungen eine missverstehende Auffassung derselben zu verhüten. Die Tatsachen, auf welche hingewiesen werden sollte, sind Verse 1 — 8 enthalten; hier, Verse 9 — 20, folgen nun die Erläuterungen. Verse 9 — 14 begegnen dem Missverständnis einer etwaigen Beschränkung der Bundesverpflichtung zum Gesetze auf bestimmte Stände und Geschlechter oder auf bestimmte Zeit. Vielmehr wird der Bund und der Eid für alles, was zu Israel zählt, und für alle Folgegeschlechter ausgesprochen. Verse 15 — 20 wird dem Irrtum begegnet, als ob die Segen- und Unsegenverkündigungen nur den nationalen Abfall im Auge hätten und somit der einzelne sich einen Freipass für ein gesetzwidriges Leben ausstellen könnte, so lange die Gesamtheit als solche Gott und seinem Gesetze die Treue hält. Dieser verderbliche Irrtum dürfte umsomehr ins Auge zu fassen gewesen sein, da Kap. 27 vor dem Auseinandergehen der Volksgesamtheit in die vereinzelnde Niederlassung im Lande gerade die bleibende Zusammenhörigkeit und die solidarische Verpflichtung aller für die Aufrechthaltung und Erfüllung des Gesetzes ausgesprochen worden war, so dass der einzelne mit der pflichtgetreuen Führung seines Einzellebens seine Aufgabe nimmer als gelöst betrachten konnte, wenn er nicht voll das Seinige für die Aufrechthaltung und Erfüllung des Gesetzes in dem ganzen Kreise seiner Gesamtheit getan hatte, daher ja auch Kap. 28 durch die ברכות und קללות, insbesondere die letzteren, wie wir bemerkt, dem einzelnen fühlbar zum Bewusstsein gebracht wurde, wie herb seine Mitleidenschaft sich gestalten könnte, wenn er dem Gesamtabfall und dem damit drohenden Gesamtruin gleichgültig zuschauen würde. Da war denn auch eine irrtümliche Auffassung der anderen Seite der Solidarität nahe gelegt, dass der einzelne für sein Heil genug getan haben könnte, wenn er das Gesetz als Gesamtanliegen gebührend aufrecht zu halten mitgewirkt, sein Einzelleben aber der Herrschaft des göttlichen Gesetzes entzogen hätte; sein Teil an dem Gesamtsegen, dürfte er glauben, bliebe ihm gesichert, wenn auch sein Einzelleben das prüfende Gottesauge nicht ertrüge. Dieser verderblichen Selbsttäuschung treten die Verse 15-20 entgegen.

אתם נצבים היום כולכם, “you are all standing at attention this day;” all at the same time; ordinary Israelites, judges, law enforcers. היום כולכם, “all of you as a unified congregation.”

אתם נצבים היום כולכם, “you are standing this day all of you;” all of you regardless of your social standing in the community are equally standing facing the Lord, in order to enter into the new covenant. (see verse 11). This had already been announced by Moses in the verses of our chapter leading up to this point.

ראשיכם שבטיכם means as much as ראשיכם לשבטיכם YOUR HEADS OF YOUR TRIBES.

ראשיכם שבטיכם זקניכם ושוטריכם, the people Moses describes as ראשיכם, are those who are heads of their tribes, elsewhere referred to as נשיאים, “princes. The term ראשalways includes the people who wield authority. זקניכם, your judges. ושוטריכם, the law enforcers empowered by the judges to enforce their judgments. Each one of these categories of people have the duty to teach the people (within the parameters of their special competence) how much better it is for them to accept Torah law than to defy it or neglect it.

On the day that he died, to introduce them into the covenant. Since it is written this day it implies, this day my years are complete, i.e., this day I will die. ([See] Re”m). Alternatively, if you do not say this, why did he gather them now more than during the entire forty years? It is understandable if it was the day of his death, because if not now, then when? But if it was not the day of his death, why [do it] now more than the entire forty years?

It appears that what Moses wanted with this new covenant was to make the Israelites responsible for one another in their מצוה-performance. Each Jew has to see to it that his fellow Jew does not stumble and commit sins. The proof that this is what Moses had in mind here is to be found in verse 28 of our chapter where the Israelites are relieved of their responsibility when the nature of the sin committed is one that is secret. The Torah emphasises הנגלות, "publicly committed sins," must be dealt with by ourselves. It is clear that that verse speaks of the mutual responsibility of one Jew for the conduct of another. Naturally, the degree to which we have to carry out this responsibility varies with our position in the community.

RASHEICHEM SHIVTEICHEM.’ In the opinion of Rabbi Abraham ibn Ezra this means rasheichem rashei shivteichem (“your heads, the heads of your tribes”),⁴Since a noun in the construct form cannot have a pronoun suffix, the term rasheichem cannot mean “your heads of.” Therefore Ibn Ezra adds the words rashei, interpreting the phrase as “your heads, ‘the heads of’ your tribes.” See Vol. IV, p. 115, Note 283 for the same principle as applied to another example. like and the prophecy of Oded the prophet⁵Chronicles 15:8. Here the point is that a noun in the construct form cannot have the prefix hei indicating the definite article. Hence the word v’hanevuah cannot mean “and the prophecy of.” We must therefore add the word nevuath, meaning: “and the prophecy, ‘a prophecy of’ Oded.” See Vol. IV, p. 115, Note 284 where the same example is mentioned. [which means “and the prophecy, the prophecy of Oded the prophet”].⁵Chronicles 15:8. Here the point is that a noun in the construct form cannot have the prefix hei indicating the definite article. Hence the word v’hanevuah cannot mean “and the prophecy of.” We must therefore add the word nevuath, meaning: “and the prophecy, ‘a prophecy of’ Oded.” See Vol. IV, p. 115, Note 284 where the same example is mentioned.
In my opinion the verse generalizes and then specifies. The generalization is: “your heads and all your tribes,” and then it specifies your elders, and your officers who are your heads, for the elder and the man of rank, he is the head.⁶Isaiah 9:14. Similarly, he stated Assemble unto me all the elders of your tribes, and your officers,⁷Further 31:28. for any person who has authority and appointive power over the public is called rosh (head). Thus it is said of the princes [of the tribes], they were ‘the heads of’ the thousands of Israel,⁸Numbers 1:16. for they were the highest rank of all the thousands of Israel. And it is stated of the spies, [all of them were] ‘heads of’ the children of Israel,⁹Ibid., 13:3. meaning they were “among” the heads of the children of Israel, not the heads of all the children of Israel — and they were all included in the term your heads. He then stated again even all the men of Israel who comprise your tribes.
Then he mentioned further the little children, the women, the strangers, the hewers of wood and drawers of water¹⁰Verse 10. whom they had from among the mixed multitude.¹¹Exodus 12:38. He had made them bring the little ones, in order to include them in the covenant, for he made the covenant even with the future generations,¹²Verses 13-14. or [the children may have been brought] to make them [i.e., the parents] deserving of Divine reward for bringing them, like the reason the Rabbis gave regarding [the commandment of] the Assembly.¹³See Ramban further 31:13. And our Rabbis have said¹⁴So mentioned by Rashi. Ramban himself further on refers to a similar text from the Tanchuma. See further, Note 18. that some Canaanites [posing as proselytes] came in Moses’ days just as they came in Joshua’s days¹⁵Joshua 9:2-27. and Moses made them hewers of wood and drawers of water for the congregation, and for the Tabernacle of G-d.¹⁶Ibid., Verse 27. The verse there states: for ‘the altar of’ G-d. Now, the intent of the Rabbis is not to state that these Canaanites deceived Moses [as they misled Joshua]; instead, they came to him to make peace with him, for such is the law as we have explained.¹⁷See above, 20:11. Thus I found in Midrash Tanchuma:¹⁸Tanchuma, Nitzavim 2. “This teaches you that they [the Canaanites] came before Moses and he did not accept them.” That is to say, they could not deceive him into making a covenant with them, but he immediately made them hewers of wood and drawers of water.

ישב) יצב .אתם נצבים mit dem צ-Laut) bezeichnet nicht wie עמד nur die stehende Stellung, sondern es ist ein Stehen mit Festigkeit, Kraft und energievoller Ausdauer. Gedankenreich erläutert תנחומא z. St. die Wahl dieses Ausdrucks an dieser Stelle, statt des gewöhnlichen ja auch V. 14 gebrauchten עמד. All den geschilderten unsäglichen Leiden gegenüber seid ihr doch נצבים, seid ihr doch die Aufrecht- und Festbleibenden; sie können alle über eure Häupter hingehen, ihr überdauert sie alle, חצי אכלה בם (K. 32, 23) חצי כלין והן אינן כלין. Ja, die Leiden selbst sichern eure Dauer, weil sie eure Besserung sichern. הן מעמידות אתכם וכן הוא אומר למען ענתך לנסתך וגו׳ (K. 8, 2). Und auch: אתם נצבים, ihr seid die Bleibenden! Ich gehe hin, und auch Josua, dem ich euch übergebe, geht hin, und so auch die von Geschlecht zu Geschlecht nachfolgenden Führer, sie alle gehen hin, und die Eigenart der Führer wechselt, — nur ihr, die Nation ist das Unsterbliche, Ewige, das Bleibende, in ihr vererbt sich der Genius und der Geist, dem Gott die Fortdauer seines Werkes anvertraut und in dessen Dienst jeder Führer eintritt. Die Nation ist die מצבה, die ewige Säule seines Gesetzes. דבר אחר מפני מה עשאן משה מצבה מפני שמשתמשין מדעת לדעת מדעת משה לדעת יהושע מדעת יהושע לדעת הזקנים. ואף יהושע עשאן מצבה שנא׳ (יהושע כד א׳) ויאסוף יהושע את כל שבטי ישראל שכמה ויקרא לוקני ישראל וגו׳ ויתיצבו לפני האלקים. ואף שמואל שמשתמשין מדעתו לדעת מלכים עשאן מצבה שנאמר ועתה התיצבו ואשפטה אתכם לפני ד׳ (שמואל א׳ י׳׳ב ז׳)

The different attributes used in this verse include: even women, children, converts; these latter are included under the sub-heading of כל איש ישראל.

ראשיכם, זקניכם, the leaders of your tribes; who are these leaders? זקניכם ושוטריכם, “your elders and your appointed officials;”

זקניכם ושטריכם YOUR ELDERS AND YOUR OFFICERS — The more prominent were in front (i.e. they stood before the Lord in the order of their rank), and afterwards: “all the men of Israel”.

Your chieftains of your tribes. Otherwise, if it means your chieftains and your tribes, each category by itself, why mention the chieftains at all? Once it writes your tribes the chieftains are included? And also, why mention the other details since all are included in your tribes”? This is no difficulty if the verse means your chieftains of your tribes, for you can say that the verse first mentions your chieftains, then your elders, afterwards your law officers, and afterwards all of Yisrael, i.e., the more prominent being listed first. But if your chieftains and your tribes are two entities, why mention chieftains at all? And if you ask: Why does it write ראשיכם (your chieftains) and not ראשי שבטיכם (the chieftains of your tribes)? The answer is to teach us that the prince of the generation is equal to the entire generation.

Let us now understand the meaning of the words: "you are standing here today." We may best understand this by referring to Ruth,2,5 נצב על הקוצרים, "the one standing over the reapers." The word in Ruth means "the one appointed over the reapers." Moses added the word כלכם, "all of you," to make plain that the mutual responsibility with which he charged each member of the people applied to one and all. We have been taught in Shabbat 54 that anyone who is in a position to protest a sin being committed by a fellow Jew, and who does not exercise his power of protest will be considered as an accessory to that sin. Some people's authority extends to their entire city whereas others may have authority to do this only within the walls of their own houses. Every Jew is responsible in the parameter where he can enforce his will. ראשיכם refers to the highly placed individuals in society. Such people share in the responsibility of the conduct of the whole nation. שבטיכם refers to heads of tribes, whereas זקניכם ושוטריכם, refers to heads of households, "your elders and law enforcement officers." Finally, כל איש ישראל, every man of this people possesses some influence over other members of his household. At this point the Torah interrupts before continuing with its reference to children, women, and proselytes. They are listed separately as they are the ones who will not become accessories when they do not admonish fellow Jews about their duties to perform the commandments. Children are not culpable as they do not understand the meaning of sin. How could they be expected to call their elders to order? The same applies to the women. Proselytes most certainly cannot be expected to call to order Jews who are natural born Jews. Our sages explained in Yevamot 45 that Deut. 17,15 שום תשים עליך מלך, is restrictive and means that only a fellow Jew may be appointed over you. However, we know from Niddah 13 that there is an obligation for Jews to call proselytes to order, and that Jews who fail to do so may find themselves culpable as accessories if the proselyte commits a sin.

ראשיכם שבטיכם, nicht ושבטיכם, nicht die Stämme neben den Häuptern, sondern in den Häuptern ganz eigentlich die Stämme; nicht vor allem auf die Häupter, auf die Stämme zählt Gott auch, nachdem ihnen Häupter bestellt worden. ראשיכם שכטיכם אעפ׳׳י שמניתי לכם .ראשים וקנים ושוטרים כולכם שוין לפני שנ׳ כל איש ישראל (תנחומא) Ebenso טפכם נשיכם, nicht ונשיכם, nicht die Frauen neben den Kindern. Kinder und Frauen sind identisch. Soll Gott auf eure Kinder zählen dürfen, so muss er auf eure Frauen rechnen können; denn auf der Frauen treuen Hingebung an Gott beruht die geistige und sittliche Zukunft der Kinder.

Something deeper hinted to in the meaning of the words you all standing... is that all those who are distant from holiness (transgressors), their 'standing' is lowly and their heads are sullen; however for THIS it is written 'you all standing...' to be standing in front of Hashem--to be before Hashem...[even they] should stand and raise their heads!

מחטב עציך עד שאב מימיך (siehe Bereschit 14, 22-24).

ראשיכם שבטיכם, “your heads (leaders), your tribes, etc.” The meaning is: “your heads, who are the leaders of your respective tribes.” Moses listed the more distinguished people first, afterwards the adult males, followed by the male children who were under age, followed by the women, concluding with the proselytes.

טפכם נשיכם schaut wie alle vorhergehenden אתם וגו׳ die Nation in allen ihren Gliedern an; der גר aber ist Angehöriger der Gesamtnation, daher גרך. Auch חוטב עציך und שואב מימיך werden Jebamoth 79 a von dem Nationaldienst hörigen Arbeitern wie Josua 9, 21 verstanden.

כל איש ישראל, “every man in Israel.” The sages in Tanchuma Nitzavim 1 use this expression to teach us that every man in Israel is co-responsible for the sin of every other Israelite. They bring practical proof for this from Joshua 7,11 where G’d told Joshua that the sin of one man, Achan ben Karmi, was the reason that the entire people had suffered a military setback at the hands of a small town, Ai. The words describing Achan’s sin are: “Israel has sinned.” This spells out the extent to which every Israelite shares in the sin of another Israelite. [Obviously, there are degrees in such sharing of another Israelite’s sin. Ed.] This is also why we read in Leviticus 26,37: וכשלו איש באחיו, “they shall stumble one over the other.” Our sages in Sanhedrin 27 interpret these words as meaning “they shall stumble over the sins of one another.” This teaches the principle of reciprocal responsibility of one Israelite for the conduct of (all) other Israelites. If such reciprocal responsibility extends to all Israelites sharing misfortune on account of the sins committed by a few, how much more so will it apply to the reciprocal entitlement to enjoyment by all Israelites of good fortune (life in the hereafter), the entitlement to which was merited by the few! This is the meaning of the words of Eliphaz to Job ימלט אי נקי, “he will deliver the guilty; He will be delivered through the cleanness of your hands.” (Job 22,30) In other words, a single individual with “clean” hands can be the instrument through which all the inhabitants of an island are saved. One single individual whose lifestyle is beyond reproach may save [for a period of time, Ed.] all his peers from impending doom. It follows that seeing while a righteous person is alive he saves his compatriots from doom, the death of such a man is a signal for all his compatriots to repent their sins, as they have been deprived of the protective merit of this righteous person. We have a principle that מדה טובה מרובה על מדת פורענות, that the range of the application of measures of good exceeds the range of the application of measures of evil. Hence if the righteous shares in the guilt of the sinner, the sinner benefits even more strongly from the merits accumulated by the righteous (Sotah 11).