Commento su Deuteronomio 33:21

וירא ראשית לו AND HE SAW THE FIRST PART FOR HIMSELF — i.e. he saw good to take for himself territory in the land of Sihon and Og, the subjugation of which was the beginning (ראשית) of the conquest of the Land,

וירא ראשית לו, he was also entitled to this, although when the tribe of Gad chose lands formerly belonging to Sichon or Og, a land which was not part of the “Holy Land,” there had been additional motivation to that of having good grazing land for their flocks, namely that their part of the land would contain Moses’ burial place. This is the meaning of the reference to מחוקק, “the legislator” in our verse.

וירא ראשית לו. "He chose the first portion for himself." Moses means that actually the ראשית, i.e. the Torah, should have been his share as Moses the lawgiver was buried in his territory. Alternatively, Gad became custodian of a חלק, a small part of the lawgiver, i.e. Moses' earthly remains securely hidden. The reason why Moses was buried there, i.e. on the East Bank of the Jordan was ויתא ראשי עם, in order for the generation of the Exodus, the heads of the nation, to eventually be resurrected together with Moses in order to be allowed to cross the Jordan. The reason that generation is referred to as ראשי עם is that they were the generation whom G'd acquired as His people.

כי שם חלקת מחוקק ספון, “for it is there that the lawgiver’s plot is hidden.” Ibn Ezra understands the three words חלקת, מחוקק, ספון as if the Torah had written חלק ומחוקק וספון, that Gad had three reasons for choosing the portion he chose, 1) the land was very desirable, 2) the lawgiver, Moses, would be buried on that land, 3) there the Emorites had fancy houses with paneled walls.. He quotes Chagai 1,4 speaking of בבתיכם ספונים, “in your houses with the paneled walls and ceilings,” as another example of the use of the word ספון in that sense.

In the territory of Sichon and Og, which was foremost in the conquest, etc. Rashi adds the word conquest so that ראשית (foremost) [which serves as an adjective] is connected with the word after it, because there is no case where ראשית is not connected with the word after it. Rashi explains so explicitly at the beginning of parshas Bereishis (1:1).

V. 21. וירא וגו׳ כי וגו׳. Es kann dieses כי nicht füglich das Motiv für Gads Wahl seines transjordanischen Besitzes angeben. Dass Mosche sein Grab in dem ihm zufallenden Gebiete finden werde, war ja zur Zeit dieser Wahl noch nicht bekannt und lagen ja überhaupt dieser Wahl ganz andere Motive zu Grunde. Wir glauben vielmehr וירא ראשית לו, sage: er hat sich ein Erstes, den Anfang des künftigen jüdischen Landes ersehen. Er hat sich mit dieser Wahl nicht außer Zusammenhang mit dem nationalen Ganzen gesetzt. Gads Gebiet wird nicht Ausland sein. Es gehört mit zum heiligen Lande, zum Boden des Gottesgesetzes (שביעית IX, 2; Bamidbar 34, 2), sein Gebiet bildet das ראשית, den Anfang des jüdischen Landes, ׳כי שם וגו, denn auch der Gesetzgeber, auch Mosche hat dort sein Grab und damit seinen Anteil. Diese Grabesstätte des Gesetzgebers steht im Einklange mit der Bedeutung des Bodens als Gebiet des Gesetzes. ספון kann sich des Geschlechts halber nur auf מחוקק beziehen und ist den Akzenten zufolge nicht Attribut, sondern Apposition zu מחוקק. Mosche ward ספון: den Augen seines Volkes entrückt. Er starb, aber sein Grab blieb unbekannt (Kap. 34, 6).

וירא ראשית לו, “he chose a first part for himself;” (the tribe of Gad) he chose the first part of the available land of Canaan for himself.” This is a reference to the lands formerly owned by the kingdom of Sichon and the kingdom of Og, both on the east bank of the river Jordan.

וירא ראשית לו, “he chose a first part for himself.” Even though the Ammonites and Moabites dispute his territorial claims to its land, as is evident from Judges 11,13 and Yiftach rebutting their arguments. (Compare Rashi there) Another interpretation of this line: What is the meaning of the phrase: כי שם חלקת מחוקק צפון, “for in part of that land the grave of the Israelites’ lawgiver (Moses would be hidden)" Alternately, Reuven has been referred to as the lawgiver; in Judges 5,15, when Deborah describes him as such with the words: בפלגות ראובן גדולים חקקי לב, “among the clans of Reuven who were debating great decisions of the heart.” The Reuvenites had long been entrenched in these lands already, (at the time of Yiftach, 300 years after Moses had died). According to yet another interpretation the whole line speaks about both Reuven and Gad, the two tribes who had decided to settle on the east bank of the Jordan river. Since both of these tribes had proven outstandingly strong, Moses accords them recognition already in his parting words to the people.

כי שם חלקת BECAUSE THERE WAS THE PORTION — i.e., because he knew that there in his territory was the portion of the field where was the grave of the מחקק, THE LAWGIVER, viz., Moses,

ויתא ראשי עם, this was where the leaders of the people came together at the head of the nation in order to conquer the land.

צדקת ה' עשה, “he exacted G’d’s righteous justice.” The Midrash states that the words וירא ראשית לו mean that Gad took the lands of Sichon and Og, which represented the beginning, ראשית, of the Israelites’ conquest of the Canaanite nations. By doing so he did a צדקה, a righteous deed for the whole of the people of Israel, who learned from that tribe to build fortified cities. All the elderly and sick people of Israel stayed in those fortified cities during the seven years that the conquest of the land lasted.

For he knew that there, in his territory, was the plot [of the great scribe’s burial ground]. Rashi has to say this because the plain meaning of the verse implies that the great scribe’s is already buried there, and this is not so since Moshe was still alive at that time. Therefore he explains that he knew through tradition or prophecy. By adding the word burial Rashi also rectifies [a misunderstanding], as the verse implies that the great scribe had a portion in the land as it says, חלקת מחוקק ספון (lit. the great scribe’s plot), whereas Moshe did not have a portion or inheritance in the land. Therefore he explains, The plot of the great scribe’s burial ground. He adds the word field because חלקת (plot, but lit. portion) implies a portion of something and one needs to know of what is it a portion. Therefore Rashi adds the word field as in the verse (Ruth 4:3), The portion of the field that belonged to our brother.

Another meaning of the words וירא ראשית לו is that it is a reference to the initial inheritance this tribe took possession of in the lands formerly owned by Sichon and Og. The word לו means that it became his inheritance rightfully. It was not just a land grab. There was a need to confirm this in view of Ketuvot 111 that anyone who lived in the land of Israel or is buried there is assured of a portion of the hereafter. Moses had to confirm that as far as the land of Gad (and Reuven and half the tribe of Menashe) is concerned the same consideration applied. The words כי שם חלקת מחקק ספון mean that just as Moses who is buried in that land will be resurrected so will be the tribe of Gad, or vice versa, i.e. that Moses was not buried in exile.

ויתא ראשי עם וגו׳ sind Worte, die gleichsam als Grabschrift, die Mosche sich selber setzte, über der Gegend seiner Grabstätte, sein Andenken verewigend, schweben mögen. "Er war zur Führerschaft des Volkes gelangt und hatte als Gottes Gesandter alle die Wohltaten und die ernsten Verhängnisse zu vermitteln gehabt, welche Gott an Jisrael zu vollbringen beschlossen hatte." ראשי עם (vergl. Chron. I. 12, 18). ׳צדקת ד siehe Bereschit 15, 6.

כי שם חלקת מחוקק ספון, this needs to be translated as does Targum Onkelos, “he knew that the lawgiver, (Moses) would be buried on that portion of ancestral land.” This is why he chose this part of the territory of the east bank, although he also knew that Ammon and Moav both had claims on that piece of land. If he had worried about their claims being honoured in the future, he would not have chosen it as his share of the Holy Land.

ספון HIDDEN — i.e. that field was hidden and concealed from every creature, as it is said (Deuteronomy 34:6) “And no man knows his burial place” (Sifrei Devarim 355:6).

צדקת ה' עשה ומשפטיו עם ישראל, this was where the legislator, מחוקק, performed the righteous deeds of Hashem, by explaining to them G’d’s Torah in detail. This was also where the people of Israel were judged, and where Moses argued with the people about the application of the various social laws of the Torah. The term is found in Samuel I 12,7 where the prophet Samuel tells the people to line up so that he can not only judge the people but explain the righteousness of the laws of G’d, i.e. צדקות ה'.

That plot is concealed, hidden, etc. Rashi says this so that one should not say that the great scribe is hidden, but rather the place of his burial, i.e., the plot he is buried in, as it is written (below 34:6), No man knows his burial place. There are those who question, how is it possible to say that Moshe’s burial place is in Gad’s inheritance? Was not his burial at Mount Nevo, as it is written below (34:1), Moshe went up from the plains of Moav to Mount Nevo etc. and Mount Nevo was in the inheritance of Reuvein as it is written in parshas Matos (Bamidbar 32:37-38), The tribe of Reuvein built up Cheshbon, etc. [and] Nevo, etc. It seems to me that the plain of Nevo was large and the town was established in the plain, while the mountain was in the portion of Gad. And because the mountain and town originally belonged to one person, the mountain was called by the town’s name. Also, it was not all that far from the town and it was situated in the plain of the town. Therefore the mountain was named after the town.

צדקת ה׳ עשה. "carrying out G'd's justice." These words refer to Moses again. This is the explanation why Moses would merit to bring others with him at the time of the resurrection. He had performed acts of righteousness vis-a-vis G'd.

ויתא AND HE CAME — i.e. Gad came.

Another interpretation: “He came” — Moshe, etc. Because according to the first interpretation you might ask why it says [specifically] of Gad that he came at the head of the people, since Reuvein and the half tribe of Menashe also went before their brothers. Therefore he gives another interpretation. And according to the alternative interpretation you might ask why it mentions Moshe’s righteousness in the blessing of Gad. Therefore he gives the first interpretation.

An alternative explanation may be that Moses had done more than was required of him, i.e. צדק, as we have already mentioned in our commentary on Deut. 6,25 וצדקה תהיה לנו (pages 1815-16). ומשפטיו עשה עם ישראל. This means that Moses was constantly involved in defending the Israelites vis-a-vis G'd, usually succeeding to wrest a favourable verdict from Him, such as in the matter of the golden calf, the uprising of Korach, etc. The word עשה may be understood as "rectified, rehabilitated."

צדקת ה' עשה, “he fulfilled the promise he had made to G–d via Moses to be in the vanguard of the army battling for the land on the west bank of the Jordan.

ראשי עם AT THE HEAD OF THE PEOPLE — They (the men of Gad) marched before the armed men at the conquest of the Land, because they were mighty, and thus does it state that Joshua said to them, (Joshua 1:14) “Ye shall pass armed before your brethren, etc.”.

Still another meaning of our verse may be to understand the words צדקת ה׳ עשה as referring to how G'd dealt with Moses when He decreed that Moses be buried on the East Bank of the Jordan and did not let him complete his prayer in which Moses had asked to be allowed to remain with the main body of the Israelites. The words עם ישראל are a reference to incidents which caused Moses problems.

צדקת ה' עשה HE DID THE RIGHTEOUSNESS OF THE LORD — because they proved true to their word and kept their promise to cross the Jordan and to remain there until they (the Israelites) had conquered it and divided it amongst the tribes. — Another explanation: ויתא AND HE — the Lawgiver, Moses — CAME ראשי עם AT THE HEAD OF THE PEOPLE, צדקת ה' עשה HE DID THE RIGHTEOUSNESS OF THE LORD — This, too, is spoken of Moses (cf. Sifrei Devarim 355:9).

Alternatively, the words צדקת ה׳ עשה may refer to Gad who acted in a manner which G'd considered as righteous when this tribe undertook to join the main body of the Israelites and to remain with them until completion of the wars of conquest. If we were to consider the matter on a purely legal basis, i.e. their obligations vis-a-vis G'd, the tribe of Gad was not obligated to do this. They had received their inheritance in the place of their choosing as they had argued at the time in Numbers 32,5. If that had not been so G'd would never have consented for them to remain on that territory. As a result, the fact that they crossed the Jordan as the vanguard of the Israelite army was an act that was considered as righteousness for them. However, it was an act of righteousness only vis-a-vis G'd. Vis-a-vis their compatriots it was a sacred duty, not something for which they deserved a reward. The wording צדקת השם עשה is very appropriate then.

The wording ומשפטיו עם ישראל is equally appropriate as it stresses that what the people of Gad did with Israel was no more than what the law demanded of them. If they wanted to appear free from guilt both in the eyes of G'd and in the eyes of Israel they could not have done any less. Seeing that G'd was not in need of the bravery of the soldiers from the tribe of Gad, the Torah describes their fulfilling their duty as applying only to the Israelites.