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ואל משה אמר עלה אל ה' אתה ואהרן נדב ואביהו ושבעים מזקני ישראל, “and He had said to Moses: “ascend, you and Aaron, Nadav and Avihu as well as 70 of the elders of Israel.” I find it puzzling that Eleazar and ittamar, Aaron’s other sons, were not included in this invitation. Surely they were more distinguished than the seventy elders mentioned in our verse. We have a list of the respective rank of Israelite dignitaries at the time in Maimonides ביאת המקדש ה,יג in which he enumerates the following ranks in this order: Aaron, Eleazar, Ittamar, and Pinchas. The above-mentioned all rose to the position of High Priest, and were superior in a variety of ways to the seventy elders. We have a tradition that Nadav and Avihu had already become guilty of death by burning during the episode introduced here (Vayikra Rabbah, 22,10) when they “saw G’d,” i.e. they treated their spiritual high as if it were something ordinary, not even interrupting their eating and drinking during the time they enjoyed this vision. (compare verse 11) Had they not been so highly placed, they might not have been punished in such a salutary manner. At any rate, G’d Who foresees events without necessarily interfering in them, knew that Nadav and Avihu would commit an even greater indiscretion in their enthusiasm to participate in the consecration of the Tabernacle. They were not punished on the occasion described here, as G’d did not want to mar the joy experienced by the people on that day. At the same time, G’d did not want that Aaron would die without a son or grandson who could inherit the office of High Priest. In order not to have all of Aaron’s sons become guilty of the same offence, He did not invite them at the time to accompany Moses part of the way on his ascent to the Mountain. According to Rashi this portion describes events which occurred on the 4th of Sivan, (2 days before the revelation). On the other hand, the instruction to Moses to ascend Mount Sinai (verse 12) occurred after the Ten Commandments had been given. Nachmanides does not agree with this scenario described by Rashi. He supports this by quoting 21,1 claiming that what Moses told the people then were not the 7 Noachide laws, taught to the people at Marah, but laws revealed to him on Mount Sinai. The words ואת כל המשפטים in our verse here (verse 3) as well as the expression ויספר, an expression used only when something new is being revealed, make it plain that this occurred after the giving of the Torah. These were laws mentioned to Moses immediately after the Ten Commandments had been given, laws introduced with the words כה תאמר לבית יעקב, in G’d added there a reference to the people’s visual experience, i.e. אתם ראיתם “you have witnessed, etc.” (at Mount Sinai, i.e. the revelation) Subsequently, G’d commanded the משפטים to the people as described in chapter 21, and the people accepted all of these joyfully, culminating in their declaration כל הדברים אשר דבר ה' נעשה, “we will perform all the instructions G’d has issued.” (24,3) This was a declaration of faith in Moses who had conveyed all these laws to them in the name of Hashem. It was at this point that G’d said to Moses to tell the people to go back to their respective tents. (Deut. 5,27) It is reported there that the people went back to their tents and made a great celebration on that day. They prepared the slaughtering of the animals for the following day as there was not enough time left on the day of the revelation to build a major altar and 12 minor altars known as מצבה. (compare verse 4) Moses had meanwhile written down all that had been revealed on that day orally. It was better to give the people time to prepare properly for the conclusion of the covenant on the following day. On that day the people rose early in readiness for what was to develop. The people stood at the foot of Mount Sinai, the very place where they had stood to receive the Ten Commandments. It was here that Moses built the altar and the 12 pillars representing the 12 tribes of Israel. After the offerings had been presented on the altar, Moses read for the people what he had written down on the previous day. (verse 6) and the people responded with the famous נעשה ונשמע, “we are prepared to carry it out, let’s hear the details.” The words ויעל משה ואהרן concluded the making of the covenant. G’d invited Moses to ascend the Mountain once more and there to receive the Tablets on which were inscribed the Ten Commandments in G’d’s own writing, and to remain on the Mountain for some time, (verse 12) speaks of the day following the giving of the Torah, the 7th day of Sivan, G’d announced to him that at the end of that stay he would receive the Tablets. As to the grammatically strange wording ואל משה אמר עלה, which we would normally translate as “and He had said (previously to all this) to Moses: ‘ascend,’ etc.,” we have to understand this in context. Up until now the commandments Moses had related to the people were applicable to the people, including Moses, of course. Now the Torah refers to a commandment that had been given exclusively to Moses, to be performed only by him. G’d commanded him the details of this commandment after Moses had instructed the people in what they were expected to do, and had concluded the covenant with them. G’d then said to him “ascend to Me,” accompanied by the people enumerated, for a part of the way.

AND UNTO MOSES HE SAID: ‘COME UP UNTO THE ETERNAL etc.’ “This section was told to Moses before the giving of the Ten Commandments, on the fourth day of Sivan.” This is Rashi’s language. “And the Eternal said unto Moses: ‘Come up to Me into the mountain, and be there’⁴⁶⁵Verse 12 (further in this section). — this was said to Moses after the Giving of the Torah.” These too are Rashi’s words. But if so, the sections of the Torah are not in chronological order, nor even in their ordinary sense! Moreover, it is written here, And Moses came and told the people all the words of the Eternal, and all the ordinances,⁴⁶⁶Verse 3. which are these ordinances written above, concerning which He said, And these are the ordinances which thou shalt set before them.⁴⁶⁷Above, 21:1. For it is not correct to interpret the expression: and all the ordinances,⁴⁶⁶Verse 3. to mean [as Rashi wrote], the ordinances which “the sons of Noah”⁴⁶⁸See Vol. I, p. 417, Notes 147-8. were commanded, or the laws which were given to the Israelites in Marah⁴⁶⁹See above, 15:25. which they had already heard and knew, and besides, the word vayesapeir (and he told)⁴⁶⁶Verse 3. always indicates new things which one tells!
But Rabbi Abraham ibn Ezra has already grasped this subject correctly, in explaining the verses to be in their proper order, when he commented:⁴⁷⁰On the preceding Verse (23:33). “Up to here is the Book of the Covenant.” On the basis of this statement it can be seen that all the sections of the Torah are in methodical arrangement. For after the Giving of the Torah immediately on the same day G-d said to Moses, Thus shall you tell the children of Israel: Ye yourselves have seen that I have talked with you from heaven,⁴⁷¹Above, 20:19. and He began to warn them again against idolatry, by saying, Ye shall not make with Me etc.,⁴⁷²Ibid., Verse 20. and He continued to command him, Now these are the ordinances which thou shalt set before them,⁴⁶⁷Above, 21:1. and all the commandments following that, and finally He finished with the admonition against the worship of idols which they find in the Land, and against making a covenant with their worshippers. He then said to Moses, “After you have commanded them this, come up unto the Eternal, thou and Aaron.” The section mentions that Moses did according to the command of G-d, and came to the camp and told the people all the words of the Eternal⁴⁶⁶Verse 3. as He had commanded him, Thus shall you tell the children of Israel: Ye yourselves have seen etc.;⁴⁷¹Above, 20:19. and all the ordinances,⁴⁶⁶Verse 3. as He had commanded him, Now these are the ordinances which thou shalt set before them.⁴⁶⁷Above, 21:1. The people received everything with joy and said, All that the Eternal hath spoken will we do,⁴⁷³Above 19:8. See though my Hebrew commentary, p. 447, where it is pointed out that since this verse relates to an event before the Revelation and Ramban is now discussing the events after the Revelation, we must perforce understand his use of that verse, in a stylistic manner, namely, that the people joyfully accepted upon themselves the duty of observing all of G-d’s commandments. meaning that all these things which G-d has told you we will do, for we believe in your words; just as he narrated in the Book of Deuteronomy [that the people said to him], and thou shalt speak unto us all that the Eternal our G-d may speak unto thee; and we will hear it, and do it,⁴⁷⁴Deuteronomy 5:24. and then Moses wrote them down. Thus on that day he wrote down in a book all that he had been commanded — the statutes, the ordinances, and the laws — and he rose up early in the morning⁴⁷⁵Verse 4. of the following day to make a covenant with them concerning all this. He built the altar and offered the sacrifices,⁴⁷⁵Verse 4. and put half of the blood upon the altar of G-d, and half of it he put in basins⁴⁷⁶Verse 6. [in order to sprinkle upon the people],⁴⁷⁷As explained further in Ramban, (also in Rashi). For the reason of exact division into two equal parts see further in the text of Ramban and also in Note 479. and he took the book which he had written the day before and read it in their hearing,⁴⁷⁸Verse 7. and they accepted upon themselves to make the covenant with Him, saying. All that the Eternal hath spoken will we do, and hearken⁴⁷⁸Verse 7. to you and to whatever you will command in His Name. Then he sprinkled upon them half of the blood [which he had put in the basins], for this is the sign of a covenant, when two things⁴⁷⁹By putting half of the blood upon the altar of G-d and the other half upon the people, Moses indicated that “the two [parties to the covenant] come into equal parts.” See Deuteronomy 26:17-18, and also Vayikra Rabbah 6:5, where the equal division of the blood is explained as signifying that G-d swore to Israel never to exchange it for another nation, and Israel swore eternal fidelity to G-d. come in equal parts. Now after he finished what he did with them, he had to fulfill the word of G-d which He told him, Come up… thou and Aaron, etc. and it is with reference to this that it is said, Then went up Moses, and Aaron, Nadab, and Abihu etc.⁴⁸⁰Verse 9. He completed that which he had been commanded,⁴⁸¹I.e., And Moses alone shall come near unto the Eternal (Verse 2). by coming near alone unto the Eternal. It is with reference to this that it is said, And Moses entered into the midst of the cloud etc.⁴⁸²Further, Verse 18. Thus the act of the covenant took place on the day after the Giving of the Torah, and on that day was the ascent, when Moses went up into the mountain and he stayed from then on for forty days. It is with reference to this that Scripture explains, and on the seventh day He called unto Moses out of the midst of the cloud,⁴⁸³Ibid., Verse 16. [i.e., the seventh day of the month Sivan, which was the day after the Giving of the Torah], and it is said, And Moses entered into the midst of the cloud.⁴⁸²Further, Verse 18. All this is correctly and clearly explained.
Now I have seen in the Mechilta⁴⁸⁴Mechilta above, 19:10. That the Rabbis differed on this matter. Some say⁴⁸⁵This is the opinion of Rabbi Yishmael. that the making of the covenant took place before the Giving of the Torah — on the fifth day of Sivan — and Moses said to them: “Now you are bound, held and tied; tomorrow come and accept upon yourselves all the commandments.” But Rabbi Yosei the son of Rabbi Yehudah says: “All these acts were done on one and the same day,” that is to say all these acts were performed on the same day, namely the day after the Torah was given — all that Moses told the people and the writing of the Book of the Covenant — all as we have explained. And to this one [i.e., Rabbi Yosei the son of Rabbi Yehudah] we listen, since he has spoken according to the accepted opinion.⁴⁸⁶See Peah 4:1 for origin of this expression [“to this one we listen etc.”].

SAY [UNTO THE PRIESTS] … AND THOU SHALT SAY UNTO THEM. “[The repetition of the verb say … and thou shalt say is] to warn the adults about the children” [that they observe this law]. This is Rashi’s language on the basis of the words of our Rabbis.¹Yebamoth 114 a. Now the meaning of this “warning” is to state that we are not to assist with our hands in the defilement of children [but it does not intend to warn us that we are obliged to prevent them from becoming defiled]. There are many admonitions in the Torah of this nature according to the interpretation of our Rabbis,¹Yebamoth 114 a. such being the prohibitions against eating blood and swarming things, and against the defilement [of priests], and from them we learn that [it is applicable to] all prohibitions of the Torah, that we must not assist children in any case to transgress the law. But if they are doing it of their own accord, we²I.e., the court. But his father is obliged to rebuke him and prevent him from doing that which is forbidden (ibid., and such is the final decision of the law, Shulchan Aruch, Hilchoth Shabbath, 343). are not commanded to prevent them [from so doing since they have not yet reached the training period of minors for religious practices, but if they have reached that stage, everyone is commanded to prevent them from doing a prohibited act].³Shulchan Aruch ibid., Rama, and Mishnah Brurah, 7. The meaning of the verse according to its interpretation is then: “say unto the priests … and thou shalt say it over again to them, that they are not to defile themselves,” the purpose of the many warnings being [to teach] that all sons of Aaron are to be guarded from defilement, even the young ones. And Rabbi Abraham ibn Ezra said by way of the plain meaning of Scripture, that say unto the priests refers to the section mentioned above [i.e., Seder Kedoshim], since they [the priests] are the teachers of the Torah and it is they who admonish the people; and thou shalt say unto them, meaning those specific commandments which devolve upon them alone to observe, [as mentioned in this section]. But it is not correct [to interpret two such adjacent phrases as referring to two different sections].
In my opinion the plain sense of the verse is as follows: The meaning of emor (say) is like that of dabeir (speak): Give ear to ‘amarai,’ O Eternal⁴Psalms 5:2. is like d’varai (my words). A similar case is ‘imrei’(words of) truth.⁵Proverbs 22:21. This is equivalent to ‘divrei’ emeth (words of truth) — Ecclesiastes 12:10. So also: for it hath heard all ‘imrei’ (the words of) the Eternal.⁶Joshua 24:27. Here too it is like ‘divrei’ Hashem (the words of G-d) in Exodus 24:3. And the expression Go in unto Pharaoh ‘v’dibarta’ (and thou shalt speak) to him⁷Exodus 9:1. is like v’amarta (and thou shalt say). ‘Vayedabeir Mosheh’ (And Moses spoke) unto Aaron, and unto Elazar and unto Ithamar, his sons that were left: ‘Take the meal-offering,’⁸Above, 10:12. is like vayomer Mosheh (and Moses said). And so also you find in many places that both [amor and dabeir are used in one verse, such as:] ‘Dabeir (Speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,⁹Numbers 15:38. such usage [of the two verbs] being found in those sections where He wishes to warn them strongly [about a certain law] either because of the stringency of the matter, or on account of their habit to commit that sin. Thus ‘emor’ (say) unto the priests … ‘v’amarta’ (and thou shalt say) unto them [is like ‘dabeir’ (speak unto the priests) ‘v’amarta’ (and thou shalt say), as will be explained further on]. Similarly, Thus saith the Eternal, the G-d of Israel: Go ‘v’amarta’ (and say) to Zedekiah king of Judah ‘v’amarta’ (and say) unto him: Thus saith the Eternal etc.¹⁰Jeremiah 34:2. means “Go dabeir (speak) to Zedekiah.” Similarly, ‘Vatomer ha’ishah ha’t'ko’ith’ (And when the woman of Tekoa said) to the king, she fell on her face to the ground, and prostrated herself, ‘vatomer’ (and she said): ‘Help, O king’¹¹II Samuel 14:4. is like: “vatedabei’r ha’ishah (and the woman spoke) to the king vatomer (and she said), ‘Help, O king.’” The meaning of Say unto the priests … and thou shalt say unto them is thus like “speak to the priests and say to them,” similar to [that which we find elsewhere], ‘Dabeir’ (speak) unto the children of Israel, ‘v’amarta’ (and say) unto them,⁹Numbers 15:38. the meaning thereof being: “speak to the people in My Name, and say thus to them,” like, Go in unto Pharaoh, and say unto him: [‘Thus saith the Eternal: Let My people go’].¹²Exodus 7:26. — In brief, Ramban up to this point has explained that there is no difference between emor and dabeir, and that the double use of each of these verbs or the use of the two together is to indicate the importance of the subject discussed. I have found a similar view in Yonah ibn Ganach’s Sefer Hashorashim, root dabeir. Now many scholars¹³I have not identified these scholars. say that the meaning of ‘dabeir’ unto the children of Israel is like that of the term kriah (calling), thus: “call unto the children of Israel that they assemble themselves before you, and you shall say to them the following,” and similarly ‘emor’ to the priests means [“call them] to assemble themselves and to listen.”
[SAY UNTO] THE PRIESTS. The reason for [His mentioning the term] the priests [in this section is as follows]: In commandments relating to matters of the offerings He says, Command Aaron and his sons¹⁴Above, 6:2. Or: Speak unto Aaron and his sons (ibid., Verse 18). and does not refer to them by the name “the priests,”¹⁵“The priests.” In the Tur quoting Ramban: “and He does not refer to them by the term of priesthood.” because those subjects concern the offerings or the various degrees of holiness of the Sanctuary. But here He warns the priests that they should never defile themselves for the dead, even at a time when they do not come into the Sanctuary, this being a mark of distinction to them personally; therefore Scripture mentioned here the priests, meaning to say that it is because they are the priests of the Eternal and the ministers of our G-d that He told them to conduct themselves in a manner reflecting honor and greatness, and that they should never become defiled. Thus the priests who are unfit for the priesthood [i.e., those who are born from a marriage forbidden to their father], are excluded from this principle [i.e., they are permitted to defile themselves for the dead].
The explanation of ‘lo yitama’ (he shall not defile himself — in the singular) is that you [i.e., Moses] are to tell the priests that none of them is to defile himself for the dead among his people. Or it may be that [the use of the singular in lo yitama] is connected with the expression of ‘ba’al b’amav’ (a chief man among his people) mentioned below in Scripture,¹⁶Verse 4. and the meaning thereof [here] is: “the chief man among his people is not to defile himself [for the dead].” And the meaning of ba’al b’amav¹⁶Verse 4. is like the expressions: ‘miba’alei Yehudah;’¹⁷II Samuel 6:2. ‘ba’aleigoyim,’¹⁸Isaiah 16:8. namely “the dignitaries” or “the lords” among them [i.e., Judah¹⁷II Samuel 6:2. and the nations¹⁸Isaiah 16:8.], similar to the phrase: ‘ba’alav ein imo’¹⁹Exodus 22:13. — “the master is not with it; “‘ba’al habayith’ — “the master of the house;” as honored people are called “lords.” The verse here is thus stating: “the honored one among his people [i.e., the priest] is not to defile himself for the dead, [in which case] he would be treating his honor with irreverence.” Scripture is thus explaining that it is because of the distinction of the priest, seeing that he is fit to become the highest and most honored one among his people [i.e., the High Priest] that it warns him not to profane his distinction with the impurity of the dead. By means of this statement, Scripture intends to teach us that it should not occur to us to say that the warning [against the priests defiling themselves for the dead] is only when they come into the Tent of Meeting to perform the holy Service. Similarly in this whole section He states that all restrictions [on the priests mentioned here] are due to their distinction. Thus: she profaneth her father;²⁰Verse 9. and he shall not profane his seed.²¹Verse 15. Onkelos likewise translated [Verse 4]: “The chief among his people shall not defile himself, to be profaned thereby.” But in the Torath Kohanim²²Torath Kohanim, Emor 1:15. [ba’al b’amav]¹⁶Verse 4. is interpreted [literally] to refer to “a husband” with reference to his wife, as Rashi has written.²³Thus: “A husband [a priest] shall not defile himself for his wife’s corpse while it is among his people, meaning where there are other persons who can attend to her burial, this applying only to a wife who disqualified him from serving as a priest, because she was forbidden to him in marriage.” But otherwise the priest is to defile himself for his wife, even if there are other people to attend to her burial.