Komentarz do Wyjścia 24:1

ואל משה אמר AND UNTO MOSES HE SAID — This section was spoken before the Ten Commandments were given (i. e. אמר is the pluperfect); it was the fourth of Sivan when “Come up” was said to him (Shabbat 88a).

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.”].

ואל משה אמר עלה!, after He had finished telling him כה תאמר אל בני ישראל אתם ראיתם in 20,18. At that time He had explained to the people that they must not try and “reach” Him through intermediaries, but that all that was required was an altar made of earth, coupled with the meticulous observance of His commandments as spelled out in the Ten Commandments. The verse tells us that all of these things were explained to the whole nation. However, ואל משה אמר, to Moses himself G’d had said that he should come up to the mountain just as he had been commanded to do already before the revelation, when G’d had said to him in 19,14 לך רד ועלית אתה ואהרן עמך.