וַיִּקְרָ֥א מֹשֶׁ֛ה אֶל־כָּל־יִשְׂרָאֵ֖ל וַיֹּ֣אמֶר אֲלֵהֶ֑ם אַתֶּ֣ם רְאִיתֶ֗ם אֵ֣ת כָּל־אֲשֶׁר֩ עָשָׂ֨ה יְהוָ֤ה לְעֵֽינֵיכֶם֙ בְּאֶ֣רֶץ מִצְרַ֔יִם לְפַרְעֹ֥ה וּלְכָל־עֲבָדָ֖יו וּלְכָל־אַרְצֽוֹ׃
I zawołał Mojżesz do całego Israela, i rzekł do nich: "Wyście widzieli wszystko, co uczynił Wiekuisty w oczach waszych, w ziemi Micraim, Faraonowi, i wszystkim sługom jego, i całej ziemi jego;
Da'at Zekenim
ואלה המשפטים, “and these are the ordinances, etc.;” Rashi has pointed out that whenever a paragraph in the Torah commences with the word אלה, this signifies that it is not a continuation of something that had been written previously. However, when the paragraph begins with the word: ואלה, “and these, etc., it signals some kind of continuation. From Rashi’s words it would appear that the laws promulgated from here on in did not originate at Sinai as when the Torah wrote in Exodus 19,20 that Hashem descended to Mount Sinai, the whole point was that He did so in order to give the people the whole Torah.In order to solve this apparent contradiction, we need to view the word: פסל used by Rashi to signify a break with what preceded it, is to be understood as in Exodus 34,1 where G–d told Moses to hew himself two Tablets to replace the ones he had shattered after coming down from the Mountain for the first time. The act of “hewing” means to separate what you carve out from a greater quantity of the same base material, i.e. rock. In other words, what we are going to read from here on in are laws that, though of the same origin as the Ten Commandments, had been separated somewhat in time from when and how they were presented to the people. What Rashi meant to tell us was that if this paragraph had commenced with the word אלה, I would have thought that what followed was not of Sinaitic origin at all. In order not to mislead the reader, the Torah added the prefix ו to make clear that what follows was also of Sinaitic origin, i.e. G–d taught Moses all the Torah while he was on the mountain for forty days and forty nights. The letter ו here has the same meaning as the word את in Exodus 9,29, where Moses said: כצאתי את העיר, “when I go out from the city.” We find a similar construction in Deuteronomy 28,69: אלה דברי הברית, “these are the words of the covenant, ”where the admonitions have been separated from the blessings. The blessings in that paragraph had been preceded by curses. We find something similar in Deuteronomy 1,1: אלה הדברים אשר דבר משה, “these are the words which Moses had spoken, etc.” where we cannot understand this as something unconnected to what preceded it, but the letter ו is omitted as we are dealing with a different Book of the Torah, one that had not been dictated to Moses, but which G–d had approved after the event as deserving to be part of the written Torah. In Genesis 2,4 the words אלה תולדות השמים והארץ, “these are the generations of heaven and earth are separated from the prehistoric period when the Torah had described the tohu vavohu which had preceded the creation of light.
Ibn Ezra
The correct interpretation of These are the words is that the commandments written in the upcoming parashiyyot of Re eh , Shofeṭim , Ki Teṣeh , and Ki Tavo had already been given to the Israelites when they were in the wilderness. In other words, the phrase that Moshe spoke is modified by the entire remainder of the verse, as if Scripture had repeated it, saying: “These are the words that Moshe spoke to all Israel, which Moshe had spoken in the wilderness, and in the desert across the Red Sea…” starting from the day that they left Sinai.
Siftei Chakhamim
It disqualifies that which preceded it. If you say: [This rule seems not true because] in Parshas Bechukosai (Vayikra 27:34) it is written, “ אלה (These) are the commandments.” And in Parshas Masei (Bamidbar 36:13) it says, “ אלה (These) are the commandments and the laws.” And in Parshas Matos (ibid 30:17) it says, “ אלה (These) are the statutes.” And in Parshas Ki Savo (Devarim 28:69) it is written, “ אלה (These) are the words of the covenant.” And in all theses cases we do not interpret it as disqualifying that which preceded. The answer is: We only interpret it this way for “ אלה (These) are the histories of the heaven and the earth” (Bereishis 2:4; see Shemos Rabba 30:3), where the histories were already mentioned above, so a difficulty arose: why are they repeated and detailed? Similarly for “ אלה (These) are the descendants of Noach” (Bereishis 6:9), where the descendants were mentioned above in Parshas Bereishis, so a difficulty arose: why were they mentioned again? Thus we say they were mentioned again in order to disqualify the preceding. [The meaning of “disqualify” is discussed in the next entry.] But with “ אלה (These) are the commandments” and all the above verses, nothing was mentioned [preceding them that was similar to them], so אלה cannot mean to disqualify the preceding. Similarly in Parshas Devarim, where it says “ אלה (These) are the words” (Devarim 1:1), we cannot interpret אלה as disqualifying the preceding, since Chumash Devarim is Mishneh Torah [i.e., its primary purpose is a repetition of the Torah].