Comentário sobre Deuteronômio 4:41

אז יבדיל — The imperfect form יבדיל instead of הבדיל is to be thus explained (cf. Rashi on Exodus 15:1): He set his attention to be zealous for the matter, — to set them apart. And although they were not to serve as cities of refuge until those of Canaan proper (the western side of the Jordan) were set apart for that purpose, Moses said, Any duty that it is possible for me to perform I will perform (Makkot 10a).

THEN MOSES SEPARATED THREE CITIES. Rabbi Abraham ibn Ezra explained it to mean: “on the day that Moses separated three cities [to function as cities of refuge], he then said the words of the covenant [as stated in the following section].” But it is not correct. Rather, it is to be understood in its simple sense. Moses had gathered all Israel to explain to them the Torah and he began with words of reproof; after he uttered in their presence his words of reproof concerning what they had done, the admonishments about idolatry and the Unity of G-d, and completed [his statement] to them with the charge that they observe His statutes and His commandments so that it may be well with them — then he said in their presence before them: “Now we shall fulfill the commandment that G-d has commanded us, and Bezer in the wilderness, Ramoth in Gilead, and Golan in Bashan will be cities of refuge that every manslayer that kills any person through error may flee thither.”¹¹⁷See Verses 42-43. And although they would not legally provide refuge until [the cities of refuge] in the land of Canaan [on the western side of the Jordan] were set apart, Moses said, “‘If a commandment has come to our hands we shall fulfill it,’¹¹⁸Makkoth 10 a. so that it may be well with us.” Afterwards he called with a great voice to all Israel that were there and said to them, Hear, O Israel, the statutes and the ordinances etc.,¹¹⁹Further, 5:1. for now he commenced to speak of the commandments and the explanation of the Torah, as I have explained at the beginning of the section These are the words.¹²⁰Above, 1:1.

אז יבדיל משה שלש ערים, after he had concluded with his introduction to the detailed discourse on the Torah. The reason why he set aside these cities at that time was to show the Israelites how the observance and carrying out of G’d’s commandments is of such supreme importance, and that he, though about to depart the earth, wanted to perform at least this commandment, the observance of which is linked to the land of Israel.

אז יבדיל משה, Why did the Torah interrupt Moses’ speech which were coherent, sequential and continuous, and it now introduced another subject in the form of a narrative? Actually, Moses had dwelled at length on the past and the time had come to do what the Torah had said at the outset, i.e. to elaborate on aspects of the Torah on which Moses had either not elaborated previously, or had not presented to the people at all, or felt that it was essential to repeat the legislation in question to prevent problems after he was no longer on the scene to deal with them.
The subject of the cities of refuge is of concern to the judges and the whole system of the judiciary introduced by Moses as the first subject of legislation which he reviews. Already in chapter one, Moses addressed primarily the judges on whom rests the responsibility of ensuring a functioning government. In chapter 19,2 the Torah commands the setting aside of 3 such cities of refuge each on the west bank and on the east bank of Jordan (verse 9). Since it did not mention the three cities Moses had already established on the east bank of the Jordan this had to be added here, to show that the numbers given in the Torah are flexible, i.e. that as the territory of the Jewish people expands the need to add more such cities may arise. The command issued in Numbers 35,14 was not to be effective immediately as the Israelites had not yet crossed the Jordan. Moses had nonetheless set aside such cities although they did not yet function as such.

אז יבדיל משה שלש ערים, “Then Moses set aside three cities, etc.” According to Ibn Ezra the Torah means that on the day that Moses set side these three cities he addressed the words of the covenant to the people. Nachmanides writes that this is not correct, but that Moses assembled the whole nation (at the beginning of what is related in this Book) in order to explain the Torah to them, doing so in a spirit of admonition. When he concluded with his general admonitions, he warned them about specific sins, such as idolatry, the importance of remaining aware at all times of the uniqueness of the Creator. He concluded by exhorting them to observe the various statutes and general commandments of G’d in order to ensure their continuous well being, to ensure that Hashem would continue to shower His goodness upon them. Having done so, he invited the people to assist him in keeping the commandment of setting up cities of refuge. After that he proclaimed in a loud voice: שמע ישראל וגו', as we read at the beginning of chapter 5. He had commenced with explanatory comments of the Torah, and had similarly concluded with that theme [during the assembly reported in these 4 chapters. Ed.]

אז יבדיל משה שלש ערים בעבר הירדן, “at that time Moses set aside three cities on the east bank of the Jordan.” This introduction is to inform us that when Moses set aside these three cities on the east bank of the Jordan he immediately proceeded to renew the covenant G’d had concluded with the previous generation at Mount Sinai (chapter 5 which follows). Even though Moses was well aware that these three cities would not become operational as cities of refuge until the other three cities of refuge on the west bank of the Jordan had been set aside, he wanted to fulfill at least half the commandment while he was still alive. This should serve as an important lesson to us how to relate to the commandments in general. There certainly could hardly have been anyone who had performed more commandments during the previous 40 years since the Torah was given than Moses, who had taught all these commandments to the people. If he was so concerned as not to leave even a half a commandment unfulfilled this should be our inspiration to emulate him.
Perhaps this gives us a better insight into the true meaning of a comment by our sages according to which Moses became personally wealthy from the chips of the second set of Tablets which he had been told to fashion himself before coming up the mountain. The sages use the wordsפסל לך , “carve out for yourself” as meaning that the left-overs of this raw material became Moses’ personal property and that we are speaking about a very precious kind of stone (compare Exodus 34,1 and the comment in Nedarim 38). A more ethically inspiring approach would be that G’d chose the word פסל, an allusion to פסולת, rejects, left-overs, to teach that even seemingly inconsequential commandments are to be rated highly. The true measure of Torah and mitzvah performance is not the attention we give the impressive commandments, the ones which command a high degree of visibility but the loving attention which we lavish on the apparently minor commandments, the ones frequently neglected as the person who performs them does not reap any recognition for them from his peers.

He gave thought in his heart to be concerned about the matter, etc. Rashi is answering the question: The word אז (then) means immediately. Yet the word יבדיל (set aside) is in the future tense. Therefore, Rashi explains that it refers to his intentions [I.e., Moshe intended then to set the cities aside in the future]. But Re”m explains: Setting aside these cities is not an ongoing action, thus the present tense does not apply to it. Therefore Rashi explains that it refers to his intentions. In other words, Moshe constantly had in mind to set aside these cities until they were actually set aside.

V. 41. אז יבדיל. Mosche berichtet, dass, nachdem er durch alles Bisherige dem Volke seine Beziehung zu Gott und seinem Gesetze und die Abhängigkeit des Landesbesitzes von Erfüllung dieses Gesetzes zum Bewusstsein gebracht hatte, er auch sofort hinsichtlich des Gesetzes, das ihnen sogleich bei der Verteilung des Landes zur Verwirklichung obliegen wird (Bamidbar 35, 10), so weit es bereits in dem transjordanischen Lande zur teilweisen Ausführung kommen konnte, die entsprechenden Bestimmungen getroffen hat, obgleich, wie daselbst V. 13 bemerkt, die Wirkung des Gesetzes erst nach dessen voller Erledigung im cisjordanischen Landesgebiete in Kraft treten sollte. Die hohe fundamentale Bedeutsamkeit dieses Gesetzes der Aufnahmestädte haben wir daselbst zu entwickeln versucht, und unter Vergegenwärtigung des dort Bemerkten tritt die hier berichtete Anordnung im Zusammenhange mit der vorangehenden Ermahnung zur treuen Erfüllung des ganzen Gesetzes in ein noch helleres Licht. Ist doch der durch die Einordnung der ערי מקלט in die Landesverteilung gleichsam zum topographisch offenkundigsten Ausdruck gelangende Fundamentalgrundsatz von der gottebenbildlichen Menschendignität eben der Fundamentalsatz, der nächst dem im Vorgehenden entwickelten Grundsatze von der Einheit und Einzigkeit und außersinnlichen Persönlichkeit Gottes und mit ihm zusammen die Granitgrundlage des ganzen Judentums bildet.

אז יבדיל משה שלש ערים, “then Moses set aside three cities, etc;” the expression אז is usually reserved as introduction to a poem, a song; compare Exodus 15,1, so that its appearance here is somewhat puzzling. When the people had heard the legislation about the cities of refuge in Numbers 35,33, where the Torah decreed that blood spilled of a person who was innocent could never be atoned for by a payment of ransom, they were afraid that even if someone were to commit a killing unintentionally he would be subject to the death penalty; Moses reassured them that there was another method by which such a person could atone for his negligence in having caused the death of an innocent person, i.e. his being forced to reside in a city of refuge until the death of the High Priest at that time. When they heard this they broke out in a song of relief. This was remindful of the proverb that (only) if someone has tasted a dish does he really know what it tastes like. Moses, who had had cursed an Egyptian who had slain a Jew by using the holy name of the Lord, had been forced to flee and reside outside his homeland for close to 60 years. He therefore understood that this was a very harsh penalty. [Our author clearly belongs to the school of thought that does not consider Moses as a hero for taking the law into his own hands. Ed.]

אז יבדיל משה, “then Moses separated;” after having defeated Sichon and Og; the commandment to establish cities of refuge had been given already in Numbers 35,14. Here the Torah only mentions that it now had been carried out as the requisite land had been conquered. Moses mentions it only as one of many positive measures he had undertaken on the people’s behalf. Although he could have described this in the first person, i.e. “I set apart these cities,” it was not in his nature to do so, just as he did not do so in Leviticus 1,2, when he described “if anyone of you is willing to offer an offering to the Lord,” he actually had himself in mind. The same is true of Exodus 16,32, and numerous other occasions in the Torah.

בעבר הירדן מזרחה שמש ON THE SIDE OF THE JORDAN TOWARDS THE SUN-RISING — i.e. on that side which is on the east of Jordan (not the side of the Jordan that is east of Canaan proper).

מזרחה שמש, “toward the rising sun.” Our sages have said that anyone who kills a person has to flee eastward in the direction of the rising sun. Mortality was decreed upon man who was placed by G’d in Gan Eden which the Torah had described as east, i.e. מקדם. Exile is a reminder of this tragic first (disobedience) error committed by man. We also know that Kayin, who had slain his brother Hevel, was exiled in an easterly direction as he is reported subsequently to have settled in the land of Nod, east of Eden (Genesis 4,16).

On that side which is, etc. Rashi is explaining: “Across the Yardein” may refer to the eastern side [of the Yardein] or to [the western side of the Yardein, ie.,] the side of the Land of Israel. Therefore the verse says, “where the sun rises,” to let us know which side of the Yardein it refers to, and that it is not the [western] side of the Land of Israel where the sun sets.

אז יבדיל (siehe Schmot 15, 1).

מזרחה שמש, “on the east side facing the sun” All the murderers listed in the Bible fled eastward. Adam, whose penalty for eating from the tree of knowledge was supposed to be death, fled in that direction, seeing that he had caused the mortality of every human being. (Compare Genesis 3,24, “he took up residence east of gan eden). Kayin who had murdered his brother) settled also in the east as we know from Genesis 4,16.

מזרחה שמש — Because it (the word מזרחה) is in the construct state the ר is vowelled with Chataph (vocal Sheva), the meaning being, “the rising of the sun", i.e., the place of the sun's rising.

The letter reish is vocalized with a chataf. I.e., it is vocalized with a sheva, which is called a chataf.