Мидраш к Дварим 4:14

(Deut. 26:16:) “This day the Lord your God is commanding you to perform.” This text is related (to Ps. 95:6), “Come, let us bow down and bend, let us kneel before the Lord our Maker!” But is not bending included in bowing down; and bowing down in bowing? So what does the instruction mean by “let us bow down and bend and kneel down?” Moses simply foresaw that the Temple was going to be destroyed and that the firstfruits were going to cease. He arose and arranged for Israel to pray three times on every day, because prayer is more pleasing to the Holy One, blessed be He, than all of the good works and all of the sacrifices. It is so written (Ps. 141:2), “Take my prayer as an offering of incense, my upraised hands as an evening sacrifice.” And when it was decreed for Moses not to enter the land in spite of all of his good works, he began to pray, and he said (in Deut. 3:25), “Please let me cross over and see [the good land].” The Holy One, blessed be He, said to him (in vss. 26-27), “Enough from you; do not ever speak unto Me on this matter again. Go up to the top of Pisgah.” It is therefore stated (in 26:16), “[This day] the Lord your God is commanding you to perform….”¹I.e., to obey the command to go up to the top of Pisgah. Although the midrash understands the performance in reference to this one command, the simple understanding of the biblical text is that it is speaking about performing statutes and ordinances. What is written above the matter (in vs. 15)? “Look down from Your holy dwelling, [from the heavens and bless Your people].” R. Abbahu said in the name of R. Jose bar Hanina, “How spoiled and how great a pretext are given to those who perform the commandments [for doing so]: If someone has business with the empire, there are times when he gives some money, until they have him reach the king. When he does reach the king, he has doubts whether he will fulfill his request or not. The Holy One, blessed be He, however, is not like that. Rather when one goes down into his field [and] sees a [grape] cluster that has ripened early, a fig that has ripened early, a pomegranate that has ripened early, he puts it in a basket, goes to Jerusalem and enters and stands in the [Temple] courtyard; he [then] asks mercy for himself, for Israel, and for the land of Israel. Thus it is stated (in Deut. 26:15), ‘Look down from your holy dwelling, [from the heavens and bless your people].’ And not only that, but he would say, “I am not moving from here until You perform my requirements this day,’ as it is written next to it (in vs. 16), ‘This day the Lord your God is commanding you to perform.’” Resh Laqish said, “A heavenly voice (bat qol) comes forth and says, ‘You shall do it again on this day in the coming year.’ [He is] like one who gives fresh fruit to his friend, and [the friend] says to him, ‘Would that you would do this again, and give me some next year.’” R. Hiya bar Abba said, “How spoiled are those who perform the commandments in front of the Holy One, blessed be He. As the Holy One blessed be He, enacts a decree and the righteous ones annul it. As it is stated (Eccl. 8:4), ‘Inasmuch as a king’s command is authoritative, and who can say to him, “What are you doing.”’ Who is it [that can say it]? (Eccl. 8:5:) ‘One who obeys commandments will not know a bad thing,’ he can object to the Holy One, blessed be He.” And so with David, he said (II Sam. 23:3), “The God of Israel said, the Rock of Israel spoke about me, ‘He that rules over men must be righteous, ruling in the fear of God.”¹See Moed Katan 16b, where this verse is explained as saying that the righteous one rules over God. [(Deut. 26:16:) “This day the Lord your God is commanding you to perform…].” What is the meaning of this day? Had the Holy One, blessed be He, not given a command to Israel until now? And was not this the fortieth year (since they left Egypt), as stated (in Deut. 1:3), “And it came to pass in the fortieth year….” Then what is the meaning of the words, “this day?” Simply that Moses spoke to Israel as follows, “On each and every day, let the Torah be dear to you, as if you had received it this day from Mount Sinai.” Moreover, it is written in another place (i.e., in Deut. 4:9), “make them known to your children….” Then it is written (in vs. 10), “The day that you stood before the Lord [your God at Horeb].” (Deut. 26:16, cont.:) “These statutes,” these are the midrashic commentaries; “and these ordinances,” these are the court decisions. Another interpretation (of Deut. 26:16), “these statutes and these ordinances: [They are meant] to include light and heavy [commandments], inferences from analogy, and fine points of scribal exegesis. (Deut. 26:16, cont.:) “So you are to be diligent in doing them.” R. Johanan said, “When anyone performs a single commandment truthfully, Scripture ascribes it to him as if it had been given [to him] from Mount Sinai, as stated (Deut. 26:16), ‘So you are to be diligent in doing.’” Then what is the meaning of (in Lev. 25:18), “and you shall do (which can also be read as, make) them?” Rather, anyone that observes the Torah and does it truthfully, it as if he arranged it and gave it from Mount Sinai. And R. Johanan also said, “Anyone who does [what is written in] the Torah truthfully, Scripture ascribes it to him as if he had made himself; as stated (in Deut. 4:14), ‘At that time the Lord commanded me to impart [to you laws and rules to make you do].’ It does not say, ‘to do them,’ but “to make you, do them.’ From here [we learn] that Scripture ascribes it to him as if he made and created himself.” (Deut. 26:16, cont.:) “With all your heart.” Behold Scripture warns Israel and says to them, “When you pray to the Holy One, blessed be He, you shall not have two hearts, one in the presence of the Holy One, blessed be He, and one for something else.”²See Ben Sira 1:28 (25).

Alternatively, "These days were formed, but not one from them" [Psalms 139:16] is refering to Yom Kippur for (the nation of) Israel. {continuing}

“…for your love is better than wine” (Song of Songs 1:2). We learned there (Mishna Avoda Zara 2:5): Rabbi Yishmael asked Rabbi Yehoshua as they were walking on the way: ‘Why did [the Sages] prohibit the cheese of the gentiles?’ [Rabbi Yehoshua] said to him: ‘Because they curdle it with the stomach contents of an animal carcass.’ He said to [Rabbi Yehoshua]: ‘But are the stomach contents of a burnt offering not more stringent than the stomach contents of an animal carcass, yet they said that a priest who is broad minded¹⁰⁹He is not particular about what he eats. swallows it raw.’ What is, swallows it raw? He gulps it down. Rabbi Shimon ben Lakish said: They rendered it like a tainted cup; he may not benefit, but he is not liable for misuse of consecrated items.¹¹⁰Thus, if one eats the stomach contents of a consecrated animal, one is not liable for misuse of a consecrated item. This proves that it is not considered a food item, therefore its consumption is not a normal act of eating. Similarly, the stomach contents of an unslaughtered animal carcass should not be considered a food item, and should not render the cheese non-kosher. [Rabbi Yishmael] said to him:¹¹¹In the mishna, this is stated as a response to a second explanation given by Rabbi Yehoshua for the prohibition of eating the cheese of gentiles: They curdle it in the stomach contents of animals that have been slaughtered as an idolatrous sacrifice. ‘If so, why did they not prohibit benefit from it?’ [Rabbi Yehoshua] diverted his attention to another matter. He said to him: ‘Yishmael, my brother, how do you read it? For Your love [dodekha] is better than wine, or your love [dodayikh] [is better] than wine?’¹¹²Do you think that the term “your love” is stated in the masculine form [dodekha], indicating that it is being stated by the woman, representing Israel, to the man, representing God, or is it stated in the feminine form [dodayikh], indicating that it is stated by the man, representing God, to the woman, representing Israel. Rabbi Yishmael answered that it is vocalized dodayikh, in the feminine. He said to him: ‘The matter is not so, as its counterpart teaches in its regard: “Your oils [shemanekha] have a goodly fragrance”’ (Song of Songs 1:3).¹¹³Just as this verse is in the masculine, so, too, the previous verse, which is the verse under discussion, is also in the masculine.
Why did he not reveal it to him?¹¹⁴Why did he divert his attention rather than answering his question? Rabbi Yonatan said: It is because they had prohibited it only recently,¹¹⁵When the Sages issue a decree, for the first year they do not reveal the reason behind it, so that people will accept the decree without questioning its rationale. and Rabbi Yishmael was young. Rabbi Shimon ben Ḥalafta and Rabbi Ḥagai in the name of Rabbi Shmuel bar Naḥman [said]: It is written: “Lambs [kevasim] will be for your garments” (Proverbs 27:26). Kevashim, concealed items, is written.¹¹⁶The word, as written, can be read either kevasim or kevashim. When your students are young, conceal matters of Torah from them. When they grow and become Torah scholars, reveal the secrets of Torah to them. Rabbi Shimon ben Yoḥai taught: “These are the ordinances that you shall place [tasim] before them” (Exodus 21:1), just as this treasure [sima] is not revealed to every person, the same is true of matters of Torah.
Rav Huna raised a question and Rabbi Ḥama bar Ukva posed a difficulty:¹¹⁷Some suggest that the text should read: Rav Huna, citing Rabbi Hama bar Ukva, posed a difficulty (Etz Yosef). If he sought to divert him, he should have diverted him from the five verses in the Torah that require resolution.¹¹⁸In each of these cases there are two phrases, and it is unclear whether a particular word which appears at the border of the two belongs to the first or second phrase. These are they: “se’et” (Genesis 4:7); “cursed” (Genesis 49:7);¹¹⁹Does “cursed” belong to the previous verse: “And with their will they hamstrung an ox that is cursed” or does it belong to the beginning of this verse: “Cursed is their wrath, as it is fierce”? “tomorrow” (Exodus 17:9);¹²⁰Is it “Go out and battle Amalek tomorrow” or is it “Tomorrow I will stand at the top of the hill”? “crafted like almonds” (Exodus 25:34);¹²¹Is it “four cups crafted like almonds,” or is it “like almonds are its knobs and flowers”? “arise” (Deuteronomy 31:16).¹²²Is it “you will lie with your ancestors and arise,” or is it “this people will arise and it will stray”? Is it, “if you do well you will receive forgiveness [se’et],” or is it “you will bear your sin [se’et] if you do not do well”? Rabbi Tanḥuma said: I have another: “The sons of Jacob came from the field when they heard” or “when they heard [the men were saddened] and they came from the field” (Genesis 34:7). Rabbi Yitzḥak said: It is written: “And the Lord commanded me” (Deuteronomy 4:14); there are matters that He said to me myself, and there are matters that He told me to say to my children.¹²³Some matters of Torah are meant to publicized to all, and others are meant to be communicated only to those who are worthy. Rabbi Eila said: There are matters that one seals [meshikin]¹²⁴This is derived from yishakeni. Rabbi Yehoshua raised this verse to Rabbi Yishmael in order to allude to the fact that not everything is meant to be publicized (Matnot Kehuna). in one’s mouth.
How so? One verse says: “I store Your saying in my heart, so as not to sin against You” (Psalms 119:11), and one verse says: “With My lips I have recounted all the ordinances of Your mouth” (Psalms 119:13). In what sense can both these verses coexist? Rather, as long as Ira HaYa’iri, David’s mentor, was alive, “I store Your saying in my heart”; when he departed, “with my lips I have recounted.”¹²⁵David did not publicize halakhic matters during the lifetime of his teacher because a disciple is prohibited from issuing halakhic rulings in the presence of his teacher (Eruvin 63a).

Mar Zutra (according to others Mar Ukba), said: "Originally the Torah was given to Israel in Hebrew characters and in the Hebrew language; then it was given again to Israel, in Ezra's time, in Assyrian characters and in the Aramaic language; finally the Assyrian characters and the Hebrew language were selected for Israel, and the Hebrew characters and the Aramaic language were left to the Hedyotim (ordinary class)." Who are meant by Hedyotim? R. Chisda said: "The Samaritans." What is meant by Hebrew characters? R. Chisda said: "The Libunah characters." We are taught in a Baraitha: R. Jose says: "Ezra was worthy that the Torah should be given through him, had not Moses preceded him." Concerning Moses it says (Ex. 19, 3) And Moses went up unto God. And concerning Ezra it says (Ezra 7, 6) This Ezra went up. Just as the term Aliya (went up) used here [concerning Moses] refers to receiving the Torah, so also does the term Aliya, used there [in connection with Ezra] refer to the Torah. Concerning Moses it is said — (Deut. 4, 14) And me the Lord commanded at that time to teach you statutes and ordinances. And concerning Ezra it says (Ezra 7, 10) For Ezra had directed his heart to inquire unto the law of the Lord and to do it, and to teach in Israel statutes and ordinances. Although the Torah was not given through him, its characters were nevertheless changed through him, as it is said (Fol. 22) (Ib. 4, 7) And the writing of the letter was written in Aramaic, and interpreted in Aramaic. And it is also written (Dan. 5, 8) They were not able to read the writing, nor to make its interpretation. Hence it was a new character that the Aramaic people could not read. (Deut. 17, 18) He shall write for himself (Mishnah) a copy of this Law. This signifies a change in the character of the writing in the future. And why are they called Assyrian? We are taught in another Baraitha: Rabbi says: "In the Asshurith character the Torah was given to Israel in the very beginning, but after they had sinned it was forgotten by them; and after they had repented, it was returned to them, as it is said (Zech. 9, 12) Return to the stronghold, ye prisoners of hope; even to-day do I declare that I will render double unto thee. And why is it named Asshurith? Because it is praiseworthy in character." R. Simon b. Elazar, however, said in the name of R. Eliezer b. Prata, quoting R. Elazar the Modai, that the characters were not changed at all, as it is said (Esther 8, 9) And to the Jews according to their writing, and according to their language, i.e. Just as their language was not changed, so also was their character not changed. But if so, then what is the meaning of "He shall write (Mishnah) a copy of this Law, [which signifies a change in the future]? This refers to the two copies of the Holy Scrolls which a king has to write; one of which is kept in his treasury and another with which he goes out and comes in. The one with which he goes out and comes in should be in a miniature form attached to his arm, as it is said (Ps. 16, 8) I have always set the Lord before me. But he who maintains that the character of the writing was not changed at all, what does he infer from the passage just cited? He uses it for that which was said by R. Chana b. Bizna in the name of R. Simon the pious: "He who prays should always imagine that the Shechinah is opposite him, for it is said, I have always set the Lord before me.

(Deut. 26:16, cont.:) SO YOU ARE TO BE DILIGENT IN PERFORMING THEM. R. Johanan said: When anyone performs Torah for its own sake, they ascribe it to him as if he had performed it himself <at Sinai>.⁵Cf. the parallel in Tanh., Deut. 7:1: “Scripture ascribes it to him as if it had been given to him from Mount Sinai.” Thus it is stated (in Deut. 4:14): AND THE LORD COMMANDED ME AT THAT TIME (i.e., not in the future) TO TEACH YOU [THE STATUTES AND THE ORDINANCES FOR YOU TO PERFORM THEM.] "To perform" is not stated, but: FOR YOU TO PERFORM THEM. Hence they ascribe it to him as if he had performed it himself <at Sinai>.

(Fol. 38.) R. Chama b. Chanina said: "Moses became rich of nothing else than from the chips of the tablets, as it is said (Ex. 34, 1) Hew thee out; i.e., their chips be thine." R. Josa b. Chanina said: "In the very beginning the Torah was given to no one except to Moses and his children, as it is said (Ib. 27) Write thee down and hew thee down; i.e., just us the chips be thine so also shall the writing (the Torah) be yours. Moses, however, was liberal with the Law and gave it to Israel. Concerning him the passage reads (Pr. 22, 9) A man of a benevolent eye will indeed be blessed, for he giveth of his bread to the poor." Raba raised the following objection (Deut. 4, 14) And me did the Lord command at that time to teach you, statutes and ordinances. Hence it shows that the Torah was given unto Israel. This means, He commanded me, and I gave it to you. But again it is written (Ib. 5) See I have taught you statutes and ordinances, just as the Lord my God commanded me. This also means as the Lord commanded me and I taught to you. But again it is written (Ib. 31, 19) Now therefore write ye for yourselves this song, (hence it was given unto Israel). This refers merely to the song he gave. But again it is written in the same passage. In order that the song may become a witness against Me for the children of Israel, hence it was given to the children of Israel? We must therefore say R. Chisda's tradition refers merely to the argumentive deductions.

(Numb. 14:27:) HOW LONG SHALL THIS EVIL CONGREGATION BE MURMURING AGAINST ME? <I HAVE HEARD THE MURMURINGS OF THE CHILDREN OF ISRAEL>….. Let our master instruct us: When a baby has a stone in his hand on the Sabbath, is it permissible to pick him up on the Sabbath?¹⁹Numb. R. 16:26. Thus have our masters taught (in Shab. 21:1): A PERSON MAY PICK UP ONE'S CHILD, EVEN WITH A STONE IN HIS HAND, OR A BASKET (of fruit), EVEN WITH A STONE INSIDE IT. You have learned from the generation of the wilderness that the Holy One, as it were, carried them up in the wilderness. (Deut. 1:31:) AND IN THE WILDERNESS, WHERE YOU SAW HOW THE LORD YOUR GOD CARRIED YOU AS {THE PERSON} [ONE] CARRIES HIS CHILD. Yet there was an object of idolatry in their hand.²⁰Corresponding to the stone in the hand of the child. Thus it is stated (in Neh. 9:18): EVEN THOUGH THEY HAD MADE THEMSELVES A MOLTEN CALF…. And so you find that, when they crossed in the sea, Micah's image (of Jud. 17:3–4) crossed with them, as stated (in Zech. 10:11): AND A RIVAL WIFE²¹Tsarah. The Midrash understands the word in this sense, although most translations follow the other meaning of tsarah, i.e., “affliction,” “distress,” or the like. So also below, Deut. 4:14. SHALL CROSS IN THE SEA.²²Mekhilta deRabbi Ishmael, Pisha 14 on Exod. 12:41; Sanh. 103b; M. Pss. 101:2; Exod. R. 41:1; also Mekhilta deRabbi Ishmael, Wayassa‘ 1 on Exod. 15:22; ySuk. 4:3 (54c); see ARN, A, 34. Still with all this, the Holy One did not forsake them. He said to Moses: I have done a lot of good things with them; yet they are provoking me a lot. I parted the sea for them; they provoked me, as stated (in Pss. 106:7): THEY REBELLED AT THE SEA, [AT THE] REED [SEA]. I led them in the desert, but they provoked me there. And so it says (in Numb. 14:22): THEY HAVE TRIED ME THESE TEN TIMES AND NOT HEARKENED TO MY VOICE. Here also I told you to send them to explore the land, but they provoked me and brought a bad name upon it (i.e., upon the land). I am not able to endure. How long shall I endure them? Where is it shown? From what they read on the matter (in Numb. 14:27): HOW LONG SHALL THIS EVIL CONGREGATION <BE MURMURING AGAINST ME>?

(Is. 24:5:) AND THE EARTH WAS DEFILED UNDER ITS INHABITANTS, <BECAUSE THEY TRANSGRESSED TORAHS;²⁷Torot. Such a literal translation is required by the midrash. In the biblical context the word denotes something more general, such as teachings. THEY VIOLATED A STATUTE; THEY BROKE AN ETERNAL COVENANT>. It may show you standing grain, but it does not show you a shock of sheaves.²⁸Tanh., Deut. 4:14; PRK 10:5; see PR 25:3. It may show you a shock of sheaves, but it does not show you a threshing floor. It may show you a threshing floor, but it does not show winnowed heap. Why <not>? (Ibid.:) BECAUSE THEY TRANSGRESSED TORAHS; THEY VIOLATED STATUTES, in that they did transgress two Torahs, Written Torah and Oral Torah. (Ibid.:) THEY VIOLATED A STATUTE, the statute of tithes. (Ibid.:) THEY BROKE AN ETERNAL COVENANT, an ancestral covenant. For that reason Moses warned Israel (in Deut. 14:22): YOU SHALL SURELY TITHE.

(Prov. 6:20:) MY CHILD, KEEP YOUR FATHER's {TORAH} [COMMANDMENTS], <AND DO NOT FORSAKE THE TORAH OF YOUR MOTHER>. Our earliest ancestors separated out terumot²⁹I.e., the priestly tithes on produce, sometimes called “heave offerings.” and tithes.³⁰Tanh., Deut. 4:14, cont.; PRK 10:6; see PR 25:3, cont. Abraham separated out a great terumah, as stated (in Gen. 14:22): <THEN ABRAM SAID UNTO THE KING OF SODOM:> I HAVE LIFTED UP MY HAND UNTO THE LORD, GOD MOST HIGH. A lifting up is nothing but a terumah (rt.: RWM), since it is stated (in Numb. 18:26): <NOW YOU SHALL SPEAK UNTO THE LEVITES AND SAY UNTO THEM: WHEN YOU RECEIVE TITHES FROM THE CHILDREN OF ISRAEL, THE TITHE THAT I HAVE GIVEN YOU AS YOUR PORTION,> YOU SHALL LIFT (rt.: RWM) OUT OF IT A TERUMAH OF THE LORD, <A TITHE FROM THE TITHE>. Isaac separated out a second tithe, as stated (in Gen. 26:12): SO ISAAC SOWED ON THAT LAND AND REAPED IN THAT YEAR A HUNDREDFOLD, <FOR THE LORD HAD BLESSED HIM>. R. Abba bar Kahana said: Is it not true that a blessing does not rest on what is measured, on what is weighed, or on what is counted? So why did he measure them? In order to tithe them. This is what is written (ibid.): FOR THE LORD HAD BLESSED HIM.³¹See Deut. 14:24, which mentions a blessing in the context of the second tithe; therefore, the blessing of Gen. 26:12 must have been the result of Isaac’s second tithe. Jacob separated out a first tithe, as stated (in Gen. 28:22): AND OF ALL THAT YOU GIVE ME, I WILL SURELY SET ASIDE A TITHE FOR YOU.

26 (Numb. 14:27) “How long […]”: A legal teaching: When a baby has a stone in his hand on the Sabbath, is it permissible to pick him up [on the Sabbath]? Thus have our masters taught (in Shab. 21:1): A person may pick up one's child, even with a stone in his hand, or a basket (of fruit) with a stone inside it. You have learned from the generation of the wilderness that the Holy One, as it were, carried them up in the wilderness, (as in Deut. 1:31) “as one carries his child,” yet there was an object of idolatry in their hand.⁵⁰Corresponding to the stone in the hand of the child. Thus it is stated (in Neh. 9:18), “as they had made themselves a molten calf.” And so you find that, when they crossed in the sea, Micah's image (of Jud. 17:3–4) crossed with them, as stated (in Zech. 10:11), “And a rival wife⁵¹Tsarah. The Midrash understands the word in this sense, although most translations follow the other meaning of tsarah, i.e., “affliction,” “distress,” or the like. So also below, Deut. 4:14. shall cross in the sea.”⁵²Mekhilta deRabbi Ishmael, Pisha 14 on Exod. 12:41; Sanh. 103b; M. Pss. 101:2; Exod. R. 41:1; also Mekhilta deRabbi Ishmael, Wayassa‘ 1 on Exod. 15:22; ySuk. 4:3 (54c); see ARN, A, 34. Still with all this, the Holy One did not forsake them. He said to Moses, “I have done a lot of good things with them; yet they are provoking Me a lot. I parted the sea for them; they provoked Me,” as stated (in Pss. 78:40), “How often did they defy Him.” Here also they brought a bad name upon the land. I am not able to endure. How long shall I endure them? [Ergo] (in Numb. 14:27), “How long shall this evil congregation?”

Variantly: "You 'hachilotha'": You provided an opening for me to stand and pray before You for your children when they besmirched themselves with the golden calf, as it is written (Devarim 4:14) "Quit Me, and I shall destroy them." Now was Moses holding on to the Holy One Blessed be He (that He said "Quit Me")? This is what he said before Him (in "hachilotha"): L-rd of the universe, You provided an "opening" (thus, "hachilotha") to stand and pray for Your children (i.e., "Quit Me" implies that if you do not quit Me, but beseech Me), I will not destroy them) — whereupon I stood and prayed for them, and You heard my prayer and forgave their transgression. I thought (now, in saying "hachilotha"): If I stood up for them in prayer, would they not pray for me (that I enter Eretz Yisrael)? And does this not follow a fortiori, viz.: If the prayer of the one (Moses) for the many is thus heeded, how much more so the prayer of the many for the one!

R. Shimon b. Yochai says: Twelve lands were given (to Israel) corresponding to the twelve tribes of Israel, and the flavor of the fruits of one land were not similar to that of each of the others. And these are the (twelve) lands: (Devarim 8:8) "a land of olive-oil and honey," (Bamidbar 14:24) "I shall bring him (Calev) to the land whence he came," (Devarim 4:14) "the land whither you are crossing to inherit it," (Ibid. 11:11) "a land of mountains and plains … (Ibid. 12) a land which the L-rd your G-d inquires after," (Ibid. 8:7) "For the L-rd your G-d is bringing you to a good land, a land of streams of water … (Ibid. 8) a land of wheat and barley … a land of olive-oil and honey (Ibid. 9) a land where not in constraint shall you eat bread … a land whose stones are iron … (Ibid. 10) for the good land" — twelve lands corresponding to twelve tribes.