In exploring this week’s Parsha, Parshat Mishpatim, our focus will be on the pesukim found at the very end of the Parsha, which come after the communication of the mishpatim, and represent the conclusion to the description of Ma’amad Har Sinai that began in last week’s Parsha. The entire chapter (Shemot 24:1-18) can be split into two sections; the first taking place prior to Har Sinai, and the second taking place immediately afterwards.
וְ אֶ ל מֹשׁ ֶה אָמַר עֲלֵה אֶל ה’ אַתָּה וְאַהֲרֹן נָדָב וַאֲבִיהוּא וְשִׁבְעִים מִזִּקְנֵי יִשְׂרָאֵל וְהִשְׁתַּחֲוִיתֶם מֵרָ חֹק׃ וְנִג ָשׁ מֹשׁ ֶה לְבַדּוֹ אֶל ה’ וְהֵם לֹא יִג ַעַל מֹשׁ ֶה וְאַהֲרֹן נָדָב וַאֲבִיהוּא וְשִׁבְעִים מִזִּקְנֵי יִשְׂרָאֵל׃ וַי-לֹהֵי יִשְׂרָאֵל וְתַחַת רַ גְלָיו כְּמַעֲשֵׂה לִבְנַת הַ סַּ פִּ יר וּכְ עֶ צֶם הַ שׁ ּ ָ מַ יִם לָטֹהַ ר׃ וְ אֶ ל־אֲ צִילֵי בְּנֵי יִשְׂרָאֵל לֹא שׁ ָלַח יָדוֹ וַי ָחֲזוּ אֶ ת ה’ וַי ֹאכְלוּ וַי שְׁתוּ׃
Hashem said to Moshe, “Go up to the Presence of Hashem, you, Aharon, Nadav, Avihu, and seventy of the elders of Bnei Yisrael, and prostrate yourselves at a distance. Moshe alone shall approach the Presence of Hashem, but they must not approach, and the people must not go up with him.” ... Moshe and Aharon went up along with Nadav and Avihu, and seventy of the elders of Bnei Yisrael. They saw a vision of the G-d of Yisrael, and under His feet there was something like a brickwork of sapphire, and it was like the essence of heaven in purity. But against the nobility of Bnei Yisrael, Hashem did not send His hand. They envisioned G-d, and they ate and drank.
Rashi
Based on the Midrash (Tanchuma Beha’alotcha 16), says the incident described in the final pasuk pertains to Nadav, Avihu and the seventy elders, who gazed at Hakadosh Baruch Hu בְּלֵב גָס מִתּוֹך אֲכִילָה וּשְׁתִיָה – in an improper manner while eating and drinking. They deserved punishment for their act, but it would be deferred. Nadav and Avihu died on Rosh Chodesh Nisan during the Mishkan’s dedication, and the seventy elders died with the מִתְאֹנְנִים – the complainers in the desert. This episode took place prior to Ma’amad Har Sinai, with differing opinions as to exactly when.
The next pesukim speak to what took place following Ma’amad Har Sinai, after everyone had returned home. Hakadosh Baruch Hu instructed Moshe Rabbeinu to return and ascend Har Sinai once more.
וַיֹאמֶר ה’ אֶל מֹשֶׁה עֲלֵה אֵלַי הָהָרָה וֶהְיֵה שָׁם וְאֶתְּנָה לְךָ לֻחֹת הָאֶבֶן וְהַתּוֹרָה וְהַמִּצְוָה אֲשֶׁר כָּתַבְתִּי לְהוֹרֹתָם׃ וַיָּקׇם מֹשֶׁה וִיהוֹשֻׁעַ מְשָׁרְתוֹ וַיַּעַל מֹשֶׁה אֶל־הַר הָאֱ-לֹהִים׃ וְאֶל־הַזְּקֵנִים אָמַר שְׁבוּ־לָנוּ בָזֶה עַד אֲשֶׁר־נָשׁוּב אֲלֵיכֶם וְהִנֵּה אַהֲרֹן וְחוּר עִמָּכֶם מִי־בַעַל דְּבָרִים יִגַּשׁ אֲלֵהֶם ׃
Hashem then said to Moshe, “Come up to Me to the mountain and remain there. I will give you the tablets of stone, the Torah and the commandment, which I have written in order to teach them.” Moshe and Yehoshua, his attendant, set out, but only Moshe went up to the mountain of G-d. Moshe said to the elders, “Wait here for us until we return to you, and Aharon and Chur will be with you. Whoever has a claim can approach them.”
The first trip up Har Sinai resulted in Bnei Yisrael hearing and seeing the Aseret Hadibrot, while this next trip would result in them receiving it all in writing. On the words לֻחֹת הָאֶבֶן אֶת, the Mabit says (Beit Elokim) the Luchot contained the entirety of the Dibrot – meaning, the Aseret Hadibrot (Ten Commandments) were laid out evenly across both sides, despite the large discrepancy in length between the first five and last five dibrot. The 87 letters of the Mitzvot Bein Adam LeChaveiro were etched in a larger font so they’d balance with the 533 letters found in the Mitzvot Bein Adam LaMakom.
וְאֶל הַזְּקֵנִים אָמַר שְׁבוּ לָנוּ בָזֶה – As Moshe left to ascend Har Sinai, he instructed the elders to remain in the camp with the rest of Bnei Yisrael. Rashi explains, they were to be present and ready to judge cases arising between the people. Moshe didn’t head out alone; he took Yehoshua with him until reaching the foot of the mountain. Rashi comments that he does not understand why Yehoshua went on this mission, given he was not permitted to step foot on the mountain anyway. He could have stayed with the elders back in the camp, but instead, he escorted Moshe like a talmid escorts their rebbe. He then pitched his tent at the base of the mountain and remained there until Moshe’s return forty days later.
What did Yehoshua do there for forty days? Why did he not escort his rebbe and then return to the camp once Moshe reached the mountain and began ascending? Why did he have to remain next to the mountain in isolation? We’ll soon return to these important questions.
Was Yehoshua One of the Seventy Elders?
The first chidush I’d like to share relates to the question of whether Yehoshua was part of the 70 elders or separate from them. Until I encountered the commentary of the Ramban in our Parsha, I was 100% sure he had no connection to the zekeinim, for the simple reason that these elders were all decreed to die, yet Yehoshua lived to reach Eretz Yisrael.
The Ba’al HaTurim asks, why were Elazar and Itamar not invited alongside Moshe, Aharon, Nadav, Avihu, and the seventy elders? Were there only 74 tickets available and two more could not be purchased? Why were two of Aharon’s sons selected but not the two others? He first suggests it was because Nadav and Avihu were at a significantly higher level than Elazar and Itamar; Nadav and Avihu planned to lead Bnei Yisrael after Moshe and Aharon left the world. We have no concept of just how holy they were, even at the time of their unsanctioned korban and having their lives taken.
The Zohar writes that there is no such concept of aveilut (mourning) for more than a year. One year is the most we can mourn for a parent, and even less for other relatives. However, there are two exceptions where our mourning extends longer. The first is for the loss of Nadav and Avihu, and the second is for the students of Rabbi Akiva. The Zohar says, one who sheds tears on Yom Kippur when recounting the death of Nadav and Avihu (in the Torah reading) is promised to never see their children die during their lifetime.
In some machzorim there is a Tefillah that appears just prior to Kriyat HaTorah with his words, and the Mateh Ephrayim clarifies: these tears should inspire one to depart from sin and perform Teshuva upon realization that even the greatest of tzadikim could be punished according to Midat HaDin (the Attribute of Justice).
Commentators on the Zohar say, had Nadav and Avihu lived to lead Bnei Yisrael after the death of Moshe and Aharon, our collective level would be much higher as well, and we would not look today as we do. This is also the reason for continued mourning over the loss of Rabbi Akiva’s students. Yes, their time to die unfortunately came, and they were thus mourned according to Halacha, but there is so much more to their departure from the world. Had there been 24,000 more Tana’im serving Torah to Am Yisrael, we’d be an entirely different people today. Siyum HaShas would take place every seventy years instead of every seven! Each one of these talmidim knew the drashot of Rabbi Akiva on every letter and תאג (crown) in the Torah; learnings we have no trace of today.
The Tur ultimately rejects this approach as to why Elazar and Itamar were excluded from the group going out to Har Sinai. He also rejects the idea the elders were more important than them, given that the handing down of Torah saw Elazar and Itamar learn it immediately after Aharon, prior to it being taught to the elders (Eruvin 54b).
Rabbotai, the answer provided by the Tur is frightening. He says it was clear to Hakadosh Baruch Hu that everyone who climbed the mountain would ultimately die. But Hakadosh Baruch Hu did not want all of Aharon’s children to die. Had Elazar and Itamar been there, they too would have gazed at the Shechinah and died! To preserve the Kehuna, the two younger brothers were left behind.
We see that everyone on the mountain was deemed worthy of death, and if Yehoshua was one of them, he too should have died. Yet he did not. While we can conclude Yehoshua was therefore not one of the elders, both the Ramban and Rabbeinu Bachya claim otherwise. They say he was indeed one of the seventy elders, as there were not seventy members of Bnei Yisrael more worthy than him. Yehoshua escorted Moshe Rabbeinu farther than the rest of the group and remained separated from them. Yehoshua was therefore not with the other elders as they ate and drank further back.
The Netziv adds, the reason Yehoshua proceeded with Moshe to the foot of the mountain was not because he wished to escort his rebbe. Had that been the case, he’d have immediately returned to the camp and come back 39 days later to greet Moshe upon his descent. There is a clear reason he stayed there for 40 days. Moshe would not have agreed to bring him, and Yehoshua would not have waited there, had that not been the will of Hakadosh Baruch Hu. Aharon could have also escorted Moshe a bit further if an escort was all that was needed.
When the elders were instructed by Moshe Rabbeinu to stay behind, they were told: שְׁבוּ לָנוּ בָזֶה – Wait here for us. Who is the לָנוּ referring to? Would it not be grammatically correct for Moshe to say שְׁבוּ לִי בָזֶה – Wait here for me? The Chizkuni says, Moshe was referring to himself and his travel partner Yehoshua – also evidenced in נָשׁוּב אֲלֵיכֶם עַד אֲשֶׁר – Until we return to you. Moshe here told the elders that Yehoshua was coming with him; they shouldn’t look for him or file a missing person report. They’d return together after forty days.
Why Yehoshua?
Why Yehoshua? We’ll now dive into a few of the reasons. It says in Tehillim (78:25): לֶחֶם אַבִּירִים אָכַל אִישׁ צֵידָה שָׁלַח לָהֶם לָשֹׂבַע׃ Man ate the bread of angels: he sent them provision to the full.
The Gemara (Yoma 75b) discusses what לֶחֶם אַבִּירִים refers to, and Rabbi Akiva explains it as the bread angels eat; but Rabbi Yishmael objects to this answer, as angels do not eat! He explains לֶחֶם אַבִּירִים as bread that is fully absorbed within the אֵבָרִים – 248 limbs of man, with no waste produced. This reference is to manna. The Gemara then provides another explanation to the pasuk: זֶה יְהוֹשֻׁעַ שֶׁיָרַד לוֹ מָן כְּנֶגֶד כׇּל יִשְׂרָאֵל – The pasuk is referring to Yehoshua, for whom manna fell corresponding to all the rest of the Jewish people.
While waiting for Moshe at Har Sinai over the course of forty days, Yehoshua received manna equal to the portion of Bnei Yisrael combined. He received enough food for millions of people! Moshe went to Har Sinai with no food, as he’d be fasting for forty days, but what about Yehoshua? Generally, when we get set to go away for a week, we pack 20 cans of tuna, 10 packages of crackers, and at least six packages of turkey and pastrami. Why did Yehoshua not pack food for the road? Instead, he went with Moshe, into the desert, with nothing in hand, and Hakadosh Baruch Hu said, “Don’t worry, I will provide manna to your doorstep. Not just omer lagulgolet, enough for you, but enough for shishim riboh – all Bnei Yisrael!” The Ben Yehoyada asks (Yoma 76), what could Yehoshua possibly do with all that manna? Why would Hakadosh Baruch Hu send down that much? Furthermore, it says manna descended right to the tent doors of tzaddikim, whereas the wicked had to go out and collect it – was there possibly enough space next to Yehoshua’s tent for that much manna to pile up?
If Hakadosh Baruch Hu sent enough manna for Bnei Yisrael, it is yet another sign Yehoshua was meant to be there and nowhere else. Had he not been, he’d have faced hunger and thirst instead. To better understand this element of the story, we’ll invoke learnings from a couple of Midrashim.
Midrashic Insights: The Role of the Elders
Yalkut Shimoni deals with the wording of שְׁבוּ לָנוּ בָזֶה. Avraham Avinu had a similar episode where he told his entourage to stay behind while he and Yitzchak, continued forth. In his case though, he used the words שְׁבוּ לָכֶם פֹּה – Sit yourselves here. What is the significance of לָנוּ – for us? The Midrash says Moshe informed the elders they were not resting for their own sake, but rather for his sake. He would be ascending to a fearsome place where serafim and chayot (types of angels) boasted heavenly powers. Moshe was telling the elders, “Beseech mercy for me, that I should go in peace and return in peace. Daven for me!” And if Moshe, who was invited to ascend by Hakadosh Baruch Hu, was afraid, all the more so we, who never received such an invitation, should beseech Hakadosh Baruch Hu to forgive us and be merciful with us!
Midrash HaGadol also addresses this topic and highlights the humility and greatness of tzaddikim. Even though Hakadosh Baruch Hu invited him to stand alongside the angels in Heaven, Moshe trembled at the thought of entering the domain of gedudei aish. He asked the elders to not only daven for him, but also to fast for 40 days in his merit!
Moshe Rabbeinu never requested that anyone daven on his behalf, according to Oznaim LaTorah. He was always the one davening on their behalf. This was the sole exception though, as he turned to the elders and expressed trepidation for his fate, appealing for their Tefillot. Down here on earth, Moshe was never afraid, but up in heaven, even the greatest to live was scared. This can be paralleled to each of us, for when our time in this world comes to an end, we receive that invitation to ascend. When a life in this world expires, the individual does not depart on their own – their Neshama is invited by Hakadosh Baruch Hu. Until that point, we are calm and collected, able to perform as many Mitzvot as we’d like on earth. But in Heaven – a place filled with serafim, ofanim, and chayot hakodesh – even the most complete person needs Siyata Dishmaya, Tefillah, and Ta’anit. We can see just how fearsome din with the Pamalya Shel Ma’ala – the Heavenly Court is.
I heard the following guidance from Rav Dan Segal shlit"a and later found it in writing. When giving the Machatzit Hashekel (half-shekel) prior to Purim, the Alsheich HaKadosh says we should say, “This half shekel I give is l’illui nishmat Moshe Rabbeinu, alav hashalom.” I was shocked upon first hearing this. Does Moshe Rabbeinu really need the merit of our small pocket change? After sitting amongst the Pamalya Shel Ma’ala for the last 3000 years, does he still need Mitzvot performed in his merit here in this world? Rav Dan Segal says yes! Spiritual merits have no boundaries or limitations!
I also learned of an extraordinary practice from Rav Shteinman, which I’m told is sourced in Noam Elimelech. A person visiting their late parents’ grave should say, “I will give tzedakah l’illui nishmat whoever tells my parents I came to visit their grave.” According to Rav Shteinman and the Noam Elimelech, you would not believe how many souls immediately run to these parents to inform them of the visit! Why? All for a half shekel! We cannot imagine how valuable one shekel of tzedakah, given in this world, is to the Neshama of someone who passed on. Even more so when we give that tzedakah and perform that Mitzvah directly l’illui nishmat a parent. The number of zechuyot (merits) from one such act performed down here is endless in shamayaim!
A tremendous yesod is learned, but the question must be asked: Is that the real reason the elders were told to remain back? The Shaarei Orah asks this and suggests the actual reason relates back to their behavior in Parshat Shemot. There, Moshe gathered the elders and informed them Hakadosh Baruch Hu was set to redeem Bnei Yisrael and take them out from Egypt, and after pledging their support and belief, they were told to join Moshe and Aharon in approaching Pharoah. But after setting out on the mission, one by one they developed cold feet and slipped away from the pack, leaving Moshe and Aharon alone in front of Egypt’s ruler. Rashi says, they peeled off one by one, the Midrash says two by two, and Midrash Hagadol says five by five. The people all suddenly noticed they had forgotten their phones or remembered something they were supposed to take care of at home. They simply ran away, and as a result, Hakadosh Baruch Hu said they would not approach Har Sinai either. The Midrash says, after being left behind, they began to complain; they claimed they would not have come along to the base of the mountain had they known its ascent was off-limits. Hakadosh Baruch Hu acted with them according to middah k’neged middah – measure for measure. Someone who was afraid to approach a king down in this world would not be given the opportunity to meet the King in the upper world. On the flip side, someone who was willing to give his life in approaching an earthly king on behalf of Hakadosh Baruch Hu would be welcomed to meet the King Himself in Heaven. The elders were punished.
Hamaor Shebatorah asks a follow-up question to this explanation. If it was indeed a punishment, why is the outcome explained as their Tefillah being sought? Also, would they not have naturally davened for Moshe Rabbeinu even had he not asked? The answer is, Moshe did not want to embarrass them. He did not want to hold up his hand and say, “You may not proceed because you didn’t walk with me earlier.” Moshe did not want Bnei Yisrael to see them turned back like this, so instead, he asked them to sit and daven for him. The greatest Navi asked others to speak to Hakadosh Baruch Hu on his behalf; all because it was the most honorable way for them to be punished.
Shaarei Orah asks the next natural question – if that was the case, why did Moshe not take Aharon with him? Aharon did join him in approaching Pharoah! He answers, that too was to protect the honor of the elders. Moshe asked Aharon to stay back so it would not appear to them – or to Bnei Yisrael looking on from afar – that these elders were being singled out for inauspicious reasons. This episode teaches us the central lesson: דֶרֶך אֶרֶץ קָדְמָה לַתּוֹרָה – proper behavior precedes the Torah. The elders were due their punishment, but it could be upgraded to an honorable one.
The Fear of Moshe Rabbeinu
The fear Moshe Rabbeinu experienced is described for us, and expanded upon, in Pesikta Rabbati (20:1):
בְּשָׁעָה שֶׁעָלָה מֹשֶׁה לַמָּרוֹם בְּאוֹתָהּ שָׁעָה בָּאתָה עָנָן וְרָבְצָה כְּנֶגְדּוֹ לֹא הָיָה יוֹדֵעַ מֹשֶׁה אִם לִרְכֹּב עָלֶיהָ אִם לֶאֱחֹז בָּהּ מִי פָּתְחָה וְנִכְנַס בְּתוֹכָהּ...
At the time when Moshe went up to the mountain, a cloud came and ran against him. Moshe did not know whether to ride on it or grab it. As soon as it opened, he entered into it...
We’ll now summarize the fascinating text we’ve addressed together in the past (see Rav Rosenblum English Shiur – Yitro 5783). Moshe entered the cloud, and it carried him up to Heaven. There, he was greeted by a series of angels looking to deny him access. Moshe got past the first angel (note: angel names are to be read but not spoken) – קמוא"ל – by striking him and vanishing him from the world. He reached the second angel – הדרניא"ל – who stood 60 times taller and more powerful than the initial angel, able to exhale two destructive flames with each dibur. Moshe saw 10 such flames shoot out as the angel asked: “מָה לְךָ בְּמָקוֹם קְדוֹשֵׁי עֶלְיוֹן – What are you doing here amongst the holy of High?” Paralyzed in fear, Moshe cried and begged the cloud to carry him back down; he was no longer interested in the invitation he had received. A bat kol was then heard chastising the angel for his objection – and for the objections and jealousy of the angels towards human beings since the days of Creation. The angel quickly adjusted course and helped Moshe along until reaching the next angel in line – סנדלפו"ן – the most powerful of them all, who also wished to destroy Moshe. The sight of this angel caused Moshe to cry once again, this time begging for mercy. Hakadosh Baruch Hu responded by standing up from the Kiseh Hakavod and placing Himself in front of the angel until Moshe successfully went by, like it says: וַיַּעֲבֹר ה’ עַל פָּנָיו – And the Lord passed by before him (Shemot 34:6).
It didn’t end there. Moshe knew exactly what awaited him in heaven and this was the impetus for asking the elders to daven on his behalf. A legion of angels surrounding the Kiseh Hakavod took exception and also attempted to burn Moshe Rabbeinu alive, only for him to be shielded by Hakadosh Baruch Hu. The time then came to address the angels’ core objection: “מַה לִילוּד אִשָּׁה בֵּינֵינוּ – Why is the offspring of a woman here?” Rather than answering them. Hakadosh Baruch Hu instructed Moshe to answer the question directly, but he was too scared to do so. Hakadosh Baruch Hu told him, “Hold onto the Kiseh Hakavod and answer the angels!”
Moshe knew what the angels were capable of! Sure, he had received a personal invitation, but he was terrified of the outcome. This is why he asked the elders to fast and daven for him. When the angels asked what he was doing there, their intent was not “How did you find us? How did a human being get in?” This was not the first time a man had reached them in Heaven. Chanoch, Yitzchak Avinu, and Eliezer all paid visits to Gan Eden prior to Moshe Rabbeinu. Rather, their intent was, “Why is the hidden gem of Torah being given to a human being?” To that, Hakadosh Baruch Hu asked Moshe to provide an answer. But why did Hakadosh Baruch Hu then tell him to hold onto the Kiseh Hakavod while answering? Why did He not lash out at the angels, “Do not harm him! He is my special guest!” That would have certainly ended all threats and lowered the temperature in the room. The answer is, we have no concept of what transpires in Beit Din Shel Ma’alah. We have no concept of who the angels sitting in the Pamalya Shel Ma’alah are, and what they are capable of. When Moshe turned to the elders, however, he did know. And he knew what it would take to return in peace.
