Open and Hidden Transgressions
דברים פרק כט, כח הַנִסְתָרוֹת לַה' אֱלֹקינו וְהַנִגְלוֹת לָנו וּלְבָנֵינו עַד-עוֹלָם לַעֲשׂוֹת אֶת-כָּל-דִּבְרֵי הַתּוֹרָה הַזֹּאת
Sanhedrin 43b
(R’ Yochanan): Yisrael were not punished for hidden transgressions (of others) until they crossed the Yarden river.
Tana'im argue about this:
(Beraisa – R’ Yehudah): "Ha'Nistaros la'Shem Elokeinu veha'Niglos Lanu ul'Vaneinu Ad Olam" - there are dots over "Lanu ul'Vaneinu" and the 'Ayin' of "Ad" to teach that Yisrael were not punished for hidden transgressions until they crossed the Yardein.
R’ Nechemyah: Yisrael are never punished for hidden things. It says "Ad Olam"! Rather, just like Yisrael were not punished for hidden things before crossing the Yardein, they were not punished for open transgressions (of others) until they crossed.
Rashi: If you will say, “Since this punishment will come on us (in the previous verses) even if an individual is harboring thoughts of idolatry, what hope is there for us?” The verse tells us, “the hidden things (in a person’s mind) are for G-d (to deal with privately), but the revealed things (where people’s sins are publically known) are for B’nai Yisrael to deal with and enact justice.” And if we do not enact justice, then the general public is additionally punished for the misdeeds of the individuals. Further, the dots on the letters “to us and our children” in the verse express the concept that the punishment for the public’s failure to act only occurs after B’nai Yisrael crossed the Yardein river, and we accepted to be guarantors upon each other.
Rabeinu Tam, Ramban and Unkelos: The “hidden” transgressions are those actions not revealed to the one that does the action, but only revealed to Hashem. And the oath that the Jews took to follow the path of HaShem does not include these “hidden” transgressions. However, even in the “revealed” transgressions punishment does not occur still after they cross the Yardein River (or according to R’ Nechemyah punished for the open transgressions of others).
R’ Bachaye in the name of the Rambam: The “hidden” items are the mystical secrets and reasons for the Mitzvos which stay by Hashem. Those that merit can take from these esoteric teachings. But this does not knowing not exempt other people from the obligation to do the “revealed” physical mitzvos.
R’ Bachaye: Even though the Jews were now entering Eretz Yisrael, the length of the future Galus was hidden from us and known only to Hashem. Nevertheless, the Torah remains in force during Galus. Thus, the revealed Torah is binding upon us whether the times “reveal” the Torah (Geulah) or the times “hide” the Torah (Galus).
Tz’ror haMor: This verse is a continuation of the response to those (whether Jewish or non-Jewish) that scoff and say how is possible for the Jewish nation to be punished for the acts of a few (minority) sinners. The answer is that this is a matter hidden to HaShem and we do not fully understand His ways, but in the revealed words of Torah are still applicable to all Jews for all times.
Why dots on the 11 letters including the “ע”?
Tosfos – in this verse the Names לי-ה-י-ה אלקינו, has 11 total letters: even the revealed sins are to HaShem prior to crossing the Yardein.
Chasidus – 11 represents transformation, purpose of exile & tragedy.
Riva – extra dot on ע that this change for you and your children only occurs after 70 days: 40 days Moshe spoke on the Plains of Moav; 30 days of mourning and then enter Eretz Yisrael.
Rabeinu Tam – extra dot on ע of the word עד indicates that punishment to you and your children by revealed means (witnesses) has two time periods: before and after crossing the Yardein River.
