📋 Shiur Overview
Zachor and Shamor: The Secret of Positive and Negative Commandments in the Tablets
Opening of the Shiur: Zachor and Shamor and Two Types of Mitzvot
At the end of the previous shiur we saw that we need to return and open from the beginning the discussion regarding zachor and shamor, and therefore I ask to return and say the beginning of the matter from the start — from the point that explains what is the simple meaning of shamor and zachor and what is their secret. Based on this we will try to continue and understand that there are here two types of mitzvot, positive commandments (mitzvot aseh) and negative commandments (mitzvot lo ta’aseh), and to understand their content, their inner meaning and the meaning of the entire matter. And all this is expressed in the teaching of our Sages ‘zachor and shamor were said in one utterance.’ We must therefore explain the context and prove and clarify the matter properly.
The First Great Revelation: Matan Torah
Everyone knows that the first great moment of the Torah, the first great vision, the first great revelation in the Torah, is Matan Torah (the Giving of the Torah). The Holy One, blessed be He, descended upon Mount Sinai and gave Israel Torah and mitzvot, as we say ‘and You redeemed us our King at Mount Sinai to teach Your people Torah and mitzvot.’ The Holy One, blessed be He, made all of Israel hear, through Moshe and directly, the Ten Commandments, ‘which Hashem spoke to you on the mountain from the midst of the fire’ on the day of the assembly.
It is also known to all that the Ten Commandments appear twice in the Torah. Once directly within the event, in Sefer Shemot in Parashat Yitro, and a second time as Moshe told Israel in one of his discourses in Sefer Mishneh Torah (Deuteronomy), within ‘the words that Moshe spoke,’ in which Moshe Rabbeinu repeats and tells Israel. We are accustomed to say simply that he repeats and tells, but one must emphasize this: Moshe Rabbeinu is the one speaking to Israel.
The Torah’s Perspective: An Objective Narrator
An interesting thing is, that we already have the earlier version, the earlier level, the earlier stage of those same things — which is the first four books like Sefer Shemot. There the Torah stands as narrating in an objective manner, as the Ramban explained in his introduction, that the Torah does not write ‘Moshe said: Hashem said to me thus and so,’ but rather narrates the event that occurred as it is, from a super-personal point of view, what is called in literature “the Creator’s perspective.” That is, the event is written not from the perspective of a particular person — not of Moshe, not of Pharaoh, not of Israel, and not even of anyone — but as it is. Moshe himself, even though Moshe Rabbeinu is the author of the Torah, does not write from his own perspective, but writes as the thing is.
Until we reach Sefer Devarim, at least most of Sefer Devarim, which opens with ‘these are the words that Moshe spoke’ (Devarim 1:1). Here stands clearly a title: these are the words that Moshe spoke, and from here onward we hear clearly that Moshe Rabbeinu spoke. And even here stands a framework, for the narrator of all the Torah is the one who says — as the Ramban explains truly in the introduction to Mishneh Torah — that there is no contradiction in saying ‘the words that Moshe spoke,’ for Moshe’s words in Parashat Sefer Devarim also stand within a framework, for they were preceded by the title ‘these are the words that Moshe spoke.’ And who is it that writes ‘these are the words that Moshe spoke’? It is not written ‘Moshe said: I Moshe write the words that I spoke,’ or the like, but rather ‘these are the words that Moshe spoke.’ The simple meaning is that this is a continuation of that same order itself: he speaks as an objective narrator narrating the things, except that within the things he says that Moshe Rabbeinu said, and then we indeed hear how Moshe Rabbeinu said: ‘I said,’ ‘I went,’ ‘I heard.’
And the truth, as the Ramban noted, is that there are such passages already in the earlier Torah. It may say ‘and Moshe said to Hashem’ and the like, and the Holy One, blessed be He, said to Moshe. There are such things within the events in the earlier Torah. The main innovation of Mishneh Torah is essentially that the discourses heard from Moshe’s mouth are very long and extensive, and in them stands the discourse as Moshe Rabbeinu spoke it to Israel in his time.
The End of the Torah: Return to the Objective Order
And here is the interesting thing: until we reach the end of Mishneh Torah. This week’s parasha is Ki Teitzei, and after it Ki Tavo, Nitzavim, Vayelech. And when we reach Parashat Vayelech, where there are almost no more discourses — for Ki Tavo is truly the end of the discourse, and after it the rebuke, and after that a few more discourses in Nitzavim — but when we reach Vayelech, which is truly the end of the Torah, the parasha of Moshe’s death, there the Torah truly returns to its regular order. Again this is not in the aspect of Mishneh Torah in that sense. The verse already speaks about the Torah, as it says ‘take this book of the Torah’ (Devarim 31:26); a Torah already exists, the main Torah, Mishneh Torah, is what was said before. And then the matter returns to the regular order.
The Question of the Last Eight Verses and Who Wrote Them
And therefore there arises the question of the eight verses at the end of the Torah, which in practice — as the Ibn Ezra already noted — one can expand the question to several sections before that. It even speaks of Moshe’s death, just as it spoke of Moshe’s birth: this is not Moshe speaking from his perspective, but rather the Torah’s perspective, and therefore there arises an inquiry who wrote this. In other words, what is the meaning. The question of who wrote is a historical question, and I do not think this is the true question of the Gemara according to the foundation, for even when we come to speak about Mishneh Torah we will understand the entire matter in this.
But as I have posited, this is more a question of how we understand the sections differently, that the speaker, the owner of the voice, the owner of the Torah’s narrative, is here different from the rest of the Torah. For here we see clearly that one cannot call him Moshe, because Moshe is no longer alive. He clearly says an event in which he is not alive, but essentially the matter returns to the general Torah — just as the Torah can write about Moshe before he was born, from Bereishit until Shemot, and just as Moshe did not even remember how he himself was born and placed in the ark, and all this Moshe writes from the mouth of the Almighty, it is written in a divine way, in an objective way.
The same thing at the end of the Torah: one can say that the Torah returns. It returns to objectivity, to the perspective of the Holy One, blessed be He. ‘Bereishit bara Elokim’ (Bereishit 1:1) is not really the perspective of the Holy One, blessed be He, for it also speaks about the Holy One, blessed be He, Himself. Nor is it written ‘I am Hashem’ — there are passages where it says ‘I am Hashem’ — but the Torah is not written as the Holy One, blessed be He, speaks, as He so to speak expresses His personality.
The Attribute of Malchut and the Level of Torah
In other words, the attribute of Malchut (Kingship) is the important thing. The attribute of Malchut is when a person speaks from within his personality, says ‘I,’ ‘I say.’ Sometimes a person narrates something because he represents, conveys the reality. And so stands the Torah. And the Torah, so to speak, is prior even to reality and to the Holy One, blessed be He, that is, it is outside of this. And the simple meaning is not that the Torah writes, and when we say that the Torah is from the mouth of the Almighty, that the Torah is a divine thing, the intention is not that it was written from the attribute of Malchut of the Holy One, blessed be He. The intention is not that it was written from within the personality of the Holy One, blessed be He, for it speaks in it about the Holy One, blessed be He, Himself. The Holy One, blessed be He, is Himself a character in the Torah; the Torah is so to speak something greater. One cannot say that it is greater than the Holy One, blessed be He, for the Holy One, blessed be He, includes all of reality, but it is greater than what we would call ‘I am Hashem,’ than what we would call the Holy One, blessed be He, as He reveals Himself as ‘I.’ The Torah begins before that. These are already deep secrets, but the matter is simple, and I place it in simple peshat.
Moshe’s Death and the Secret of ‘And Moshe Died There’
And therefore, from there the Torah begins to transition to the length of Moshe’s personality — this is the meaning of Mishneh Torah — until it returns to ‘and Moshe died there’ (Devarim 34:5) according to all opinions. There are approaches and Tannaim regarding exactly how to interpret this, but according to all opinions the matter already returns to the regular order, so to speak to objectivity. And this is truly itself the secret of Moshe’s death.
There are those who hold that the early ones already said that Yehoshua wrote it, but in my opinion according to all opinions the matter is different, as the Gemara says: even according to the one who says that Moshe himself wrote it — it changed. And one can say the opposite: even the one who says that Yehoshua bin Nun wrote it, his intention is not that this is not part of Moshe’s Torah, for the Chumash is called Torat Moshe. His intention is only that at the moment Moshe disappeared, when it already says ‘and Moshe died there,’ there is already here a place for Yehoshua. One cannot say that Yehoshua bin Nun wrote it in the historical sense; we do not believe that it is truly so. If they say that there is here historical proof that the matter of Shaul was so, one can reject the proof — this is not proof, neither from here nor from there, this is a very weak proof. The main intention is to raise the meaning, what is the meaning of the matter and how it appears from the inner understanding of the Torah.
Why All This Introduction: The Root of the Torah
And now, why all this introduction? Because it is important to return and go back to what we said. We said that the root of the Torah — the first thing we spoke about in the previous shiur — is the thing that Israel celebrates on Shavuot. And the matter is important, for Yom Kippur is also a day on which the second tablets were given, and it too is an aspect of Matan Torah, and all of the month of Elul is preparation, for we revolve around those forty days before Yom Kippur, in which Moshe ascended to the mountain and received the Torah. And the essence of the matter, its shortest formulation, are the Ten Commandments that all Israel heard. These He wrote on the tablets, the Holy One, blessed be He, wrote on the tablets. There is more Torah that was learned in all forty days, and all this is already explanations of the Ten Commandments and expansions, but this is the Torah, the greatest in the order of the Torah that we received.
The Order of the Torah and Its Form: The Ten Commandments
And in the order itself — and this is the important thing — just as they say that 613 mitzvot is a midrash that stands in the Gemara, that Rabbi Simlai said it, and it is not an explicit verse, for the Torah’s way is to call the mitzvot by different names: mitzvah, or chukim and mishpatim, and all these are one name. But if one wants to find a root for a list in the Torah, for a count of one, two, three, certainly the greatest list is the Ten Commandments. In other words, this is the order, the form of the Torah. Everyone understands that understanding means making order, means giving form. A confused person, who has no order, does not understand what stands before him. The order and form of the Torah in the section of the Torah are the Ten Commandments. Ten things, the Ten Commandments — this is the first form that it gives to the Torah, and from them emerge 613 mitzvot and thousands more branches, and also the Rabbinic laws and customs, all as additional decorations upon this.
The Tablets: A Thing That Endures
Now, if we study the Ten Commandments, and if we want to see — the Ten Commandments are a visual thing, these are the Ten Commandments that were written on the tablets. A tablet is something visible to the eye, something written, that remains fixed and enduring, engraved on two stone tablets, ‘engraved on the tablets’ (Shemot 32:16), ‘and the writing was the writing of God, engraved on the tablets’ (Shemot 32:16).
And it is also something that endures. For speech is not like something written: speech is something that I speak with you, you can hear it, but you must remember it, and it remains only in memory. But what is written is already something that becomes substance, and you do not even need to remember it. That is, it is remembered, it remains in stone, as they call a memorial stone, ‘and he set up there a monument’ (Shmuel I 15:12). It becomes like a reality, a tangible reality in the world. The Torah descended, the Torah came, the Ten Commandments were written on stone, on two stone tablets. This is not only that one must remember the Torah — that too exists — but it is deeper than this. The Torah truly descended, what is called investiture, investiture in physicality: a stone was made in the world upon which the Torah is engraved.
The Mitzvah of Writing a Sefer Torah
And the truth is that upon this also stands the mitzvah of writing a Sefer Torah, which we also learn — at the end of Devarim stands the commandment ‘write for yourselves this song’ (Devarim 31:19), the mitzvah of writing the song or writing the Torah. And there is a deep intention in this, and we read every Shabbat in the synagogue from a written Sefer Torah, that a scribe wrote with his hands on parchment, with all its details, all its laws and particulars. And we take out the Torah and kiss it and show it around. This is not only a way to remember the Torah.
And what is the proof? For there is Torah she’be’al peh (Oral Torah). Torah she’be’al peh teaches that one can remember without writing, there is no problem with this. Indeed afterward we wrote it, when it appeared that forgetfulness was being forgotten, but in practice, for thousands of years it survived. And the truth is that even today we see Torah she’be’al peh — and this is not now the subject of our discussion — that they remember it today. The Torah is remembered, the Torah is not something that must be written; we write it even though it is possible to remember it.
Why Do We Write It: The Point of Permanence
Rather why do we write? There is here a point of permanence, that the thing should not be done only in the realm of wisdom. I do not mean simply that it should not be done in the realm of wisdom, for one can remember; but the deeper meaning is that it becomes like a cheftza (object). Now it becomes something that cannot be torn so easily; it is not torn. Moshe broke the tablets. And the meaning of breaking the tablets is that Torah she’be’al peh remained, as it says in the Gemara: ‘a great voice that did not cease.’ Hearing and understanding are always possible; when he broke the tablets the voice was not broken. The great voice was not broken, but the writing was broken. And this is a great difference. But on the other hand, writing has a weakness: it still has not come to substance, it is not an object visible to the eye.
‘There is nothing in the ark except the two tablets’ (Melachim I 8:9) — these are the tablets that they stored, the tablets of testimony, and Israel could always see them. One must know how they could see them: sometimes they opened the ark and showed them, from time to time they saw them. And this is something that came to substance in a body. And this is truly the special work of writing a Sefer Torah.
In truth, the Gemara says that every Jew must write for himself a Sefer Torah. And even though one fulfills the obligation if he bought one — and there are poskim who say that the main intention is in order to learn, and the Rosh says that therefore in our time the main mitzvah is to buy books, but we do not learn so and we do not rule so completely, at the very least — there is a great matter in writing the Torah, and if a person can learn to write himself, certainly in this he continues the matter. And it can be so even in writing chiddushei Torah, or in printing, and in other ways in which one makes substance from the matter. It is a very important matter. Today everything is on computer, and one must examine what kind of substance a computer has (and in this we will return to our shiurim on that subject and this is not its place), and this is not substance like handwriting. Still there is a great matter in writing.
Three Levels of the Tablets
Thus the tablets are also the list, also the thing heard, and also the thing written. One can see them, one can touch them. One can touch the word of Hashem, the tablets. What is placed in these stones? And every Jew must have something from the aspect of the tablets. Everyone puts on tefillin every day, and in the tefillin are written certain principles of the Torah that correspond to the Ten Commandments. We have a mezuzah, and we have such things. One must emphasize this, and we said that the shiur will come to emphasize the daily matters. And every Jew has a Sefer Torah, we go to the synagogue on Shabbat and Monday and Thursday and take out the Sefer Torah.
This is a tremendous light. The Arizal has many kavanot (intentions) on holding the Sefer Torah, on kissing it, on placing a crown on the Torah, and on those rimonim (pomegranates) that they used to call the decorations of the Sefer, and on the other customs with which they decorate the Sefer Torah. There is a great light in this, as a mitzvah, like building the Mishkan — like the mitzvah of writing the Torah or building the Mishkan — to make a physical object, to remove from a person the burden that he should always be in his mind, that he should always remember himself. That is, when he remembers, and Torah she’be’al peh that must be remembered — he does not need to review, for it is placed there, ‘and you shall write them on the doorposts of your house and on your gates’ (Devarim 6:9), it is placed by your entrance and you do not need to remember. This is advice to remember even when you are not remembering. And it seems to me that we have already spoken many times about the virtue of the sanctity of the object (as we have already explained regarding the sanctity of the object and this is not its place), but it is a great virtue and speaks to a person powerfully. And these are the tablets, and in the tablets are found all these levels.
The Question: Why Do the Ten Commandments Stand Twice in a Different Way
And now, when we look at the tablets, for in the Ten Commandments on the tablets, which we want to be absorbed within, that every Jew should remember all the Torah by heart — but in the Ten Commandments with their text, it would be fitting that a person should be able to repeat them and know them by heart. Indeed the Sages did not institute that they should say the Ten Commandments but rather Kriat Shema, and everyone knows Kriat Shema, and perhaps even in saying the Ten Commandments there is a matter. And it would be fitting even to know the differences between the two versions of the Commandments. And this is like a novelty. Let us understand. I say this so, because perhaps in this the novelty or the difficulty is better expressed.
In Both Tablets Stand the Ten Commandments: A Secret
Now in both times — in both tablets that are so important, and in both ways in which the Torah is written — stand the Ten Commandments. Very important, and this itself is a secret. In both they stand. That is, not everything stands repeated twice; one should not call this repetition, but rather this is like another level of Torah. Not everything, not every mitzvah stands both in Sefer Shemot or Vayikra Bamidbar and also in Sefer Devarim. There are many mitzvot that stand only in one of them. The Ramban throughout Sefer Devarim proposes different theories to explain which and why, but not every mitzvah, and certainly not every event, and certainly not in the same language. This is not something said in it ‘and Hashem said’ — for the Holy One, blessed be He, said the mitzvot to Moshe in languages, ‘and Hashem spoke to Moshe saying’ (Vayikra 1:1), ‘a person when he brings from you an offering’ (Vayikra 1:2). Thousands of mitzvot stand in the same language, but very few stand in the same language with repetition. There are a few verses with the same language, or with an added word or a changed word, but very few — and one must examine this — very few sections and mitzvot, and even those that are repeated and stand in Sefer Devarim, very few stand in the same order, and certainly in the same language, almost word for word. One can examine and find one of them. But from the thing that stands again, twice in the Torah, are the Ten Commandments.
From this itself one can see how important they are. And this is what I ask to say: not the idea of the Ten Commandments is the novelty, for one can say that the idea stands in all the Torah. ‘Do not steal,’ ‘do not murder,’ ‘I am Hashem,’ ‘do not take’ — all these stand almost many times in different ways, with additional details, with additional laws. ‘According to all that comes from his mouth he shall do’ (Bamidbar 30:3) is similar to ‘do not take the name of Hashem your God in vain’ (Shemot 20:7) and the like. It stands many times in many ways: ‘what comes from your lips you shall keep and do as you have vowed’ (Devarim 23:24), and all these are languages connected to ‘do not take.’ And so every verse and verse. Shabbat certainly stands dozens of times in the Torah, and so every thing from the Ten Commandments stands many times. This is not the novelty that it stands repeated again.
But that the language should stand ‘I am Hashem your God’ (Shemot 20:2) and all the language entirely until ‘and all that belongs to your neighbor’ (Shemot 20:14) — this is almost the only section that stands repeated at such length. I can remember a few more verses that one can see are the same verse, with an added word or a missing word, but such a long section as the Ten Commandments — more than ten verses according to the lower cantillation, and according to the upper cantillation ten long verses — that stands truly written again word for word, this is the only thing: the Ten Commandments.
Thus one can see — and I am not entering into this discussion — how important the Ten Commandments are. The Sages had an argument about this, that they did not want them to say Kriat Shema lest they think this is the entire Torah. Simply put, they are a very important part of the Torah, and not only an important part — and this is what I ask to raise — they are important as the form of the Torah, as the order of the Torah, for this is the thing that the Torah wrote repeated in the same order and in the same words.
The Language That Is Important: The Verse Repeated to Establish
There are other things that are important. One can see that the Torah speaks very many times about the prohibition of idolatry. The subject, the content of the matter, is very important, but each time it stands in different language. Thus the language itself is not the important thing. It is important, but there is such a law ‘the verse repeated to establish,’ or ‘a prohibition that comes from two prohibitions,’ that the Rambam learns that its meaning is not that the transgressor is lashed twice, but that the matter is more important. Thus we see that what stands many times, simply it is an important thing. And here the language is the important thing. In other words, what stands on the tablets, on the stones — simply it was already established, that it descended with such strength, that it was defined with such strength on the language — this is the Ten Commandments.
The Ten Commandments Are Very General Things
Now it stands itself that there is in this also limitation. For a person will say: the essence is not the language, for according to the place, according to the time, according to the person, it must change a bit in law. And therefore indeed the Ten Commandments are very general things. There does not stand in them even the most detailed thing, the most specific thing, that stands in the Ten Commandments which is the mitzvah of Shabbat. It stands ‘and on the seventh day you shall rest’ (Shemot 23:12), the seventh day; it does not stand when is the seventh day, but the seventh day of every week. This is the most concrete thing. All the rest: ‘honor your father and your mother’ (Shemot 20:12) — what is honor? The Gemara will already say what is the meaning of honor and what is the meaning of fear, but in the Ten Commandments the matter is not explicit. What is ‘do not murder’ (Shemot 20:13)? Whom? And how? And what is intentional and what is unintentional? It stands in other sections, but details do not stand. Only the most general thing stands, that one can, as they say, “engrave in stone.” This one can write on stone: ‘do not murder.’
Laws one cannot already write on stone. Every time the law stands in the Torah, it stands a bit differently, in slightly different details, because there are so many situations, until one must learn a complete Rambam, Hilchot Rotzeach, to know the laws of ‘do not murder.’ ‘Do not steal’ is all Choshen Mishpat; all of it is only laws of ‘do not steal’ or ‘do not covet,’ as the Ramban learns and they discussed it at length. This is not something that can be written — it is not fitting that it should descend to the level of stone, and if it descends there will be damage in this. One cannot establish it so.
Things That Are Oral You Are Not Permitted to Write Them: A Novelty in Halachah
And it seems to me that there is here a novelty, a novelty in halachah. For there is a thing ‘things that are oral you are not permitted to write them’ (Gittin 60b), which means that there is a level of writing, and the writing itself is a certain permanence; one cannot change the writing of a Sefer Torah. For every week arises a matter of one letter, dalet or heh or alef, about which they have already argued for a thousand years whether to write thus or thus. This is not — the Torah must be precise to the last letter. And therefore it is forbidden to add. ‘Things that are oral you are not permitted to write them’ means that it is forbidden to take seriously the text of the Mishnah as we take the text of the Torah. This is the meaning. People think this is a decree of the verse, and why was it necessary to leave specifically this; rather this is the meaning. There is a boundary, there must be a boundary, how many things descend to writing, and descent to writing means descent to such a physical garment, for in this world everything is physical.
The Beit HaMikdash: One Place of Sanctity
Just as there is a law that the Beit HaMikdash is only in one place — and it too stands in Sefer Devarim — coming from the appreciation of what is the meaning of a physical place that Hashem chose, that was established for the sanctity of the Name, ‘to cause His name to dwell there’ (Devarim 14:23). That is, certainly if we speak in spirituality, if we speak in an abstract way, then the thing is more blurred. And this is not that spirituality and the high levels are blurred; they spread in this world in a blurred way, but they are more abstract, less limited by certain physical boundaries of the level of this world. And everything, as it stands in the verse, ‘in every place where I cause My name to be mentioned’ (Shemot 20:20). Everyone, certainly, has a small sanctuary, everyone in his intention makes a sanctuary in the heart. But if we want and there is a great need and great benefit to take a specific thing and make that there should be here a holy place, a place for Hashem — it must be only one. And the words are very limited, only specifically in this way. And limitation means that the thing will be in a very general way.
The Beit HaMikdash is a general thing. In the Beit HaMikdash, as the Arizal says, thirteen gates, and there they pray in all the nusachot (prayer versions). And the Beit Midrash is the aspect of Torah she’be’al peh, it is not a holy place; this is not the place to which all Israel come to ascend and see the face of Hashem. Certainly whoever comes sees the face of the Shechinah in the Beit Midrash, for the Beit Midrash is a Beit Knesset, and this is done for the sake of the Shechinah, Knesset Yisrael. But if every Beit Knesset makes a different nusach, the matter does not disturb, because the permanence is not placed on the level of the nusach. This is a more blurred thing. But if you make a Beit HaMikdash, you cannot say there that the Beit HaMikdash prays in a certain nusach. In what nusach did they pray in the Beit HaMikdash? In all of them, in whatever they wished. The Beit HaMikdash establishes only the very limited amount of things that can be established in writing. And this is the secret of ‘things that are oral you are not permitted to write them.’
Levels of Permanence: Torah She’be’al Peh, Writing, and the Tablets
And even though they wrote the Torah she’be’al peh, still the Torah she’be’al peh changes much more. Indeed one must be more careful about one who takes every text that stands in some Acharon seriously like a verse in the Chumash; this itself is the prohibition, truly the prohibition of ‘things that are oral you are not permitted to write them.’ And just as there is the matter regarding Torah she’be’al peh within Torah she’bichtav, so there is the matter regarding the tablets in relation to the entire Torah. That is, the words of the general Torah you are not permitted to write them on stone. Indeed they wrote on two stone monuments the entire Torah — but this is an additional level.
There is in this a great dispute among the commentators, whether they wrote the entire Torah from Bereishit until ‘before the eyes of all Israel,’ or perhaps only the list of mitzvot, or perhaps only Mishneh Torah. Something less than the entire Torah they wrote there apparently certainly, for it is very difficult that they should write the entire Torah on stones. But such stones as tablets — only the Ten Commandments are permitted to be written on the tablets, because this is already a greater level of permanence, a greater level of the descent of the thing truly to a physical limb, to a physical boundary, and at such a level there can only be the Ten Commandments.
Return to the Question: Why Does Not the Same Thing Stand in Both Times
Now, after all the introduction to understand what is Torah, and what are the two types of Torah, and what are the tablets, and what are the Ten Commandments, the question becomes very interesting that in the Ten Commandments the same thing does not stand in both times. For it is simple that if it stands twice, its meaning is that in the meantime they repeated it. Perhaps Moshe Rabbeinu himself? One can say that he remembered this again and wrote in prophecy. I do not know, but presumably certainly there was memory. They repeated — Israel repeated throughout all forty years of the wilderness the Ten Commandments, and more, they repeated all the Torah, but the Ten Commandments even more, for this is the thing that was heard from the mouth of the Holy One, blessed be He, Himself at Mount Sinai. And every Jew knew by heart the Ten Commandments. And if a person will say: ah, they wrote them the second time at a later stage, and they
forgot a few words — for an upright Jew does not forget even one word, and certainly such a supreme thing he does not forget.
The Differences Between the Two Versions of the Ten Commandments
A person will say: but the Ibn Ezra claims that there is no difference which word we write, for the essence is the intention. But we just said that the Ten Commandments are not something that is only a matter of intention. The Ten Commandments are something that if it were only a matter of intention, the subject would stand again, and the Ten Commandments would not stand again. It is indeed important that there be the words, and perhaps a certain amount of words, and a certain amount of commandments must be specifically ten — for what would be bad if there were nine, or twelve, or eleven, or thirty? It is not that there must be ten, but that there must be these words. And if so, if a few words stand in a different way, this is truly a wonder. What is the simple meaning that different words stand in a different way?
And I think this is a very good question. Let us explain thus.
The Different Types of Differences
There are several types of differences between the first commandments, standing in Parashat Yitro, and the commandments standing in Va’etchanan. And whoever examines for himself will see different differences, and although they are countless, they can be divided into different categories.
There are differences of one letter. Here it stands ‘lemitzvato’ and here ‘mitzvotav,’ we read “mitzvato” but a vav stands in place of a yud. And another great difference: in the last five commandments it stands here ‘lo tirtzach, lo tin’af, lo tignov’ (Shemot 20), and in Parashat Va’etchanan ‘velo tin’af, velo tignov, velo ta’aneh’ (Devarim 5), with a vav. This is one type of difference, that the letters are different; I remember that there are such small differences.
After that there are things in which an entire word was exchanged. For example, here it stands ‘ed sheker’ (Shemot 20) and here ‘ed shav’ (Devarim 5). Or that an entire word was added, as here it stands ‘lo tachmod beit re’echa’ (Shemot 20) and here ‘lo titaveh’ (Devarim 5). A word was exchanged: the second ‘lo tachmod’ was exchanged for ‘lo titaveh,’ and ‘sadehu’ (Devarim 5) was added, and in the first ‘sadehu’ does not stand. And I saw a nice peshat: because in the second he speaks to the generation entering the Land, who would always have fields, and in the wilderness there were no fields, and therefore it was not necessary to write ‘sadehu.’ A nice understanding. These are small differences, let us say.
Another small difference: here it stands ‘zachor et yom haShabbat’ (Shemot 20), and here ‘shamor et yom haShabbat’ (Devarim 5).
Another type of change is that entire sections are added. This is perhaps the greatest difference: there are entire sections that are added, and sometimes entire sections that are exchanged. For example, it stands ‘shamor et yom haShabbat lekadsho’ (Devarim 5), and besides that ‘zachor’ does not stand, it also stands in Parashat Va’etchanan ‘ka’asher tzivcha Hashem Elokecha’ (Devarim 5). That is, he adds a section to the sentence, that he should do as the Holy One, blessed be He, commanded. And furthermore, the same thing at the end: he adds a bit even in the next verse of Shabbat, and at its end also stands ‘lema’an yanuach avdecha va’amatcha kamocha’ (Devarim 5). That is, after it stands that the servant and maidservant must rest, it stands ‘lema’an,’ and adds like a section of explanation.
And similarly it stands ‘kabed et avicha ve’et imecha’ (Devarim 5), and here too ‘ka’asher tzivcha Hashem Elokecha’ (Devarim 5) — twice that same section was added. And after that it stands ‘lema’an ya’arichun yamecha ulema’an yitav lach’ (Devarim 5), a kind of blessing was added, an additional addition.
One more: like an entire verse that is different. In Parashat Yitro it stands ‘ki sheshet yamim asah Hashem et hashamayim’ (Shemot 20) etc., that therefore there is Shabbat. And in Sefer Devarim stands an entirely different reason for Shabbat, ‘vezacharta ki eved hayita’ (Devarim 5) etc., ‘al ken tzivcha Hashem Elokecha la’asot et yom haShabbat’ (Devarim 5). An entirely different reason. The reason of the six days of creation does not stand at all, but rather the entire new reason of the Exodus from Egypt for Shabbat.
These are the different differences. There are perhaps more differences, small and large, that I did not notice.
How to Weigh the Differences
In any case, small differences like a vav that is not a vav, one can say that perhaps they are not critical, this is not such a great difference. Certainly, in depth one must find an explanation even for this, but it is difficult to begin from there.
Other small differences, that a word is exchanged — ‘shav’ or ‘sheker.’ It is true that there is a law that there is a false oath (shevuat shav) that is different from a lying oath (shevuat sheker). And the same thing, ‘lo tachmod’ and ‘lo titaveh,’ the Rambam rules that they are two different prohibitions, that ‘lo tachmod’ means something else. But according to the peshat one can say that synonyms are not so critical, and still the thing is the same thing. And even if I say that the text must be the same text, nevertheless if a synonym stands, in place of ‘lo tachmod’ stands ‘lo titaveh,’ perhaps one can accept this.
The most difficult thing to accept is when the entire thing is exchanged. In the mitzvah of Shabbat, in the commandment of Shabbat, there stands an entirely different thing, an entirely different reason for Shabbat. For the entire commandment of Shabbat, besides other small differences that exist even in the commandment itself.
These are the observations that we must have when we want to place these two versions of the Ten Commandments opposite each other. And in the words of the Sages we find thus.
The Rambam on the Two Reasons for Shabbat
Thus at least says the Rambam — and one should examine better in the midrashim, perhaps there is a midrash — the Rambam spoke at length about the two reasons for Shabbat that stand, and tried to reconcile them, but not the text but rather the matter: what is truly the peshat, whether Shabbat is a remembrance of the Exodus from Egypt or a remembrance of the work of creation?
In language, if we speak about the language standing in a different way — if there is a contradiction in the matter, this is a greater difficulty. One must understand that this is already a greater difficulty than the difficulty we are speaking about regarding the Ten Commandments, which is the concept of the Ten Commandments that such language stands. It stands differently — I do not know.
The Ramban and the Ibn Ezra: They Guard the Matter and Not the Words
But if I speak about the language, the Ramban says thus in Parashat Yitro, and repeats the same thing, or something like it, in Parashat Va’etchanan, and perhaps a bit differently. For there is one difference that is a difference of a word in total, and about it there is a Gemara — I think the Mechilta and Yerushalmi — that several things, as is the way of our Sages, everything apparently comes from one statement, standing in the Mechilta, and afterward brought in the Gemara and several times in other ways and in midrashim. The Gemara speaks about the fact that it stands ‘zachor’ and ‘shamor’ — once it stands ‘zachor’ and once it stands ‘shamor.’ This is something that the Gemara speaks about.
The Approach of the Ibn Ezra
The Ramban in Parashat Yitro gets angry and argues with Rabbi Avraham Ibn Ezra, because Rabbi Avraham said that he thinks that the Torah is not particular to say the same thing with the same word, as long as the content agrees. And he brings proof and speaks a bit at length about the Ten Commandments. I do not see that the Ramban quotes here the Ibn Ezra, but I remember that this is his intention, and he speaks about this. The Ibn Ezra said at length that we see from this that there are different differences — here ‘shamor,’ here ‘zachor’ — and both mean the same thing, and there is no difference which word we say. The sanctity of the Torah, which he calls lashon hakodesh (the holy tongue), the “Hebrews,” as he says, ‘guard the matter and not the words’ (Ibn Ezra Shemot 20). One must be sensible: the essence is not which word we say, but the content.
The Ramban’s Agreement on the Way of Peshat
The Ramban relates to this — as I thought that he writes explicitly, but I see that he does not write explicitly, but I remember that the commentators explain that his intention is to attack the Ibn Ezra — and the Ramban says that this is very nice, that everything can be good peshat, and he does not disagree that according to the peshat one can say that it is the same thing.
And so indeed in Parashat Va’etchanan he says clearly that according to the way of peshat Moshe Rabbeinu explained. It is difficult for him: what did the Holy One, blessed be He, say? The Ramban says that the Holy One, blessed be He, said, let us say, ‘zachor,’ and Moshe Rabbeinu explained that its meaning is ‘shamor.’ It seems to him that ‘zachor’ is difficult to understand what its meaning is, and this is like an explanation of ‘zachor.’ This is the Ramban’s first peshat in Parashat Va’etchanan. ‘Zachor’ means remember, but remember — what is the meaning that I will remember? Moshe Rabbeinu explains that its meaning is to guard the Shabbat; this is an explanation.
And how does Moshe Rabbeinu change what the Holy One, blessed be He, said? There is no problem with this. And it seems to me that this is simple, that when it stands ‘ka’asher tzivcha Hashem Elokecha,’ the Holy One, blessed be He, did not say this, for the Holy One, blessed be He, does not say ‘ka’asher tzivcha Hashem Elokecha.’ In general, in all the commandments, besides the first two, such languages stand, because this is what Moshe Rabbeinu says in the name of the Holy One, blessed be He. And even here, what he added in Mishneh Torah, is understood, for he says ‘ka’asher tzivcha’ the Holy One, blessed be He; there is no need for additional explanation. He can add such a word, and he does not say ‘the Holy One, blessed be He, says and this is His language,’ but he says clearly ‘ka’asher tzivcha Hashem Elokecha.’ And you understand that this is not the language of the Name but the language of Moshe, who says about what the Holy One, blessed be He, now said, even within the sentence itself. This is one peshat.
The Ramban’s Claim: The Ibn Ezra Did Not Understand the Gemara
And now the Ramban says, that what the Ibn Ezra claims that the Sages said their words casually — that they said ‘zachor and shamor were said in one utterance’ (Mechilta Yitro), and the Ibn Ezra says that this is not correct, because the Torah is not particular about the words — about this the Ramban says: it can be that this is truly the simple meaning of the verse, and he agrees with the Ibn Ezra that one can understand thus. But two things: at the very least the Gemara, and how the Gemara understood the verse, about this the Ramban says that these are empty words.
The language of the Ramban here: ‘And this reasoning will only be heard by one who is not accustomed to the Talmud’ (Ramban Shemot 20). The Ramban says: one who does not know Gemara thinks that the Gemara simply did not know this. The Gemara thought that the verses are precise in every word, and Moshe said this, and there was a difficulty, and the Gemara says an answer that the Holy One, blessed be He, said both. Thus the Ramban learns, and thus the Ramban understood the approach of the Ibn Ezra.
The Two Reasons in Which the Ramban Disagrees
The Ramban says that this is not correct, for two main reasons in which he disagrees with the Ibn Ezra. One: the Ramban says, for we see that the Sages did not ask why here it stands ‘kol temunah’ (Shemot 20) and here ‘vechol temunah’ (Devarim 5), a difference of a vav. We do not see different midrashim about this question. Why? Because we will assume, that about such small differences there is indeed no insistence, and a difference is possible, and it does not disturb that there is one small thing that is different.
And the same thing even in additional things, one can say, that the Sages did not ask even why here it stands ‘ka’asher tzivcha’ and there ‘ka’asher tzivcha’ does not stand, and there it stands ‘lema’an yanuach’ and there ‘lema’an yanuach’ does not stand. And interesting, one should check this better. But thus the Ramban claims: the Sages did not ask about the small differences that mean the same thing. And for our matter as well, that it stands twice in what means the same thing, it does not disturb. Perhaps there is to learn from the addition, if it stands twice, I do not know. Thus says the Ramban.
Thus the Ibn Ezra thought that the Sages who said ‘zachor and shamor’ intended to ask, essentially — and thus I think, that in general the Ibn Ezra learns — they intended to ask in general, not that they spoke specifically about ‘zachor and shamor,’ but they intended to ask in general about what stands in the two commandments in general in an entirely different way, and they answered with the answer ‘one utterance,’ that is, that the Holy One, blessed be He, said both — not only ‘zachor and shamor,’ but all the other changes standing in the two places, even those the Holy One, blessed be He, said in both. Thus Rabbi Avraham Ibn Ezra learns, and about this he disagrees, and says that there is no need to come to this, because according to the peshat it is possible that it is the same content.
The Subject of Zachor and Shamor According to the Ramban: Positive and Negative Commandments
The Ramban says: no. When it stands ‘zachor and shamor,’ they mean ‘zachor and shamor,’ and they do not mean to ask about the entire thing. And what do we do with all the other differences? It appears that in this the Ramban agrees and agrees here, that indeed it is the same thing, and there is no problem with this. But what truly stands here? The Ramban says, first of all, about this he mainly claims that the Ibn Ezra did not understand the words of the Gemara. The claim, the Ramban claims, that ‘zachor and shamor’ mean an entirely different thing.
That is, one cannot say — when it stands ‘shav’ and ‘sheker,’ you can say that perhaps there is a derasha that makes a difference, but according to peshat ‘shav’ means false and ‘sheker’ means false, both the same thing. And when it stands ‘vechol temunah’ and ‘kol temunah,’ ‘velo ta’aneh’ and ‘lo ta’aneh,’ certainly everyone understands that the meaning does not change with a vav, and therefore there is no need to ask the difficulty.
But ‘zachor and shamor,’ the Ramban says, it is true that according to peshat — thus apparently his intention — it is true that according to peshat both can mean the same thing, both mean to guard the Shabbat, and it seems to me that this is indeed the simplest peshat. But according to midrash — not according to halachah, according to Talmud, according to the ways of the Gemara — they are never the same thing. For there is a rule ‘every language of pen and al is only a negative commandment’ (Eruvin 96), and when language of guarding stands — guarding means according to the Sages a negative commandment. That is, a positive commandment means that they should remember the Shabbat, that they should do, that they should not forget the Shabbat, and in a positive way that they should rest on Shabbat. But guarding means a negative commandment, that they should not desecrate the Shabbat.
An entirely new peshat. There stands as it were an obligation — it does not stand ‘do not desecrate the Shabbat’ — but a negative commandment is made not only from the language of ‘do not,’ but also from the language of ‘guard.’ ‘Guard the Shabbat day’ means: beware of desecrating the Shabbat, ‘to sanctify it,’ that you should sanctify it. And its negative side: beware of desecrating the Shabbat, and this is what the word ‘shamor’ seeks to say.
And if so, that we do not ask about the other difficulty — when the Sages say ‘zachor and shamor,’ they ask as it were a difficulty, why here it stands ‘zachor and shamor.’ They do not mean to ask why there stands a difference of a word, for a difference of a word does not disturb; why did they not ask about all the other words? Rather they mean to ask that one cannot exchange a positive commandment with a negative commandment — this is an entirely different thing.
One cannot that Moshe Rabbeinu should explain. Let us say, as the Ibn Ezra says, that the second time Moshe Rabbeinu explained — he explained, it was easier for him to explain, ‘ka’asher tzivcha’ he explained, you did not understand, or perhaps even the reason for Shabbat, that Moshe Rabbeinu explained somehow that the same thing standing ‘ki sheshet yamim’ can be explained also ‘ki eved hayita beMitzrayim’ — good, an explanation. Moshe Rabbeinu is permitted to say explanations and not to say only the language. But to exchange the halachah? Moshe Rabbeinu cannot exchange the halachah, he cannot exchange a mitzvah from a positive commandment to a negative commandment, these are two different things. This was the difficulty.
The Answer: They Were Said in One Utterance
And about this indeed the Sages answered the answer — as the Ibn Ezra understands — that the Holy One, blessed be He, can say both. This is the Sages’ answer, as brought in the Gemara in Rosh Hashanah. The Gemara discusses whether a person can hear two voices at once. The Gemara says: no, it stands ‘zachor and shamor,’ ‘what the mouth cannot speak and what the ear cannot hear’ (Rosh Hashanah 27). That is, the Holy One, blessed be He, can say two things at once. The Holy One, blessed be He, indeed said at the same moment truly ‘zachor and shamor in one utterance’ (Mechilta Yitro). And if people could not hear this — indeed so, and therefore in the Torah, when we hear, the thing stands separately, once ‘zachor’ and once ‘shamor,’ because we cannot do both at once. It is impossible that there should stand in the Torah the word ‘zachor shamor’ at once truly. And even a person cannot hear. Two people, one says ‘zachor’ and one says ‘shamor,’ we do not hear either of them; unless it is beloved, perhaps one can hear one of them, but both certainly one cannot hear. And thus it comes out apparently in the peshat in Megillah, that therefore ‘two voices are not heard’ (Megillah 21), as the Gemara learns: two voices we do not hear, for we hear only one of them.
The Holy One, blessed be He, can both hear and speak. For the Holy One, blessed be He, there is not this problem; for people there is the problem. This is the answer to the difficulty, the difficulty of the contradiction: which did the Holy One, blessed be He, say, a positive commandment or a negative commandment? He said both. And therefore Moshe Rabbeinu always said this, and always said this.
What Stood on the Tablets?
The Ramban asks: and what stood on the tablets? Did there stand on the tablets a positive commandment or a negative commandment? The Ramban says, according to what I learn in the Ramban, it is possible that both stood. Indeed so, both stood on the tablets.
Thus the Ramban says here in Parashat Yitro, and asks a difficulty: if the Holy One, blessed be He, also said ‘shamor’ — and all the other changes the Holy One, blessed be He, said, those that stand in Yitro — if the Holy One, blessed be He, also said ‘shamor,’ why did it not stand on the tablets? And he says, and at first he thought perhaps that in Va’etchanan stands the text that was on the second tablets, and there indeed ‘shamor’ stood; he sees that this is one side. But afterward he says, that his intention is that perhaps on one tablet ‘zachor’ stood, and ‘shamor’ was Torah she’be’al peh; ‘shamor’ did not stand on the tablets. ‘Shamor’ Moshe Rabbeinu said orally to Israel, that the Holy One, blessed be He, also said ‘shamor.’ He knew. How did he know? I do not know. Perhaps a prophet can also somehow hear both at once? I do not know how he could hear, but people could not hear. He told us that the Holy One, blessed be He, also says ‘shamor,’ and this he said, and perhaps even wrote the second time, but essentially on the tablets only ‘zachor’ stood.
In any case, this is what the Ramban understands, and all the other things indeed not. This is the difference: here there is a difference of positive and negative commandments. This is the subject of zachor and shamor, not as the Ibn Ezra thinks. That is, not that they asked a difficulty about the change — change does not disturb, as the Ibn Ezra himself says — but a change of meaning disturbs. When a second meaning stands, when there stands here a mitzvah that is a negative commandment, one must reconcile. This is the Ramban’s dispute with the Ibn Ezra regarding the subject of zachor and shamor.
The Source of the Midrash and the List of One Utterance
Now, as I already mentioned in the previous shiur (as we explained in the previous shiur and this is not its place), and with this we will arrive at the Ramban’s secret — the Gemara quotes here essentially the Mechilta. The Mechilta is from the Tannaim, always earlier than the Gemara. The Gemara quotes here the Mechilta. The same thing also stands in the Sifrei, in the midrash of the Tannaim, and even there such a version of the Sifrei or the like, the same thing stands, and also in Va’etchanan, and so here in Parashat Ki Teitzei, in this week’s parasha, in the Sifrei that same derasha is brought, and always similar derashot, and it stands thus: ‘both were said in one utterance’ (Mechilta).
In the Sifrei or in the Mechilta there is a list of things that the Holy One, blessed be He, said in one utterance. One is ‘zachor and shamor,’ which we already learned. Two stands in Shabbat: ‘its desecrator shall surely be put to death’ (Shemot 31), and it also stands ‘and on the Shabbat day two lambs’ (Bamidbar 28), which means that one must offer on Shabbat. Three: ‘the nakedness of your brother’s wife you shall not uncover’ (Vayikra 18), and it stands ‘her brother-in-law shall come upon her’ (Devarim 25). Four: ‘every daughter who inherits an inheritance’ (Bamidbar 36), and afterward it stands ‘and no inheritance shall transfer from tribe to tribe’ (Bamidbar 36), that is, for a daughter there is a different law.
The Contradiction Is the Original Subject of the Midrash
It comes out that the midrash, the original midrash that the Gemara learns from it simply — for one of the things standing here is ‘zachor and shamor’ — but the original midrash intended here to say that there are many things that contradict each other. We see clearly at least from the Ramban, that apparently the main matter of zachor and shamor is indeed that there is a certain contradiction between them, and not simply that different language stands. This is the subject of the midrash.
And also the Gemara’s subject, when the Gemara speaks in ‘two voices are not heard,’ its subject is simply whether it is possible to hear two things, and there is no difference whether it is a contradiction or not. But the subject of the original midrash was that there is a contradiction between ‘zachor’ and ‘shamor.’ Or, and perhaps the midrash also intended to say, that the contradiction of zachor and shamor is the contradiction of ‘and from the positive you hear the negative,’ that ‘and on the Shabbat day two lambs.’ That is, because the midrash understood that ‘shamor’ means not to do work, and ‘zachor’ means to remember — perhaps like to sanctify the Shabbat in a positive way in certain things, for example that they should offer musaf for Shabbat — this is a contradiction: how is it possible to offer musaf Shabbat if this is desecration of Shabbat? And about this the answer that ‘zachor and shamor were said in one utterance,’ that a person cannot say, but the Holy One, blessed be He, can say, ‘God spoke one thing, two things I heard’ (Tehillim 62), that the Holy One, blessed be He, can say two things at once.
The Innovation: Contradiction in One Utterance
In other words, we understand that there stands here in the midrash a thing of glory: not only that the Holy One, blessed be He, can say — this is not such a great innovation, for even two people can say two things at once. One person cannot, but two people can; one person cannot hear, but two people can hear. No, this is a new thing: the Holy One, blessed be He, can say two things that are a contradiction at once. This is already an entirely different understanding.
Understood, a contradiction — and we will come to the entire question whether the Holy One, blessed be He, can make logical contradictions, a contradiction in the matter. If we take it absolutely, this is not truly a contradiction. There is here an exception, not absolute, which is in the category of an exception in the service. The same thing Shabbat in the Mikdash, there is in it an exception or overriding. In a general way a person would not hear thus, a person would think absolutely: either thus or thus. With the Holy One, blessed be He, it can be that both are at once.
The Ramban’s Secret: Zachor and Shamor, Tiferet and Malchut
This is the midrash according to derash, and I am certain that upon this midrash is built the next passage of the Ramban. For the Ramban says that Rabbi Nechunya ben HaKanah in his midrash explained a great secret regarding the subject of zachor and shamor.
The Attribute of Day and the Attribute of Night
And the Ramban does not truly quote the text, but explains that zachor and shamor are connected to the attribute of day and the attribute of night: remembering is by day, guarding at night. And therefore we say ‘Bo’i Kallah’ (Come, bride) on the night of Shabbat, for the bride — the night of Shabbat is called bride, the aspect of night, the aspect of shamor. That is, Knesset Yisrael called bride, like ‘bride’ in Shir HaShirim and in other places, or queen.
And the sanctification of the day is called Kiddush Rabbah according to peshat. Thus the Ramban learns about zachor and shamor in brief. Why Kiddush Rabbah? According to peshat, because this is the language of sagi nahor (euphemism), that it is a smaller kiddush, for at night is the main mitzvah of ‘remember the Shabbat day to sanctify it,’ for the day is only rabbinic. The Ramban says: no, for in truth it is greater. According to Kabbalah — and so also halachah — the sanctity of day is superior, it is the great sanctity. That is, the ‘zachor,’ the attribute of Tiferet, is the great one.
The Connection Between the Contradiction and the Two Attributes
And he explains, now the Ramban comes and says: and truth, do not think that what I said before, that the contradiction that the Sages speak about is not according to the opinion of the Ibn Ezra in language but in content, in positive commandments and negative commandments — that it has only a small connection with the midrash that Rabbi Nechunya ben HaKanah arranged, which says that these are the two attributes called Tiferet and Malchut. Rather in truth they are connected, because the midrash indeed intends the contradiction of positive and negative commandments.
Why? Because the attribute of ‘zachor,’ the attribute of Tiferet, is connected to positive commandments, and comes from the attribute of love, and it is the attribute of mercy, and Tiferet comes from Chesed, and it is the measure of the attribute of mercy. And why does it have a connection to positive commandments? The attribute of Tiferet makes a person who loves his master, who loves the Holy One, blessed be He, and therefore the Holy One, blessed be He, has mercy on him, for there is here love and mercy.
And ‘shamor’ — there is in it negative commandments, and it is from the attribute of judgment, comes from the attribute of fear, that is, because the attribute of judgment, Malchut, draws from Gevurah. Why? Because one who guards from bad things with his master — its meaning is that he fears him.
Why Love Is Greater Than Fear
And the Ramban says, that therefore positive commandments are greater than negative commandments, just as love is greater than fear. Why? Because one who does and fulfills with his body, does things that his master loves, he is greater than one who only guards from doing evil to him, which is neutral.
That is, and it seems to me that this is the simple peshat: one only does not do evil — good, but even the good you are not doing. One does not truly love his fellow, but only does not do evil to him. Even a hater does specifically the evil; one who simply does not want to quarrel with you does not do what is hateful to you. One who truly loves you — perhaps there is in him a bit of fear, or a bit of fear that belongs to everyone, not to quarrel simply with someone, that he fears to quarrel with me — but one who truly does what you love, this is already love. He does, troubles himself, says with his body, troubles himself to do something that I love. This means that he loves me.
Positive Overrides Negative and the Punishment of Negative
And therefore the Ramban explains that positive overrides negative. This is the reason that positive overrides negative. Why? Because love is greater than fear.
The Ramban says, that therefore there is a greater punishment in negative commandments. Why? Because one who transgresses a negative commandment — and I will explain it — he is truly like a hater, goes against what the Holy One, blessed be He, wants. One who does not do a positive commandment, good, he did not do the extra thing of love, and one cannot come to him with great claims. But one who did not fulfill a negative commandment, he indeed did something, in a positive way he did directly something that is hateful to the Holy One, blessed be He, and for this he receives a greater punishment. Thus far the words of the Ramban in Parashat Yitro.
What Do We Learn from the Ram
What Do We Learn from the Ramban
What do we understand? I see that there is more to expand on this, but we have now learned only the foundations of the subject, and we still need to return and expand and connect all the matters (and we will yet explain with God’s help and this is not its place). But what do we learn now from this passage of the Ramban?
What we learn — and it is very important to grasp this — returning to what we learn in the Torah: the Torah that we fulfill is positive commandments and negative commandments. Let us speak about Shabbat: we do not do work, but Shabbat is also made.
Shabbat: A Unity of Positive and Negative
Shabbat is an interesting thing, for the Gemara says: what is the practical difference that ‘zachor and shamor were said in one utterance’? That even a woman — very interesting, this is that same attribute of shamor, and we see clearly that it is connected in the hint of Kabbalah — even a woman is obligated in kiddush Shabbat. Why? Because ‘whoever is in remembering is in guarding’ (Berachot 20). Because in Shabbat there is like a unity of positive and negative.
Shabbat — how do we make it? Through non-doing. It is true that one can do, there are certain things that we indeed do, in a positive way, a positive commandment to make kiddush. But even the kiddush — we sanctify and speak in it that on Shabbat we rest. This is not something we do, but like a doing of non-doing. But here positive and negative are joined together. One can speak about this in depth, how in Shabbat the resting itself is also something we do, but this is sufficient.
Why Women Are Obligated in Shamor
And therefore, women, who belong essentially to negative commandments — therefore a positive commandment only applies to a man, a male, a free person, who is obligated to fulfill the obligation, because he is a special level. But when this is a negative commandment, it is forbidden for everyone to do, except when the matter does not apply, like one who has authority and the like. The things that are hateful to the Holy One, blessed be He — it is forbidden even for a woman to do, and even for a servant, even for a Canaanite servant it is forbidden to do, because this is against Him. From this one receives a greater punishment, this is more severe. A positive commandment is a different thing.
In Practice: We Do Not Raise This Sufficiently
But what comes out — returning to what I ask to say — the first thing, in practice, in practice we do not raise this sufficiently. And it seems to me that we indeed live thus, but we do not recognize sufficiently in reality, in the light, and all the secrets are built upon the reality that the Ramban explains.
When we go in a regular way to cheder, we say: what is a Jew? A Jew must do 613 mitzvot. 613 mitzvot clearly: positive and negative, both the same thing, one must do 613 mitzvot, and there is no problem. But one must understand that this is not correct. The Holy One, blessed be He, commanded do not do — this is not the same as do. What is the difference? He commanded do, He commanded do not do, He commanded both? No, there is a great difference.
When we do — there are things that the Holy One, blessed be He, says: please, I love this, do this. And there are things that the Holy One, blessed be He, says: this I hate, this is dangerous, do not do this.
One Who Does Only from Fear
And in the most general way, one who does only from fear, in other words, one who is only in the aspect of negative commandments, who only fears that the Holy One, blessed be He, will not be angry with him — for him indeed there is no difference between positive commandments and negative commandments, both he feels the same thing, and he does not understand.
There is a rule, positive overrides negative. He will say: good, thus is the halachah, a decree of the verse. But one who understands the meaning — and it seems to me that already the very understanding of what we learned, understanding the difference, the first difference that one must understand among the mitzvot is the difference between positive commandments and negative commandments, a great difference — understands that he feels entirely differently, that this is an entirely different level, that it connects with the Holy One, blessed be He, in a different way. Not all mitzvot connect with the Holy One, blessed be He, in the same form.
In the most general way, a woman, shamor, they think that everything is the same thing. But a male knows that this is not so. Positive commandments are an entirely different type of thing.
To Do a Positive Commandment One Must Be Worthy
To do a positive commandment one must be worthy. As it stands in the Mishnah in Sukkah, that there are mitzvot that the Holy One, blessed be He, does not want. It says: ‘as if this son of ours came and wrote to his master and poured a pitcher on his face’ (Sukkah 29a). What is the meaning? For I am doing a mitzvah! The Holy One, blessed be He, does not want your mitzvot.
There is no such thing that the Holy One, blessed be He, does evil to someone with a mitzvah — with a transgression, yes, because He does not want his negative commandment. For a negative commandment means that the Holy One, blessed be He, does not want the thing to happen. But a positive commandment is a certain service. Every positive commandment is a certain connection, and as we see there in Sukkah, it is a certain service. We give something to the Holy One, blessed be He, we do something that the Holy One, blessed be He, loves.
Positive Commandments Come from Love
This is an entirely different thing. One can say that there is in this a certain concretization, we look as he says ‘one who loves his master,’ all these differences, but one must begin to feel the difference. Positive commandments are very different from negative commandments.
And in this, I say, therefore most of Kabbalah speaks from positive commandments. There are places, when Shabbat or Pesach arrives, ‘He made equal man and woman,’ where there is in them a unity between positive and negative, and then one can speak from negative commandments. But the main mitzvot that are spoken about according to Kabbalah are positive commandments. Why? Because this is truly a higher level, that comes from love. Negative commandments come from fear — an entirely different type of thing, two different types of things.
Summary: Zachor and Shamor in One Utterance
Until here we learned the introduction what is Torah, and what are the two Torahs and Mishneh Torah, and what are the two tablets, and what is the difference between positive and negative, that this is truly the meaning of ‘zachor and shamor in one utterance.’
This is what the midrash seeks to say: that even though these are two different things, nevertheless both first of all connect in Shabbat. Very important. Not simply that all positive commandments and negative commandments are the same thing, but they connect; in Shabbat they connect together.
In Shabbat We Arrive at the Holy One, Blessed Be He
But from here we also learn that with the Holy One, blessed be He, they connect together. In Shabbat we arrive at the Holy One, blessed be He. In Shabbat the Jew feels more with the Holy One, blessed be He.
That is, as we said, from the side of a person’s relationship to the Holy One, blessed be He, there is a difference — you do Him a favor, and you do not do something He does not love. But with the Holy One, blessed be He, Himself, that is, the good that the Holy One, blessed be He, is, the truth that the Holy One, blessed be He, is, there is no true difference between the two things. This one must understand much better, and we have not understood it now.
And in Shabbat we arrive at this perspective. This is the secret of ‘zachor and shamor in one utterance.’
📝 Full Transcript
Zachor and Shamor: The Secret of Positive and Negative Commandments in the Tablets
Beginning of the Discourse: Zachor and Shamor and the Two Types of Mitzvos
Rabbosai, we have seen that we need to start again from the discourse called zachor and shamor. I want to repeat the beginning of the discourse from the start, from the point of what is the plain meaning of shamor and zachor, what is the secret of it, and on this we will try to go further, to understand that there are two types of mitzvos, positive and negative commandments. What is the content, the inner meaning, the significance of this thing? And it is expressed through the exposition of zachor and shamor b’dibur echad ne’emru (remember and observe were said in one utterance). One must explain the context and prove the matter.
The Torah: Objective Narrator and Mishneh Torah
The First Great Revelation: Matan Torah
Everyone knows that the first great revelation of the Torah is this: the Almighty descended upon Mount Sinai and gave the Jews Torah and mitzvos. V’ga’altacha malkenu al Har Sinai lilmod l’amcha Torah u’mitzvos (And You redeemed us, our King, at Mount Sinai to teach Your people Torah and mitzvos). The Almighty proclaimed to all the Jews, through Moshe, the Ten Commandments, the Aseres HaDibros, asher diber Hashem aleichem bahar mitoch ha’eish (which Hashem spoke to you on the mountain from the midst of the fire).
The Ten Commandments appear twice in the Torah. Once directly in the narrative in Sefer Shemos, Parshas Yisro, and a second time when Moshe told the Jews in one of his discourses in Sefer Mishneh Torah, which is the devarim asher diber Moshe (the words that Moshe spoke). One must emphasize: Moshe Rabbeinu is speaking to the Jews.
The Perspective of the Torah: Objective Narrator
We have the previous step, like Sefer Shemos, where the Torah writes objectively. As the Ramban explains in his introduction, that the Torah doesn’t write “amar Moshe Hashem amar li kach v’kach” (Moshe said, Hashem told me thus and so), rather the narrative that occurred is written objectively, what is sometimes called in literature “God’s eye view.” The narrative is written not from the perspective of a certain person, not from Moshe, not from Pharaoh, not from the Jews, but as it is. Although Moshe Rabbeinu is the author of the Torah, he doesn’t write from his perspective, but as it is.
Until we come to Sefer Devarim. The “eileh hadevarim asher diber Moshe” (these are the words that Moshe spoke) (Devarim 1:1), clearly states a chapter, that these are the words that Moshe spoke. And then one indeed hears how Moshe Rabbeinu said: I said, I went, I heard. But even there there is a framework of a narrator, as the Ramban explains in his introduction to Mishneh Torah, that there is no contradiction. Who writes “eileh hadevarim asher diber Moshe”? It doesn’t say “amar Moshe ani Moshe kosev es hadevarim shediberti” (Moshe said, I Moshe am writing the words that I spoke). The plain meaning is that it is a continuation of the same order—he speaks as an objective narrator who relates, but internally he says that Moshe Rabbeinu said.
The truth, as the Ramban notes, there are such passages already in the earlier Torah—”vayomer Moshe l’Hashem” (and Moshe said to Hashem), and the Almighty said to Moshe. The novelty of Mishneh Torah is mainly that the discourses that one hears from the mouth of Moshe are very long and detailed, as Moshe Rabbeinu spoke them to the Jews in his time.
End of the Torah: Back to the Objective Order
Until we come to the end of Mishneh Torah. When we come to Parshas Vayeilech, the very end of the Torah, the portion of the death of Moshe, the Torah goes back to the normal order. It is no longer in the category of Mishneh Torah. It speaks about the Torah, as it says “lekachas es sefer haTorah hazeh” (to take this book of the Torah) (Devarim 31:26)—there is already a Torah, the main Torah, Mishneh Torah, is what is written earlier, and then it goes back to the normal order.
The Question of the Eight Verses
There arises the question of the eight verses at the end of the Torah, which as the Ibn Ezra already noted, one can extend the question to a few portions earlier. It speaks about Moshe’s death, just as it spoke about Moshe’s birth. It is not Moshe speaking from his perspective, it is the Torah’s perspective, and therefore there arises an inquiry who wrote it. Who wrote it is a historical question, but I believe that is not the true question of the Gemara.
It is more a question of how one understands the portions differently, that the narrative is somewhat different from the entire Torah, because here one sees clearly that one cannot call it Moshe—Moshe is no longer alive. But essentially it goes back to the entire Torah: just as the Torah can write from before Moshe was born, from Bereishis until Shemos, and Moshe didn’t remember how he himself was born and was placed in a basket—all this Moshe writes k’mefi haGevurah (as from the mouth of the Almighty), in a Divine, objective way. The same thing, the end of the Torah goes back.
The Midas HaMalchus and the Level of Torah
The midas hamalchus (attribute of kingship) means when a person speaks from his personality, he says ani (I), ani omer (I say), he represents and conveys reality. The Torah is as it were even prior to reality. When we say that the Torah is mefi haGevurah (from the mouth of the Almighty), that it is a Divine thing, it doesn’t mean that it is written from the midas hamalchus of the Almighty, not from the Almighty’s personality, because it speaks about the Almighty Himself—the Almighty Himself is a character in the Torah. “Bereishis bara Elokim” (In the beginning God created) (Bereishis 1:1) is not really the Almighty’s view, because it speaks about the Almighty. It doesn’t even say “ani Hashem” (I am Hashem). The Torah is as it were a greater thing—one cannot say greater than the Almighty, because the Almighty includes all of reality, but it is greater than what we would call “ani Hashem,” the Almighty as He presents Himself as an ani. The Torah begins before that. These are deep secrets, but I am laying it out in simple terms.
The Death of Moshe and the Secret of Vayamas Sham Moshe
When we come to Sefer Devarim there is length of Moshe’s personality—that is the meaning of Mishneh Torah—and it goes back “vayamas sham Moshe” (and Moshe died there) (Devarim 34:5) according to all opinions. This is actually itself the secret of the death of Moshe.
There are those who say that Yehoshua wrote it, but I think that according to all opinions this is different. As the Gemara says, even according to the one who says that Moshe himself wrote it, it is changed. And conversely: even the one who says that Yehoshua bin Nun wrote it, doesn’t mean that it is not part of Toras Moshe—the Chumash is called Toras Moshe. It only means that the moment Moshe was already concealed, it already says “vayamas sham Moshe,” there is already a place for Yehoshua. We don’t believe that it is really a historical proof—one can challenge the proof, it is a weak proof. It means more to bring out the significance, how it looks from the insight of the Torah.
The Luchos: The Form of the Torah and the Holiness of an Object
The Root of the Torah
Why is this entire introduction said? Because it is important to go back to what we said last week, that the root of the Torah, the thing that Jews celebrate on Shavuos. Yom Kippur is a yom shenisnu bo luchos shniyos (day on which the second tablets were given), also a dimension of matan Torah, and the entire month of Elul is a preparation, because it revolves around the forty days before Yom Kippur, when Moshe went up the mountain and received the Torah. The shortest version of this is the Aseres HaDibros that all Jews heard. This the Almighty wrote on the luchos. There is more Torah that He taught in the forty days, which is already all explanations and elaborations on the Aseres HaDibros. But this is the greatest order of the Torah that we received.
The Order and Form of the Torah: Aseres HaDibros
Just as 613 mitzvos is a midrash, it says in the Gemara, Rabbi Simlai said, there is no clear verse, and the Torah calls the mitzvos by different names. But if one wants to find a root of a list in the Torah, one, two, three, certainly the greatest list is the Aseres HaDibros. This is the order, the form of the Torah. Everyone understands that understanding means making order, having a form—a person who is confused and has no order, doesn’t understand. The form of the Torah that stands in the portion of the Torah is Aseres HaDibros. This is the first form He gives to the Torah, and from this comes out 613 mitzvos and thousands more branches, and the customs that all go as additions and adornments on this.
The Luchos: A Davar HaMiskayeim
The Aseres HaDibros are written on the luchos. Luchos is a thing that one sees, it remains fixed and established, charus al haluchos (engraved on the tablets) (Shemos 32:16), hamichtav michtav Elokim hu charus al haluchos (the writing was the writing of God, engraved on the tablets) (Shemos 32:16).
It is also a davar hamiskayeim (something that endures). Not like speech, that I speak with you, you can hear it, but you must remember it, it remains only in memory. But written becomes a substance—you don’t even need to remember it. It becomes what is called a monument, vayatzev lo sham yad (and he set up there a monument) (Shmuel I 15:12). It becomes a tangible reality in the world. It is not just that one must be able to remember the Torah—it is officially deeper than that. The Torah actually descended, what is called hislabshus bigashmiyus (embodiment in physicality)—in the world there is a stone on which the Torah is engraved.
The Mitzvah of Writing a Sefer Torah
The truth, about this there is also the mitzvah of writing a sefer Torah, which is stated at the end of Devarim, kisvu lachem es hashira hazos (write for yourselves this song) (Devarim 31:19). We read every Shabbos in shul from a written sefer Torah that a sofer wrote with his hands on parchment, with all the laws and details. And one takes out the Torah and kisses it and shows it around. This is not just a way to remember the Torah.
What is the proof? There is Torah she’be’al peh (Oral Torah), which one can remember without this—for thousands of years it survived. The Torah is not something that must be written down; one can remember it.
Why Write It: A Point of Permanence
Rather why write it? There is a point of permanence. Not literally that it shouldn’t become lost, because one can remember, but what it means deeper is that it becomes a cheftza (object). Now it is a thing that one cannot so easily tear apart. Moshe broke the luchos—meaning, there remains Torah she’be’al peh, as it says in the Gemara: hearing and understanding one can always. When the luchos were broken, the kol (voice) was not broken; the kol gadol v’lo yasaf (great voice that did not cease) was not broken, but the kesav (writing) was broken. But on the other hand, kesav has a strength—it has already come out in substance, it is an object that one can see.
“Ein ba’aron rak shnei luchos” (there is nothing in the ark except the two tablets) (Melachim I 8:9). These are the luchos ha’edus (tablets of testimony) that the Jews could see from time to time, when the ark was opened. It came out in physical form. This is truly the special service of writing a sefer Torah.
The Gemara says, every Jew must write himself a sefer Torah. There are poskim who say that it means mainly in order to learn, the Rosh says that in modern times the main mitzvah is to buy books, but we don’t rule entirely that way. There is a great matter in writing the Torah, and if a person can write it himself, certainly with this one brings it down. Just as one writes chiddushei Torah (Torah novellae), or as one prints, one makes a substance of it. Today everything is on computer, and one must be precise what kind of substance the computer has—not such substance as a written thing. There is still always a great matter of writing.
The Three Levels of the Luchos
The luchos is both the list, and the thing that was heard, and the thing that is written down, that one can see and touch. Every Jew must have something in the category of the luchos. Everyone puts on tefillin every day, in which are written certain principles corresponding to the Aseres HaDibros. We have a mezuzah, we have a sefer Torah that we take out on Shabbos or Monday and Thursday.
It is a tremendous light. The Arizal had many kavanos (intentions) on grasping and kissing the sefer Torah, on placing a crown and the rimonim (finials) on the Torah, and the customs of how one adorns the sefer Torah. Like the building of the Mishkan, it is a mitzvah to make a physical object, to take away from the person the burden that he must always be conscious and always remember himself. “Uchesavtam al mezuzos beisecha uvish’arecha” (and you shall write them on the doorposts of your house and on your gates) (Devarim 6:9)—it lies by your door, you don’t need to remember. It is a device to remember even when you don’t remember. It is a great virtue of kedushas chefetz (holiness of an object), it speaks to the person very strongly. And this is the luchos, which have all the levels.
The Question: Why Do the Aseres HaDibros Appear Twice Differently
In Both Luchos Stand the Luchos: A Secret
In the two luchos, and in the two ways that the Torah is written, in both stand the luchos. This is itself a secret. Not every thing is repeated. Not every mitzvah appears both in Sefer Shemos or Vayikra Bamidbar, and also in Sefer Devarim. There are many mitzvos that appear only in one of them. The Ramban has throughout Sefer Devarim various theories to explain which and what. And certainly not the same language—the Almighty told the mitzvos to Moshe Rabbeinu with languages, “vayedaber Hashem el Moshe leimor” (and Hashem spoke to Moshe saying) (Vayikra 1:1), “adam ki yakriv mikem korban” (when a man from among you brings an offering) (Vayikra 1:2), but very few portions appear with the same order, and certainly with the same language, almost word for word. Of those that appear again, is the Aseres HaDibros.
From this alone one can see how important it is. Not the idea of the Aseres HaDibros—the idea appears in the entire Torah: lo signov (you shall not steal), lo sirtzach (you shall not murder), Anochi Hashem (I am Hashem), lo sisa (you shall not take in vain). Kechol hayotzei mipiv ya’aseh (according to all that comes out of his mouth he shall do) (Bamidbar 30:3) is similar to lo sisa es sheim Hashem lashav (you shall not take the name of Hashem in vain) (Shemos 20:7). Motza sefasecha tishmor v’asisa ka’asher nadarta (that which has gone out of your lips you shall keep and do as you have vowed) (Devarim 23:24)—all languages that have to do with lo sisa. Shabbos certainly appears dozens of times. This is not the novelty that it appears repeated.
But that the language should appear, Anochi Hashem Elokecha (I am Hashem your God) (Shemos 20:2), until v’chol asher l’re’echa (and all that belongs to your neighbor) (Shemos 20:14), such a long portion of ten statements, more than ten verses according to the lower cantillation, which is written literally copied word for word—is the only thing, Aseres HaDibros. The Chachamim had a bit of an argument, that they didn’t want people to say Krias Shema, people will think that is the entire Torah. It is a very important part of the Torah, as the form of the Torah, as the order of the Torah, because this is the thing that the Torah copied in the same order, in the same words.
The Language That Is Important: Shana HaKasuv Le’akev
There are other things that are important—the Torah speaks very many times about the law of idolatry. The content of the matter is important, but each time it appears in a different language. There is such a law, shana hakasuv le’akev (the verse repeated to make stringent), or a prohibition that comes from two prohibitions, which the Rambam learns means not that one receives lashes twice, but that it is more important. Here the language is the thing that is important. That which is written on the stones has already become fixed, so strongly defined on the language—this is the Aseres HaDibros.
The Aseres HaDibros Are General Matters
In this there is like a tzimtzum (contraction). One will say, the main thing is not the language, one must sometimes change according to the place, according to the time, according to the person. Therefore precisely for this the Aseres HaDibros are very general matters. The most detailed thing that appears in Aseres HaDibros is the mitzvah of Shabbos: “yom hashvi’i tishbos” (on the seventh day you shall rest) (Shemos 23:12)—the seventh day of every week. Everything else: “kabed es avicha v’es imecha” (honor your father and your mother) (Shemos 20:12)—what does honor mean? The Gemara will say what kavod (honor) means, what mora (fear) means, but in the Aseres HaDibros it doesn’t say. What does “lo sirtzach” (you shall not murder) (Shemos 20:13) mean? Whom? How? What is intentional and unintentional? It appears in other portions, but no details. Only the most general matter appears—”this can be written in stone.” “Lo sirtzach.”
Laws one cannot write on a stone. Each time the law appears in the Torah a bit differently, because there are so many situations that one must learn an entire Rambam Hilchos Retzicha to know the laws of “lo sirtzach.” “Lo signov” is an entire Choshen Mishpat. “Lo sachmod” (you shall not covet), as the Ramban learns, is not something that can be written on a stone. It doesn’t belong to come down to the level of a stone, and if one brings it down there will be a problem—one cannot fix it so.
Devarim She’be’al Peh I Atah Rashai Lechosvan
There is a halachic novelty here. Just as there is a thing, “devarim she’be’al peh i atah rashai lechosvan” (matters of the Oral Torah you are not permitted to write them) (Gittin 60b). It means that there is a level of writing, and writing itself is a certain permanence. One cannot change the writing of the sefer Torah—there is one letter, a dalet with a hei or an alef, which has been debated for a thousand years whether one must write this way or that way. The Torah must be exact to the last letter, and about this one may not add. “Devarim she’be’al peh i atah rashai lechosvan” means, one may not take as seriously the text of the Mishnah as one takes the text of the Torah. There is a limit to how many things are written down, and written down means coming down in such a physical garment, because in this world physical is included.
The Beis HaMikdash: One Place of Holiness
Just as there is a halacha, which also appears in Sefer Devarim, that the Beit Hamikdash exists in only one place, “asher yishkon et shemo sham” (Devarim 14:23). If we speak spiritually, in an abstract manner, then everything is “bechol makom asher azkir et shemi” (Shemot 20:21). The higher levels are more abstract, less defined by physical boundaries. Each person makes a mishkan in their heart. But if you want to take one specific thing, to make there be a holy place, a place for Hashem, it must be only one, and the words are very restrictive, precisely in that manner. And restrictive means it will be in a very general way.
The Beit Hamikdash is a general thing — as the Arizal says, there are thirteen gates, where all nuscha’ot (prayer versions) are prayed. A beit midrash is an aspect of Torah she’be’al peh (Oral Torah), it’s not a holy place in that way; everyone who comes sees the face of the Shechina in the beit midrash, when the beit midrash is a gathering. But if each shul makes a different nusach, it doesn’t matter, because the establishment doesn’t lie on the level of the nusach. In the Beit Hamikdash — which nusach did they pray? All of them, whichever one wanted. The Beit Hamikdash establishes only the very limited amount of things that can be established in writing. This is the secret of “devarim shebe’al peh i ata rashai lechotvan” (oral matters you are not permitted to write).
The Levels of Establishment
Even though we have written Torah she’be’al peh, the Torah she’be’al peh is still much more variable. One must pay more attention to those who take every nusach that appears in some Acharon as seriously as a verse in Chumash — this is the prohibition of devarim shebe’al peh i ata rashai lechotvan. And just as regarding Torah she’be’al peh and Torah shebichtav (Written Torah), so too regarding the Luchot (Tablets) versus the entire Torah: divrei she’ar haTorah i ata rashai lechotvan al ha’even (the words of the rest of the Torah you are not permitted to write on stone).
We have a great dispute among commentators, whether they wrote the entire Torah from Bereishit to le’einei kol Yisrael, or perhaps only the list of mitzvot, perhaps only Mishneh Torah. Precisely something less than the entire Torah they apparently certainly wrote there, because it’s very difficult to write the entire Torah on stones. But stones like the Luchot — only the Aseret HaDibrot (Ten Commandments) may be written on the Luchot, because that is an even greater level of establishment, an even greater level of bringing the thing down literally into a physical boundary, which only the Aseret HaDibrot can be on such a level.
Why It Doesn’t Say the Same Thing Both Times
Now we’ve made this entire introduction to understand what is Torah, what are the two types of Torah, what are the Luchot, what are the Aseret HaDibrot. It becomes tremendously interesting, the question that in the Aseret HaDibrot it doesn’t say the same thing both times. It’s obvious that if it says it twice, it was reviewed between times. Perhaps Moshe Rabbeinu himself copied it through prophecy, most likely there was certainly a memory. The Jews reviewed the Aseret HaDibrot for a full forty years in the desert, even more than the entire Torah, because this is the thing that was heard from the Almighty Himself at Har Sinai. Every Jew knew the Aseret HaDibrot by heart. Someone will say, it was written the second time forty years later and a few words were forgotten — but an honest Jew doesn’t forget even a single word, and certainly the supreme prophet doesn’t forget.
The Differences Between the Two Aseret HaDibrot
The Types of Differences
Someone will say, as the Ibn Ezra argues, there’s no difference which word you write, the main thing is the intention. But the Aseret HaDibrot is something that isn’t only about the intention — if it were only the intention, the subject would have been stated again, not the Aseret HaDibrot again. The words are indeed important, and a certain amount of dibrot must be exactly ten. If a few words are stated differently, it’s indeed a wonder — what’s the explanation? It’s a good question.
There are several types of differences between the dibrot in Parshat Yitro and the dibrot in Va’etchanan, which must be divided into different categories.
First, differences of a letter. Here it says “lemitzvato”, here it says “mitzvotav” — we read “mitzvato”, but there’s a vav instead of a yud. In the last five dibrot it says in Yitro “lo tirtzach, lo tin’af, lo tignov” (Shemot 20), and in Va’etchanan it says “velo tin’af, velo tignov, velo ta’aneh” (Devarim 5), with a vav.
Second, where an entire word is changed. Here it says “ed sheker” (Shemot 20), here it says “ed shav” (Devarim 5). Or where an entire word is added: here it says “lo tachmod beit re’echa” (Shemot 20), and there the second “lo tachmod” changes to “lo titaveh” (Devarim 5), and “sadehu” (Devarim 5) is added. In the first it doesn’t say “sadehu”. A nice explanation: in the second one speaks to the generation entering the Land, who had fields, and in the desert they didn’t have any fields.
Another small difference: here it says “zachor et yom haShabbat” (Shemot 20), and here it says “shamor et yom haShabbat” (Devarim 5).
Third — this is perhaps the biggest difference — it adds entire sections, and sometimes changes entire sections. In Va’etchanan it says “shamor et yom haShabbat lekadsho” (Devarim 5), and also “ka’asher tzivcha Hashem Elokecha” (Devarim 5) — a piece added to the sentence, that one should do as the Almighty commanded. And at the end it says “lema’an yanuach avdecha va’amatcha kamocha” (Devarim 5), a piece of explanation. Similarly it says “kabed et avicha ve’et imecha” (Devarim 5), also “ka’asher tzivcha Hashem Elokecha” (Devarim 5), and afterwards “lema’an ya’arichun yamecha ulema’an yitav lach” (Devarim 5), an addition.
And an entire verse that is different: in Yitro it says “ki sheshet yamim asa Hashem et hashamayim” (Shemot 20), the reason of the six days of Creation. In Sefer Devarim it says an entirely different reason: “vezacharta ki eved hayita” (Devarim 5), “al ken tzivcha Hashem Elokecha la’asot et yom haShabbat” (Devarim 5) — the reason of the Exodus from Egypt for Shabbat.
How to View the Differences
The small differences, like a vav that isn’t a vav, are perhaps not essential — deeper one must find an explanation, but it’s hard to start from there. Where a word changes, shav or sheker: it’s true there is a halacha that shevuat shav is different from shevuat sheker, and the Rambam rules that lo tachmod and lo titaveh are two different prohibitions. But according to the plain meaning one can say that synonyms are not so strongly essential, it’s still the same thing.
The biggest thing that’s hard to swallow is when the entire thing changes — in the commandment of Shabbat an entirely different reason is stated.
The Dispute: Zachor and Shamor — Language or Content
The Rambam on the Two Reasons for Shabbat
The Rambam spoke at length about the two reasons for Shabbat, and he tries to reconcile them — not the text, but the matter: what’s the explanation, is Shabbat a remembrance of the Exodus from Egypt or a remembrance of Creation? If there’s a contradiction in the matter it’s a greater difficulty than the difficulty we’re talking about, of the language of the Aseret HaDibrot.
The Approach of Ibn Ezra
I’m speaking now about the language. The Gemara — I mean the Mechilta and a Yerushalmi — speaks about the fact that once it says “zachor” and once “shamor”. The Ramban in Parshat Yitro argues with Rabbi Avraham Ibn Ezra, who said that the Torah is not particular to say the same word, the main thing is that the content matches. The Ibn Ezra brings a proof from the Aseret HaDibrot — here it says “shamor”, here “zachor”, and both mean the same thing. The holiness of the Torah, which he calls lashon hakodesh (the holy tongue), shomrim ha’inyan velo hamilot (Ibn Ezra Shemot 20) (they preserve the content and not the words). One must be a person of understanding, the main thing is the content.
The Ramban’s Agreement According to the Plain Meaning
The Ramban relates to this, and says that this is very fine, it can be a good plain meaning, and he doesn’t disagree that according to the plain meaning one can say it’s the same thing. So too in Parshat Va’etchanan he says clearly that according to the plain meaning Moshe Rabbeinu was explaining. The Ramban learns that the Almighty said “zachor”, but Moshe Rabbeinu was explaining that it means “shamor”. “Zachor” is hard to understand — what does it mean I will remember? — so Moshe Rabbeinu explains that it means to guard Shabbat, an explanation.
How does Moshe Rabbeinu change what the Almighty said? It’s not a problem. When it says “ka’asher tzivcha Hashem Elokecha”, the Almighty didn’t say it, because the Almighty doesn’t say “ka’asher tzivcha Hashem Elokecha”. In all the dibrot, except for the first two, such expressions appear, because this is what Moshe Rabbeinu says in the name of the Almighty. This isn’t the language of Hashem, this is Moshe’s language saying what the Almighty has now said.
The Ramban’s Argument: The Ibn Ezra Didn’t Understand the Gemara
Now the Ramban says, however, that what the Ibn Ezra argues about what the Sages said “zachor veshamor bedibur echad ne’emru” (Mechilta Yitro) (zachor and shamor were said in one utterance) — that this isn’t correct because the Torah isn’t particular about the words — the Ibn Ezra’s understanding of the Gemara is nonsense. The language of the Ramban is, “veta’am zeh lo yishme’u ela mi she’eino ragil beTalmud” (Ramban Shemot 20) (and this explanation will only be heard by one who is not accustomed to the Talmud). One who doesn’t know Gemara thinks the Gemara didn’t know; in truth the Gemara meant that the verses are precise in every word, and the fact that Moshe says “shamor” was a difficulty, and the answer is that the Almighty said both.
Two Main Reasons Why the Ramban Disagrees
The Ramban disagrees for two main reasons.
One thing: Do you see that the Sages didn’t ask that here it says “kol temunah” (Shemot 20), and here “vechol temunah” (Devarim 5)? We don’t see any midrashim about this. Why? Because for such small differences it’s indeed fine, it doesn’t matter that there’s one small thing that’s different. The same, they didn’t ask why here it says “ka’asher tzivcha” and there not, and there “lema’an yanuach” and there not. So too that it says twice things that mean the same thing doesn’t matter — it could be one must learn from an inclusion.
So, the Ibn Ezra thought that the Sages who said “zachor veshamor” meant to ask in general about all the changes in the two dibrot, and they answered with the answer of “dibur echad”, that the Almighty said both — not just “zachor veshamor”, but all the changes. And he says one doesn’t need to come to this, because according to the plain meaning it means the same content.
The Subject of Zachor and Shamor According to the Ramban: Positive and Negative Commandments
Says the Ramban, no. When it says “zachor veshamor” they mean “zachor veshamor”, they don’t mean to ask about the entire thing. What do they do with all the other differences? There the Ramban admits it means the same thing and it’s not a problem. But “zachor veshamor” means something entirely different.
When it says “shav” and “sheker”, “vechol temunah” and “kol temunah”, “velo ta’aneh” and “lo ta’aneh” — everyone understands that the meaning doesn’t change. But “zachor veshamor”, says the Ramban, true, according to the plain meaning both can mean the same thing, both mean to guard Shabbat. But according to midrash, according to the ways of the Gemara, it never means the same thing. There’s a principle, “kol lashon pen ve’al eino ela lo ta’aseh” (Eruvin 96) (every language of “lest” and “don’t” is nothing but a negative commandment). When it says language of guarding, it means according to the Sages a negative commandment. A positive commandment means one should remember, one should rest on Shabbat, in a positive manner; but guarding means a negative commandment, one should not desecrate Shabbat.
A negative commandment comes not only from the language “lo” (don’t), it also comes from the language “shamor” (guard). “Shamor et yom haShabbat” means, guard yourself from desecrating Shabbat, “lekadsho” — that you should sanctify it. The negative way of this is, guard yourself not to desecrate Shabbat.
So if so, when the Sages say “zachor veshamor” they don’t mean to ask about a difference of a word — that doesn’t matter — rather they mean to ask that one cannot exchange a positive commandment with a negative commandment, it’s an entirely different thing. It cannot be that Moshe Rabbeinu should explain. An explanation, like “ka’asher tzivcha”, he may say, even a new reason for Shabbat. But to change the halacha, from a positive commandment to a negative commandment — this Moshe Rabbeinu cannot do. This was a difficulty.
The Answer: They Were Said in One Utterance
And to this the Sages answered, that the Almighty can say both. As it’s brought in the Gemara in Rosh Hashanah, that the Almighty indeed said at the same moment “zachor veshamor bedibur echad” (Mechilta Yitro), “mah she’ein hapeh yechola ledaber umah she’ein ha’ozen yechola lishmo’a” (Rosh Hashanah 27) (what the mouth cannot speak and what the ear cannot hear). People couldn’t hear it; therefore in the Torah, when we hear it, it’s stated separately, once “zachor” and once “shamor”, because a word “zachor shamor” cannot stand at once, and even a person cannot hear two voices. So the Gemara learns “trei kali lo mishtam’ei” (Megillah 21) (two voices are not heard). But the Almighty can both hear and speak — the Almighty doesn’t have the problem, people have the problem. This is the answer to the contradiction: which did the Almighty say, a positive commandment or a negative commandment? He said both, and therefore Moshe Rabbeinu always said both.
What Was Written on the Luchot?
The Ramban asks: what was written on the Luchot, a positive commandment or a negative commandment? According to how I learn the Ramban, it could be that both were written.
He asks, if the Almighty also said “shamor”, why wasn’t it written on the Luchot? He thought perhaps that in Va’etchanan the text of the second Luchot is stated, so there indeed “shamor” was written. But afterwards he says, perhaps on the first Luchot “zachor” was written, and “shamor” was Torah she’be’al peh. “Shamor” Moshe Rabbeinu said orally to the Jews, that the Almighty also said “shamor”. How did he know? Perhaps a prophet can also hear both at once. He perhaps even wrote it the second time, but essentially on the Luchot only “zachor” was written.
This is the difference — a difference of positive and negative commandments. This is the subject of zachor veshamor, not as the Ibn Ezra thinks. Not that they asked a difficulty about a change, because a change of meaning matters. If here a negative commandment is stated, one must answer. This is the Ramban’s dispute with the Ibn Ezra regarding the subject of zachor veshamor.
The Source of the Midrash: Contradiction in One Utterance
The List of Dibur Echad
The Gemara quotes here a Mechilta, which is from the Tannaim, before the Gemara. The same thing appears in Sifrei, and in Parshat Ki Teitzei the same derasha is brought, it says thus, “shneihem ne’emru bedibur echad” (Mechilta) (both were said in one utterance). In the Mechilta they have a list of things that the Almighty said in one utterance:
One is zachor veshamor. A second: about Shabbat it says “mechaleleha mot yumat” (Shemot 31) (one who desecrates it shall surely die), and it also says “uveyom haShabbat shnei kevasim” (Bamidbar 28) (and on the Shabbat day two lambs), that one must indeed offer sacrifices on Shabbat. A third: “ervat eshet achicha lo tegaleh” (Vayikra 18) (the nakedness of your brother’s wife you shall not uncover), and it says “yevamah yavo aleha” (Devarim 25) (her brother-in-law shall come to her). A fourth: “kol bat yoreshet nachala” (Bamidbar 36) (every daughter who inherits), and afterwards “lo tisuv nachala mimateh el mateh” (Bamidbar 36) (inheritance shall not transfer from tribe to tribe).
The Contradiction Is the Original Subject
It turns out that the original midrash meant that there are many things that are a contradiction one with the other. We see clearly from the Ramban that the main thing about zachor veshamor is indeed that there’s a bit of a contradiction between them, not simply that a different language is stated. The Gemara, when it speaks of “trei kali lo mishtam’ei”, the subject is simply whether one can hear two things. But the subject of the original midrash was that there’s a contradiction between zachor and shamor.
Perhaps the midrash meant that the contradiction of zachor and shamor is the contradiction of umichlal hen ata shome’a lav (from the positive you hear the negative) — that “uveyom haShabbat shnei kevasim”. Because the midrash understood that shamor means not to do work, and zachor means to sanctify the Shabbat in a positive manner, for example one will offer the musaf for Shabbat. But it’s indeed a contradiction — how can one offer a musaf on Shabbat if it’s desecration of Shabbat? And the answer is that “zachor veshamor bedibur echad ne’emru”, “achat diber Elokim shtayim zu shamati” (Tehillim 62) (God spoke once, these two I heard).
The Innovation: A Contradiction in One Utterance
In other words, not just that the Almighty can say — this isn’t such a great innovation, even two people can say two things at once. The new thing is: the Almighty can say two things that are a contradiction at once. It’s not truly an absolute contradiction — there’s an exception, like Shabbat in the Mikdash. Generally a person would think absolutely, either it’s this way or that way; with the Almighty both can be at once.
The Ramban’s Secret: Zachor and Shamor, Tiferet and Malchut
This is the midrash according to derash, and on this the next piece of Ramban is built. The Ramban says that Rabbi Nechunya ben Hakana in his midrash explained a great secret in the subject of zachor veshamor.
The Attribute of Day and the Attribute of Night
The Ramban explains that zachor veshamor has to do with the attribute of day and the attribute of night: remembrance is during the day, guarding is at night. About this one says Bo’i kallah (Come, bride) Friday night, because Friday night is called a bride, the aspect of night, the aspect of shamor. Knesset Yisrael (the Assembly of Israel) is called a bride, as in Shir HaShirim (Song of Songs).
The Sanctification of the Day is Called Kiddush Rabbah
The sanctification of the day is called kiddush rabbah. Why? According to the plain meaning, one would have said because it’s a smaller kiddush, because at night is the primary mitzvah of “Remember the Sabbath day to sanctify it,” and during the day is only rabbinic. The Ramban says, no, because in truth it is actually greater. According to kabbalah, and this is also a halachah, the sanctification of the day is superior, it is the great sanctification. The zachor, the attribute of tiferet, is the great one.
The Connection Between the Contradiction and the Two Attributes
The Ramban says, don’t think that what I said earlier, that the contradiction is the positive commandments and negative commandments, only relates to the midrash of Rabbi Nechunya ben HaKanah which says that these are the two attributes tiferet and malchut — rather it is truly connected, because the midrash actually refers to the contradiction of positive and negative commandments.
Why? Because the attribute of tiferet, zachor, has to do with positive commandments, and it comes from the attribute of love and the attribute of mercy, because tiferet comes from chesed. The attribute of tiferet is done by a person who loves his Master, the Almighty, and because of this the Almighty has mercy on him — there is love and mercy. And shamor, negative commandments, comes from the attribute of judgment, from the attribute of fear, because malchut draws from gevurah. The one who guards himself from things that are bad in his Master’s eyes has fear of this.
Why Love is Greater Than Fear
The Ramban says, therefore positive commandments are greater than negative commandments, just as love is greater than fear. One who fulfills and does with his body, who does things that his Master loves, is greater than one who only guards himself from doing what is bad to Him. One who only doesn’t do what is bad — you also don’t do what is good. Even an enemy only does what is bad; one who doesn’t want to fight with you also doesn’t do what you hate. But one who actually does what you love, exerts himself, does something that you love — that is love, that is he loves you.
Positive Commandment Overrides Negative Commandment and the Punishment for Negative Commandments
Therefore positive commandment overrides negative commandment — because love is greater than fear. And therefore there is a greater punishment for negative commandments. Why? Because one who transgresses a negative commandment is actually an enemy, he goes against what the Almighty wants. One who doesn’t do a positive commandment, has only not done the additional thing of love, but he hasn’t directly done anything that the Almighty hates. One who transgresses a negative commandment, has indeed done something in a positive manner that the Almighty hates, and for this he receives a greater punishment. Thus far are the words of the Ramban in Parshat Yitro.
What We Learn From This Ramban
Shabbat: A Union of Positive and Negative Commandments
What we learn is that the Torah that we fulfill is positive commandments and negative commandments. Let’s talk about Shabbat: we don’t do any work, but Shabbat is also done.
The Gemara says, what is the practical difference that “zachor and shamor were said in one utterance”? That even a woman is obligated in the sanctification of Shabbat, because “whoever is included in the remembering is included in the guarding” (Berachot 20). By Shabbat there is a union of positive and negative commandments. How does one make Shabbat? Through not doing. True, there are certain things that one does indeed in a positive manner, such as making kiddush; but even kiddush speaks about the fact that on Shabbat one rests, ceasing to do. Here positive and negative commandments come together.
Why Women Are Obligated in Shamor
Therefore, women, who essentially belong to negative commandments. A positive commandment is only a male, a free man, who is obligated to fulfill his obligation, because he is a special level. When it’s a negative commandment, no one may do it — even a woman, even a Canaanite slave — because it’s against this. From this one receives a greater punishment. A positive commandment is a different thing.
Practical Application: We Don’t Draw This Out Enough
When one normally goes to cheder they say, a Jew must do 613 commandments, positive and negative, both the same. But this is not correct. The Almighty commanded not to do, and this is not doing — there’s a great difference. There are things that the Almighty says, please, I love this, do it; and there are things that the Almighty says, this I hate, it’s dangerous, don’t do it.
One Who Acts Only From Fear
One who acts only from fear, who is only in the aspect of negative commandments, only fears that the Almighty should not be angry at him. For him there is no difference between positive commandments and negative commandments, he feels both the same, and he doesn’t understand. There is a principle, positive commandment overrides negative commandment, he says, well, that’s the law, a decree of Scripture. But one who understands the meaning, feels completely differently — positive commandments connect with the Almighty in a different way. A shomer thinks that everything is the same, but a zocher knows that it’s not so. Positive commandments are a completely different type of thing.
To Do a Positive Commandment One Must Be Worthy
To do a positive commandment one must be worthy. As it says in the Mishnah in Sukkah, that there are commandments that the Almighty doesn’t want, as if this son came to his master and poured a pitcher on his face (Sukkah 29a). What does it mean, I’m doing a mitzvah? The Almighty doesn’t want your mitzvot.
There is no such thing that the Almighty rejects someone with a negative commandment, because negative commandments mean that the Almighty doesn’t want this to happen. But positive commandments are a certain service, a certain relationship — one gives something to the Almighty, one does something that the Almighty loves.
Positive Commandments Come From Love
One looks at it as he says, one who loves his Master. One must begin to feel the difference — positive commandments are very different from negative commandments. Most of kabbalah speaks of positive commandments. When it comes to Shabbat or Pesach, where there is equality between man and woman, a union between positive and negative commandments, then one can speak of negative commandments. But the primary commandments that one discusses according to kabbalah are the positive commandments, because this is a truly higher level, it comes from love. Negative commandments come from fear — two different types of things.
Summary: Zachor and Shamor in One Utterance
Until now we have learned the introduction — what is the Torah, what is the Torah and Mishneh Torah, what are the two tablets, what is the difference between positive and negative commandments — which is truly the meaning of zachor and shamor in one utterance.
This is what the midrash means to say, that although these are two different things, they first of all come together in Shabbat. Not simply that all positive commandments and negative commandments are the same — rather in Shabbat they come together.
On Shabbat We Come Close to the Almighty
From here one also learns that by the Almighty they come together. On Shabbat we come close to the Almighty; on Shabbat a Jew feels more like being with the Almighty. From the side of the relationship of a person to the Almighty there is a difference — whether you do Him a good thing or don’t do something that He doesn’t love. But by the Almighty Himself, the goodness and truth that the Almighty is, there is no true difference between the two things. And on Shabbat one comes to this perspective. This is the secret of zachor and shamor in one utterance.