Pinchas(Numbers 25:10-30:1)

Pinchas 5769

Rashi points out that Moses is subjected to a bit of poetic justice.

Numbers 27:5

"And Moses brought ('Vayikrav") their case before Hashem."

 

RASHI

Moses brought their case - Rashi : He forgot the halachah. Here he was punished for 'assuming the crown' (assuming to be the final judge) by saying "The matter that is too difficult for you, you may bring to me." (Deut. 1:17)

 

THE BASIS FOR THE DRASH

This drash connects our verse with Moses' statement in Deuteronomy 1:17. Can you see why this connection was made?

Hint: See the complete verse in Deuteronomy.

Your Answer:

 

UNDERSTANDING THE DRASH

An Answer: In Deuteronomy 1:17 it says:

"You shall not show favoritism in judgement; small and great alike you shall hear, you shall not tremble before any man for the judgement is God's. Any matter that is too difficult for you, you shall bring ("tikravun aili") to me and I shall hear it."

Our verse says:

"And Moses brough ('Vayikrav") their case before Hashem."

Both contain the common word "to bring near." In Deuteronomy, Moses says "bring it near to me." In our verse it says that Moses (had to) bring it to Hashem.

This word association forms the basis for this drash. It points out how the Torah uses its words to subtly make a moral point: the poetic justice is brought home by the common word "tikravun" and "Vayikrav." We are reminded what the Torah says in this verse itself "because [rendering] justice is God's alone."

 

WHAT IS RASHI SAYING?

The fact that Moses couldn't answer this question on his own, but had to ask Hashem, indicates that something was lacking in his ability to decide such questions. Moses was, after all, the ultimate interpreter of the Law, which he, alone, received at Sinai. On the basis of this unusual lapse of memory on Moses' part, Rashi (based on the Talmud in Sanhedrin 8a) interprets this as punishment for Moses' previous boasting, so to speak, about his ability to be the final halachic arbiter of "difficult matters."

Did you notice that the statement Moses made is quoted from Deuteronomy? It was for this statement that he was punished.

What would you ask about that?

Your Question:

 

QUESTIONING RASHI

A Question: How could Moses be punished now for a statement he made later ,in his final oration to the people? You see that quote comes from the Book of Deuteronomy!

Hint: Think.

Your Answer:

 

UNDERSTANDING RASHI

An Answer: True, this quote comes from the Book of Deuteronomy, but it records an event that happened much earlier, during the first year in the wilderness. See Exodus 18:24-26, where Moses heeds the advice of his father-in-law, Jethro and delegates halachic authority to others. There it says:

"And Moses heeded the advice of Jethro and he chose men of valor ... and they judged the nation at all times. The difficult matter they brought to Moses and every lesser matter they judged themselves."

So, in fact, this actually happened much before the current story of the daughters of Zelafchad when Moses forgot the law.

But, if this was mentioned earlier in the Torah, we can ask another question of Rashi:

Your Question:

 

ANOTHER QUESTION

A Question: Why did Rashi quote the verse from Deuteronomy, when he could have quoted the original source in Exodus?

Your Answer:

 

UNDERSTANDING RASHI

An Answer: The verse in Exodus does not quote Moses himself. It is an objective statement that "the difficult matter was brought to Moses." The verse in Deuteronomy, on the other hand, is a direct quote of Moses and thus shows what he was held accountable for. And in that quote we have the word that is similar to the word in our verse – "tikravun."

 

A DEEPER LOOK

Considering Moses' various opportunities to answer halachic questions posed in the Torah, we can ask a more basic question on this comment. Can you recall other instances when Moses was asked a question of law ? If you can, what is your question?

 

QUESTIONING RASHI

A Question: During the second year that Israel was in the wilderness, Moses was asked by some men who were impure, whether they may bring the Pascal offering (Numbers 9:8). He had to turn to God for the answer. He was also asked what the punishment was for the "gatherer of wood" on the Sabbath (Numbers 15:32-36). Here too, Moses had to wait until God told him the appropriate punishment to impose. Why didn't Rashi comment on these cases as instances where Moses was punished by forgetting the law, as Rashi comments here?

Do you see any meaningful difference between those cases and ours?

Your Answer:

 

UNDERSTANDING RASHI

An Answer: The two other cases when Moses was asked to decide a legal question, involved rare and unusual circumstances. The case of a man "gathering wood" on the Sabbath or the situation where a person became impure before Passover are not everyday occurrences and thus it is not expected that Moses be familiar with them. But the laws of inheritance come up whenever someone dies, which is a common occurrence. We would expect Moses to be knowledgeable of such laws. The fact that he was not, indicated a lapse in memory and thus Rashi saw this as a punishment. (See Sefer Zikaron.)

 

Shabbat Shalom,
Avigdor Bonchek