THESE ARE THE WORDS WHICH MOSES SPOKE UNTO ALL ISRAEL. [The reference is] to the commandments which he will mention in the entire book beginning with the Ten Commandments in the section of Va’ethchanan,¹⁵ …, is not a reference to the words of Moses from the beginning of the book on, narrating the historical events of the journey through the wilderness, but primarily a reference to the Ten Commandments and the laws that followed, which Moses introduced with a review of their journey from Sinai to the Jordan followed with an exhortation to obedience. as Scripture stated, Moses began explaining this Law, saying,¹⁶ clearly indicating that he is speaking of the Law [which begins with the Ten Commandments in the next section of Va’ethchanan]. And in that case [we must say] that in the [following] verse The Eternal our G-d spoke unto us¹⁷ an introductory expression of “saying.”¹⁸ (saying) in Verse 5 as referring not to the contents of Verse 6 but to the Scriptural text of the Ten Commandments, Verse 6 should begin with a phrase explaining that it was Moses who was now speaking on a different subject — not about the commandments, but about the history of the forty years. Thus the verse should begin, “And he [i.e., Moses] said: The Eternal our G-d spoke unto us …” is omitted. Similarly [there is an omission in the verse] *And Joseph called the name of the firstborn Menasheh: ‘for G-d hath made me forget all my toil’ … And the name of the second he called Ephraim: ‘for G-d hath made me fruitful.’*¹⁹ Both verses omit the expression “for he [Joseph] said” [that G-d hath made me forget … “for he said” that G-d hath made me fruitful]. And the purport of these verses here is as follows: “These are the commandments which Moses spoke to all Israel beyond the Jordan in the fortieth year from their departure from Egypt on the first day of the eleventh month according to all that the Eternal had commanded him for them,²⁰ this being after he had smitten Sihon and Og,²¹ in the land of Moab, there Moses began to explain to them this Law, as follows. And he said: The Eternal our G-d spoke unto us in Horeb, saying: ‘Ye have dwelt long enough etc.’”¹⁷ And the meaning thereof is that when Moses began explaining the commandments to them, he said to them at the outset of his words: The Eternal our G-d spoke unto us in Horeb, after He gave us the Ten Commandments, [ordering] that we conquer the Land at once and that we cross the Jordan. But your sins caused you this and that consequence [as Moses goes on to relate]. The words of this introduction continue until he concludes with the verse, And thou shalt keep His statutes, and His commandments, which I command thee this day, that it may go well with thee, and with thy children after thee, and that thou mayest prolong thy days upon the Land, which the Eternal thy G-d giveth thee, forever.²² Then Moses called all Israel that were before him and said, Hear, O Israel, the statutes and the ordinances which I speak in your ears this day,²³, 5:1. and then began the explanation of the Torah with the Ten Commandments in order that they hear them with the explanation from the mouth of the one who received them from the mouth of the Holy One, blessed be He. Afterwards he informed them of the Unity of G-d, as it is said, Hear, O Israel: the Eternal our G-d, the Eternal is One,²⁴, 6:4. and all the commandments in this book. This is why Scripture explained here which Moses spoke unto ‘all’ Israel, and there it is stated, And Moses called unto ‘all’ Israel²³, 5:1. [emphasizing that all were present], because the explanation of the Torah and the completion of the commandments must be in the presence of “all” Israel just as was the Giving of the Torah [itself on Mount Sinai]. Now, because he [Moses] prolonged the words of this introduction, Scripture [in Va’ethchanan where Moses finally begins explaining “the words” with which he began this opening verse] returned to the place at which it stopped at the beginning of the explanation of the Torah and said, And this is the Law which Moses set before the children of Israel; these are the testimonies, and the statutes, and the ordinances, which Moses spoke unto the children of Israel, when they came forth out of Egypt,²⁵, 4:44-45. and mentioned that it was beyond the Jordan, in the valley over against Beth-peor, in the land of Sihon,²⁶, Verse 46. this being the land of Moab mentioned here¹⁶ since Israel did not enter the land of Moab except what was made permissible for them by Sihon [who conquered part of Moab and became its ruler, thus removing that territory from the injunction that Israel may not wage war against Moab] as has been explained in the preceding book.²⁷ Thus Scripture mentioned two things here. [The first thing is:] it stated that Moses spoke unto the children of Israel, according to all that the Eternal had commanded him for them,²⁰ this being an allusion to the commandments which he would tell them in this book that have not been mentioned thus far in the Torah. And it says that these commandments were exactly as G-d commanded him; he did not add to, or substract from what he had been commanded. It was necessary that this be stated [i.e., that Moses spoke according to all that the Eternal had commanded him] because Scripture does not state of them “And the Eternal spoke unto Moses;” therefore it included them now, [emphasizing] that they were all according to what he was commanded from the mouth of the Holy One, blessed be He. [The second thing is:] it further stated that Moses began explaining this Law,¹⁶ this being an allusion to the commandments which were already declared, that he would repeat them in order to clarify them further and to give additional instruction about them. And the meaning of the expression ho’il Mosheh²⁸ as “wished;” thus meaning “Moses wished” to explain this Torah; however, the beginning thereof is not here, but later on as explained. According to those commentators, such as Rashi, who explain the reference ‘These are the words’ in our verse as referring to Moses’ words of chastisement, the word ho’il does mean “begin,” since the reproof begins in the next verse. is that “Moses wished” to explain the Torah to them. This is said to inform us that Moses saw fit to do so although G-d had not yet commanded him thereon [but afterwards, when He commanded him to write down the whole Torah, G-d Himself said all these words that were originally spoken by Moses; and Moses wrote them as he was commanded. Hence there is no difference between the first four books of the Torah and this fifth book, Deuteronomy, as all are equally the word of G-d]. The word ho’il is thus related to the expressions: ‘ho’el na’ (be willing, I pray thee), *and tarry all night;*²⁹ would that ‘ho’alnu’ (we had been willing) and dwelt beyond the Jordan,³⁰ and so also many similar expressions.

footnotes: ¹⁵ Further 5:6-18. In other words, the opening expression of the Torah here, These are the words ¹⁶ Verse 5. ¹⁷ Verse 6. ¹⁸ Since we have explained the word leimor ¹⁹ Genesis 41:51-52. ²⁰ Verse 3. ²¹ Verse 4. ¹⁷ Verse 6. ²² Further, 4:40. ²³ Ibid. ²⁴ Ibid. ²³ Ibid. ²⁵ Ibid. ²⁶ Ibid. ¹⁶ Verse 5. ²⁷ Numbers 21:26; 35:14. ²⁰ Verse 3. ¹⁶ Verse 5. ²⁸ Verse 5. This is generally translated: “Moses began.” Since according to Ramban, the explanation of the commandments does not begin until the Ten Commandments in 5:6, Ramban interprets the word ho’il ²⁹ Judges 19:6. ³⁰ Joshua 7:7.

IT IS ELEVEN DAYS’ JOURNEY BY THE WAY OF SEIR UNTO KADESH-BARNEA. The meaning thereof is that Scripture informs us of the vastness of the wilderness, that from Horeb, which they left, to Kadesh-barnea is a journey of only eleven days, since by way of Mount Seir it is near. Kadesh-barnea is at the end of the wilderness at the border of the hill-country of the Amorites³¹ which is the inheritance of Israel. There are the lands of Sihon and Og where Moses explained the Torah in the valley over against Beth-peor.³² Afterwards Scripture says, they went by way of the mountain of the Amorites all that great and fearful wilderness,³³ and, following that, it narrates that in Kadesh-barnea,³³ which is at the boundary of their inheritance, they requested spies [to see the Land]. As a result, their journey was disrupted and they went [into the wilderness] toward the Red Sea³⁴ — backward and not forward³⁵ — until the completion of forty years. And because Israel was presently not in the wilderness, since they had already entered the land of Moab, earlier mentioned [i.e., the part which they took from Sihon and Og], Onkelos interpreted the expression in the wilderness, in the plain [These are the words which Moses spoke unto all Israel beyond the Jordan ‘in the wilderness, in the plain’]³⁶ as being allusions to reproof [thus rendering: he reproved them “on account of that which they provoked Him in the wilderness, etc.”]. Moreover, why should Scripture mention all these places [in the wilderness, in the plain, over against Suph, between Paran and Tophel, and Laban, and Hazeroth, and Dizahab]³⁶ and specify signs and borders more than [the law requires] in selling a field! [Therefore these place-names were interpreted by Onkelos as being allusions to certain deeds about which Moses reproved them.] And the sense of the Scripture according to Onkelos’ opinion is: “These are the words which Moses spoke unto all Israel beyond the Jordan; he spoke of [that which they did] in the wilderness, in the plain, and over against Suph, between Paran and Tophel, and Laban, and Hazeroth, and Di-zahab, and the eleven days’ journey from Horeb,” because he mentioned to them all that they had done in these places. Afterwards Scripture states that there, beyond the previously mentioned Jordan, Moses wanted³⁷ to explain the Torah after he reproved them, and he spoke and said, The Eternal our G-d spoke unto us in Horeb, saying.¹⁷ And so it is interpreted in the Sifre³⁸ 1. according to the opinion of Rabbi Yehudah. Rabbi Yosei ben Durmaskis, however, holds that they were actual places called by these names.

footnotes: ³¹ Verse 7. ³² Further, 4:46. ³³ Verse 19 (here). ³³ Verse 19 (here). ³⁴ Verse 40. ³⁵ Jeremiah 7:24. ³⁶ Verse 1. ³⁶ Verse 1. ³⁷ See Ramban at the end of preceding verse, and Note 28. ¹⁷ Verse 6. ³⁸ Sifre, Devarim

AFTER HE HAD SMITTEN SIHON, THE KING OF THE AMORITES, WHO ‘DWELT’ IN HESHBON — for Heshbon was not his, but he conquered it from the king of Moab and he built it to be his royal capital. Similarly, and Og the king of Bashan, who ‘dwelt’ in Ashtaroth, at Edrei³⁹ means that it was previously the land of Rephaim⁴⁰ [and then it was occupied by the king of the Amorites] as I will explain⁴¹, 2:10; 3:11. with the help of G-d. And because Scripture states, who dwelt in Ashtaroth, at Edrei,³⁹ it indicates that Ashtaroth is the name of a place in which Edrei is located [as will be explained further]. The text of the Sifre is as follows:⁴² 3. “‘B’ashtaroth’ — it was as hard as ashtaroth. ‘B’edrei’ — this was the seat of the government [i.e., the royal city].” Rashi wrote: “Ashtaroth — is an expression denoting rocks and hardness. Ashtaroth is Ashteroth-karnaim⁴³ where the Rephaim were, as it is said, and they smote the Rephaim in Ashteroth-karnaim.⁴³ ‘B’edrei’ — this was the name of the kingdom [indicating that the kingdom of Edrei was located in Ashteroth-karnaim]. And⁴⁴ so it is written, ‘ashteroth’ of thy sheep,⁴⁵ meaning, as Targum [Onkelos] rendered it [‘the flocks of thy sheep’]. And our Rabbis have said:⁴⁶ Why is the name ashtaroth given to them [i.e., flocks of sheep]? It is because they ‘enrich’ [from the Hebrew word ashir — rich] their owners and strengthen them like these ashtaroth which are strong rocks.” [This is Rashi’s language]. Now the Rabbi [Rashi] incorporated into the word [ashtaroth] two meanings [strength and riches], but we do not know from what source the Rabbi inferred that ashtaroth is a name for rocks and stones. But it is possible for us to say that ashtaroth is a term for flocks of sheep, from the word ashir (rich) as in the words of the Sages [quoted above: “Why is their name ashtaroth? It is because they enrich their owners”]. Ashteroth-karnaim⁴³ was a place of high mountains upon which there were strongholds of stone, these being likened by Scripture to “the horns of cattle,” just as Scripture likens them to “teeth,” as it says upon ‘the crag’ [literally: “the tooth”] of the rock, and the stronghold.⁴⁷ Similarly, upon ‘the horns’ of the altar.⁴⁸ So also, ‘b’keren’ ben shamen⁴⁹ [literally: “in a fruitful ‘horn'”] which the Targum [Yonathan ben Uziel] renders: “On a high hill, in a fruitful land.” There, [upon these high hills,] the flocks of sheep ascend, the he-goats, the she-goats, and the wild-goats⁵⁰. and their like; and therefore the place is called Ashteroth-karnaim⁵¹ [because the flocks which “enrich” their owners (ashtaroth) ascend to the “horns” of the mountain (karnaim)]. So also, and they served Baal and the Ashtaroth⁵¹ — ‘Ashtaroth’ because the idol was made in the form of a sheep in order to protect them [the flocks of sheep], in accordance with their foolish belief. [This is in line with our explanation of the word ashtaroth as a synonym for sheep.] Now at the foot of the mountain they built a city whose name was Edrei, this being intimated in the verse which states, and Og the king of Bashan came out against us, he and all his people, unto battle at Edrei,⁵² denoting that he gathered his entire army to the city where the palace of the king and the throne of the kingdom were. And this is the purport of the [following] Midrashic text [which seems to agree with Rashi’s interpretation], wherein the Rabbis, of blessed memory, have stated: “Who dwelt in Ashtaroth, at Edrei. Even if Og himself had not been difficult to defeat but had resided in Ashtaroth, he would have been difficult to defeat, because the city was a difficult one to capture etc.”⁵³ Therefore they interpreted, Ashtaroth to mean that it was “as hard as Ashtaroth,”⁵⁴ here does not indicate something hard. But because Og’s royal city Edrei was well fortified, the Sifre compares it to Ashteroth-karnaim where the Rephaim lived and from where Og originated. [the phrase from which Rashi, quoted above, deduced that the word ashtaroth is defined as “hard”], as if to say that his residence was like the fortified city of Ashteroth-karnaim⁴³ from which he and his family originated; for at that time he was not residing in Ashtaroth, but was residing in the land of the Amorites. And “the place of the government” [mentioned in the Sifre above] means that the city where he lived was Edrei⁵⁵ but Bashan was the name of the land of his kingdom.

footnotes: ³⁹ In Verse 4 before us. ⁴⁰ Further, 3:13. ⁴¹ Ibid. ³⁹ In Verse 4 before us. ⁴² Sifre, Devarim ⁴³ Genesis 14:5. This is an expression for “strength” [“the hard rocks of Kamayim”]. ⁴³ Genesis 14:5. This is an expression for “strength” [“the hard rocks of Kamayim”]. ⁴⁴ The text from this point on, until the end of the quotation is not found in our texts of Rashi. Part of it is found in Rashi further, 7:13. ⁴⁵ Further, 7:13. ⁴⁶ Chullin 84b. ⁴³ Genesis 14:5. This is an expression for “strength” [“the hard rocks of Kamayim”]. ⁴⁷ Job 39:28. ⁴⁸ Exodus 29:12. ⁴⁹ Isaiah 5:1. These verses illustrate the Scriptural tendency of likening topographical characteristics to parts of animals such as horns and teeth. ⁵⁰ Psalms 104:18: The high mountains are for the wild-goats ⁵¹ Judges 2:13. ⁵¹ Judges 2:13. ⁵² Further, 3:1. This verse clearly indicates that Edrei is the name of a particular locality rather than the name of the entire country, hence it can be said that Og gathered his army there. This proves Ramban’s explanation “that Ashtaroth is the name of a region wherein Edrei is located.” However, it could not be as Rashi explained that Edrei is the name of the kingdom, for if it were the name of an entire country, how could it be said that Og, gathered his army “at Edrei” when it is not the name of a specific, particular place? (Aboab). ⁵³ “And even if the city had not been difficult to capture, but Og resided in it, it would have been difficult to capture because its king was difficult to defeat. How much more so when the king was difficult to defeat and the city difficult to capture” (Sifre). ⁵⁴ In other words, the word Ashtaroth ⁴³ Genesis 14:5. This is an expression for “strength” [“the hard rocks of Kamayim”]. ⁵⁵ Thus, unlike Rashi who wrote that Edrei was the name of the kingdom, Ramban holds that Edrei was the name of the royal city, and the name of the kingdom was “The Bashan.”

THE ETERNAL OUR G-D SPOKE UNTO US IN HOREB, SAYING. In my opinion Horeb was the name of a place near Mount Sinai⁵⁶ where Israel dwelled in the year [of the exodus]. The wilderness was large and therein was *the mountain which G-d hath desired;*⁵⁷ its name was Sinai and it is for this reason that the entire wilderness is called the wilderness of Sinai,⁵⁸ as it were, “the wilderness of Mount Sinai.” Thus Scripture states, and they came to the wilderness of Sinai, and they encamped in the wilderness; and there Israel encamped opposite the mount,⁵⁹, Verse 2. meaning that they encamped in the wilderness in a place called Horeb, this being opposite the mountain. It is possible that both the mountain and the wilderness were called “Sinai” because many sneh (thorn-bush) trees were there, and near that mountain was a locality or an inhabited city called Horeb, and there they stopped. And the verse which states, and he [Moses] came to the mountain of G-d, unto Horeb⁶⁰, 3:1. [which might indicate that the name of the mountain itself was really Horeb or, perhaps, that the mountain was in the region called Horeb], means that he came to Horeb where the mountain of G-d was. Now the sneh (thorn-bush) [out of the midst of which the angel appeared to Moses] was on that mountain. Moses [at that moment] was in Horeb, the place before it, nearby, where the camp of Israel stood for [close to] a year [after the exodus]. Therefore Moses said, I will turn aside now and see [this great sight, why is the bush not consumed],⁶¹, Verse 3. meaning that he will turn aside from Horeb [and walk] up to the mountain. At times Scripture calls the mountain itself [Horeb], as it is said, And the children of Israel stripped themselves of their ornaments from Mount Horeb,⁶², 33:6. that is to say “from the mountain which was in the area of Horeb, in its vicinity or before it.” Or it may be that Horeb was the name of the entire region and the mountain was within it. Similarly, Remember ye the law of Moses My servant, which I commanded unto him in Horeb for all Israel, even statutes and ordinances,⁶³ alludes to all that he was commanded on the mountain, and in the Tent of Meeting which was there in Horeb. Now I have seen a Midrash in Yelamdeinu Rabbeinu:⁶⁴ “Yea, thou knewest not⁶⁵ … — at Sinai; yea, thou heardest not — at Horeb; yea, from of old thine ear was not opened — in the plains of Moab.” The Midrash thus intimates that Horeb is the place where the Tent of Meeting was, [thus confirming the view that Sinai and Horeb are different places]. However, Rabbi Abraham ibn Ezra states⁶⁶ in Hebrew means “desolation,” or “dryness.” — This interpretation is found in Ibn Ezra’s commentary to Exodus 3:1-2. that Horeb is Mount Sinai, for, because of its desolation and dryness, the sneh (thorn-bush) grows there, so the mountain is known by two names [Horeb and Sinai], both being similar in meaning [“Horeb” referring to its desolate nature, and “Sinai” indicating the thorn-bushes that are products of the dryness].

footnotes: ⁵⁶ See Vol. II, pp. 239, 253. ⁵⁷ Psalms 68:17. ⁵⁸ Exodus 19:1. ⁵⁹ Ibid. ⁶⁰ Ibid. ⁶¹ Ibid. ⁶² Ibid. ⁶³ Malachi 3:22. ⁶⁴ Literally: “May our master teach us.” See Vol. II, p. 131, Note 196, for description of this Midrash. ⁶⁵ Isaiah 48:8. The verse reads: Yea, thou heardest not; yea thou knewest not; yea, from of old ⁶⁶ Choreb

TURN YOU, AND TAKE YOUR JOURNEY, AND GO TO THE MOUNT OF THE AMORITE etc. He mentioned to them the Land and the road that they are to traverse in their stages, and afterwards He said, Behold, I have set the Land before you which I swore to your fathers; go in and possess the Land⁶⁷ — this being a command, not just an assurance and promise, as I have explained.⁶⁸ (six hundred and thirteen) mitzvoth which are binding for all times; that we are not to leave it in the hands of other nations, that we are not to leave it to waste, and that we are to dwell in it. See more fully in Vol. IV, pp. 385-386.

footnotes: ⁶⁷ Verse 8. ⁶⁸ Numbers 33:53, Ramban thus reiterates here his theory that the precept to conquer the Land of Israel is included in Taryag

WHICH THE ETERNAL SWORE. The reason [for using the third person the Eternal swore rather than the first person “I swore” which would be more appropriate, since G-d is the speaker] is similar to that in the verse, And unto Moses He said, Come up to the Eternal,⁶⁹ [rather than “Come up unto Me”]. There I have explained it.⁷⁰, Vol. II, pp. 422-424.

footnotes: ⁶⁹ Exodus 24:1. ⁷⁰ See ibid.

AND I SPOKE UNTO YOU AT THAT TIME, SAYING: ‘I AM NOT ABLE TO BEAR YOU MYSELF ALONE.’ [Moses’ statement here in this verse was actually said] before the Eternal said to us in Horeb, Ye have dwelt long enough in this mountain,⁷¹ they moved away from Horeb. Hence we must say that the whole episode that begins with Verse 9 happened before Israel was commanded to journey from Horeb (Verse 6). And the expression at that time (in this verse) means “while we dwelled at Horeb.” But according to the Sages who say that Jethro came after the Giving of the Torah, the expression at that time means “at that time when we were about to leave Horeb.” according to the opinion of those who say that Jethro came before the Giving of the Torah.⁷² And the meaning of the expression at that time [in the verse before us] is “while we dwelled at Horeb.” But Moses mentioned it here [in Verse 9, rather than before Verse 6] to convey the following thought: We received the Torah, and you had judges and officers to judge you and lead you, and we were thus ready to enter the Land. And we journeyed from Horeb⁷³ in our [four] divisions with our judges and our elders, and then ye came near unto me every one of you⁷³ with your wise men and your leaders and you wanted spies to be sent, and thus the plan [for an immediate entry into the Land] was frustrated.

footnotes: ⁷¹ Above, Verse 6. For, according to the opinion that Jethro came before the Giving of the Torah, the appointment of judges (recorded here in the following verses) took place almost a year before ⁷² See Exodus 18:1; Vol. II, pp. 249-252. ⁷³ Further, Verse 19, and Verse 22. ⁷³ Further, Verse 19, and Verse 22.

HOW CAN I MYSELF ALONE BEAR ‘TORCHACHEM’ (YOUR TROUBLE) ‘UMASA’ACHEM’ (AND YOUR BURDEN), V’RIVCHEM (AND YOUR STRIFE)? According to the simple meaning of Scripture, Moses our teacher alluded to them the three things which he told Jethro that he was doing for the people, as I have explained there.⁷⁴ He now mentioned them to Israel by implication. He said torchachem corresponding to and I make known to them the statutes of G-d and His laws,⁷⁵, Verse 16. for it was a difficult “task” to teach those who had come forth from Egypt, the statutes and the laws of G-d, their meanings, interpretations, and secrets. He said masa’achem corresponding to the people come unto me to inquire of G-d,⁷⁴ a reference to prayer, for he used to pray on their behalf. The word masa’achem is related to the expression: ‘v’nasatha t’filah’ (and thou lift up prayer);⁷⁶ nor ‘tisa’ (lift up) entreaty or prayer in their behalf.⁷⁷ [He stated] ‘v’rivchem’ (and your strife) which is to be understood in its plain sense — matters of judgments [because judges must rule when there is strife among people]. Moses continued to state: Get you men who are wise, and understanding, and known among your tribes⁷⁸ — referring only to [the qualities of] judges. But he said unqualifiedly, and I will make them heads over you⁷⁸ by way of humility.⁷⁹ Now Rashi quotes from the Sifre:⁸⁰ 12. “‘Torchachem’ (Your trouble). This teaches that they were troublesome. If one perceived that his opponent was winning a litigation, he would say ‘I have witnesses to bring; I have evidence to present; I [exercise my right to] add judges to you [thereby increasing the size of the court].’” But I do not know [the validity of] this law that one of the litigants should have the right to add judges above [the usual number of] three in cases concerning monetary matters, and surely he has no such right after presenting his case before them and perceiving that his opponent was winning the case! For, had he voluntarily accepted upon himself a relative or an unqualified person as a judge, he could indeed retract⁸¹ prior to the rendering of the final judgment, but from those qualified to judge he cannot retract [his acceptance]! Perhaps we can deduce from here the principle that a man can say, “I choose two judges and you choose two other ones, and they [i.e., the four judges] will choose one more,⁸² be divisible evenly;” it must have an odd number of judges to assure that, in the event of a split, there would not be a tie vote (ibid., 2a). and let the suit be decided by five or more judges,” just as the Rabbis have said:⁸³ 2:13). “A suit decided by five [judges] is not comparable to one decided by ten [judges].” Although three judges [have the power to] compel parties to come before them for judgment when one refuses to be bound by their decision, yet if one [of the litigants] desires to choose additional judges, he may do so, because it is similar to [the case of] one [of the litigants] who says, “Let us go to the main meeting place of the scholars [to bring our suit before them on the assumption that superior scholars are better qualified to judge],”⁸¹ in which case we accede to him, provided it does not entail [undue] hardship, for in such a case we have been commanded, Justice, justice, shalt thou pursue,⁸⁴ [which the Sifre interpreted]: “Go to a reliable court,” and an increase in the number constitutes “a reliable court.”⁸⁵ 144; Sanhedrin 32b. Now in the wilderness, wise men were available to them and the litigants could say, “Let us go before the officers of the thousands.”

footnotes: ⁷⁴ Exodus 18:15. Vol. II, p. 263. ⁷⁵ Ibid. ⁷⁴ Exodus 18:15. Vol. II, p. 263. ⁷⁶ II Kings 19:4. ⁷⁷ Jeremiah 7:16. ⁷⁸ Verse 13. ⁷⁸ Verse 13. ⁷⁹ That is, Moses told the people that he will make these judges “heads” over them — in all three of the above capacities: teaching, praying and judging. Actually, however, the “heads” were only for rendering judgment in matters of litigation between them, but not for teaching the statutes and the laws to the people, nor for praying on their behalf, those vital functions being the province of Moses. Yet Moses by way of humility said that he would appoint them to all three functions. ⁸⁰ Sifre, Devarim ⁸¹ Sanhedrin 31b. ⁸² For “a court must not ⁸³ The precise source of this statement is unknown to me. Rambam states the thought as follows: “Although a court of three judges is a perfect tribunal, yet if they are more, it is to be praised” (Mishneh Torah, Hilchoth Sanhedrin ⁸¹ Sanhedrin 31b. ⁸⁴ Further, 16:20. ⁸⁵ Sifre, Shoftim

VIDU’IM L’SHIVTEICHEM’ (AND KNOWN AMONG YOUR TRIBES) — “men who are known to you. For if he were to come before me [Moses] wrapped in his robe, I would not know who he is and of what tribe he is, but you know him for you have raised him.” This is Rashi’s language quoting the Sifre.⁸⁶ 13. And if so, ‘l’shivteichem’ (among your tribes) is connected with the word ‘vidu’im’ (and known).⁸⁷ (and known) ‘l’shivteichem’ [literally: “‘to’ or ‘from’ each of your tribes”]. Now Rashi, on the basis of the Sifre, connects the last two words — “known to your tribes.” Ramban will explain l’shivteichem as referring to the first part of the verse: “Get you … from each of your tribes” and the word vidu’im he will explain as meaning and known to be judges and being qualified. But in line with the plain meaning of Scripture the purport of the verse is as follows: “Get you, from each of your tribes wise men.”⁸⁶ 13. And the meaning of the word vidu’im in my opinion is that “they are known as judges,” that is to say, their capability is known and recognized as qualifying them to be appointed judges. Now [Moses] epitomized the qualities of the judges in the word vidu’im, because the judges need to be able men, such as fear G-d; men of truth, hating unjust gain,⁸⁸ as Jethro said. And these men [that were appointed] were known from the beginning to be judges, for everyone was saying, “This one is fit to be a judge.”

footnotes: ⁸⁶ Sifre, Devarim ⁸⁷ The Scriptural text [in the order of the words] reads: Get you men who are wise, and understanding, ‘vidu’im’ ⁸⁶ Sifre, Devarim ⁸⁸ Exodus 18:21.

FOR THE JUDGMENT IS G-D’S. The meaning thereof is as expressed in the verse, for ye judge not for man, but for the Eternal; and He is with you in giving judgment,⁸⁹ meaning to say: “It is for G-d to execute justice between His creatures for He created them with the intention that there be fairness and justice among them, and to deliver him that is robbed out of the hand of the oppressor,⁹⁰ and He designated you [the judges] in His stead. And if you will be afraid and act corruptly ye have sinned against the Eternal⁹¹ and you will have betrayed His mission.”

footnotes: ⁸⁹ II Chronicles 19:6. These were the words of Jehoshaphat, king of Judah, to the newly appointed judges. ⁹⁰ Jeremiah 22:3. ⁹¹ Numbers 32:23.

AND I COMMANDED YOU AT THAT TIME ALL THE THINGS WHICH YE SHOULD DO. “These are the ten differences between monetary and capital cases.” This is Rashi’s language quoting the Sifre.⁹² 18. See Sanhedrin 32a for these ten distinctions between monetary and capital cases. And if so, Moses is speaking here to the judges [previously] mentioned, and he abridged on the ten differences [by not enumerating them], for they are all deduced from verses. And in line with the plain meaning of Scripture, the reference here is to the statutes and laws, the way wherein they must walk, and the deeds they must perform,⁹³ for he [Moses] personally commanded, warned, and taught Israel all these matters. And the reason for mentioning this [subject] here is because it is known that this was the substance of Jethro’s counsel when he told Moses, Be thou for the people before G-d,⁹⁴, Verse 19. meaning that he was to pray in their behalf in the time of their affliction, and he further told him, And thou shalt teach them the statutes and the laws etc.,⁹³ meaning that he, himself, was to teach them the Torah. But regarding the execution of the law, Jethro advised him to appoint judges to assist him, and I have already explained it there.⁹³ Therefore, Moses related here that when he designated the officers over thousands and hundreds he delegated them only over the execution of justice. He, however, would personally teach them [the people] everything they were to do in accordance with the Torah, because he hearkened to his father-in-law’s counsel and did all that he had said.⁹⁵, Verse 24. Now Moses did not mention Jethro’s advice here, nor did he attribute to him anything that Jethro proposed. It appears to me that Moses did not want to mention it [the fact that he was following his father-in-law’s advice] in the presence of all Israel because of his humility,⁹⁶ or it may be that it would not be to his honor to mention to that generation that he had married a Cushite woman.⁹⁷ It is also possible that the reason [for not mentioning Jethro’s name] was because he had consulted the Divine Glory and this matter was done at the command of the Almighty.⁹⁸ 2: “And Moses hearkened to the voice of his father-in-law and did all that ‘amar’ (he, [i.e. G-d] had said” Exodus 18:24). The Mechilta thus explains the word amar as referring to G-d, and not to Jethro.

footnotes: ⁹² Sifre, Devarim ⁹³ Exodus 18:20. ⁹⁴ Ibid. ⁹³ Exodus 18:20. ⁹³ Exodus 18:20. ⁹⁵ Ibid. ⁹⁶ For people would think that, were it not for Jethro’s counsel, Moses would not have needed any assistance from the other judges. But would he have brought in Jethro’s name into this affair it might have appeared that Moses himself never thought that he would need assistance of other people. Moses humility is thus made apparent when he states his own inability to cope with all the problems of the people (Keseph Mezukak). See further in my Hebrew commentary p. 349. ⁹⁷ Numbers 12:1. — Since in the case of Zimri the son of Salu they chided Moses about the Cushite woman [that he had married before the Torah was given — see Rashi, Numbers 25:6], he therefore avoided referring to it in order to prevent them from stumbling into evil speech (see my Hebrew commentary, p. 533). ⁹⁸ Mechilta, Yithro

AND BRING US BACK WORD OF THE WAY BY WHICH WE MUST GO UP. “There is no road which does not have crooked segments. AND THE CITIES UNTO WHICH WE SHALL COME — first to capture.” This is Rashi’s language. And so it is also stated in the Sifre:⁹⁹ 20. “There is no road which does not have crooked parts. There is no road which does not have traps. There is no road which does not have intersections. And the cities unto which we shall come — so that we may know by which road to come.” That is to say, from which direction we are to come into the Land so that we may capture those cities first. This is as I explained in the section Shelach Lecha¹⁰⁰ that the Israelites requested spies only to show them the way.

footnotes: ⁹⁹ Sifre, Devarim ¹⁰⁰ Numbers, at the beginning of Chapter 13.

AND I TOOK TWELVE MEN OF YOU. He did not praise them as being princes [of their tribes]¹⁰¹, Verse 2. and their being leaders of the children of Israel,¹⁰², Verse 3. for, since they acted wickedly, he would not speak in praise of wicked men.

footnotes: ¹⁰¹ Ibid. ¹⁰² Ibid.

AND THEY SAID: ‘GOOD IS THE LAND WHICH THE ETERNAL OUR G-D GIVETH UNTO US.’ “Who were those who spoke well of the Land? Joshua and Caleb.” This is Rashi’s language quoting the Sifre.¹⁰³ 23. But I wonder. If so, what is this complaint against them [the people]? It was proper that they should believe ten people more than two? Perhaps Moses complained against them: “Since the Holy One, blessed be He, had informed you that it is a good Land, and the leading emissaries and the most righteous among them had also testified to that effect, you should have believed that the others spoke their piece out of lack of courage.” The correct interpretation is as I have already explained there:¹⁰⁴ All the spies admitted before Moses and Aaron and the whole congregation, saying, We came unto the Land whither thou sentest us, and surely it floweth with milk and honey; and this is the fruit of it.¹⁰⁵, Verse 27. Thus they were all in consensus on the goodness of the Land itself, but, with reference to the strength of those nations living there, they melted the people’s hearts. Then, when [the ten spies] saw that Joshua and Caleb were encouraging the people to wage war, the spies came to the children of Israel not in the presence of Moses and they disseminated a slanderous report about the Land to the effect that it is a Land that eateth up the inhabitants thereof.¹⁰⁴ This is [what Moses meant when he stated here], and ye murmured in your tents.¹⁰⁶ clearly indicates that the murmuring was done surreptitiously. The ten wicked spies did not confront Moses with this charge. The people also did not mention this slander in the presence of Moses¹⁰⁷ for he would refute them because they [the spies themselves] did not say so at first [that the Land kills its inhabitants]; instead they admitted that it is a good Land, and surely it floweth with milk and honey.¹⁰⁵, Verse 27. Rather, they said to Moses, Whither are we going up? our brethren have made our heart to melt, saying: The people is greater and taller than we.¹⁰⁷ Therefore, Moses now said to them: “It is true as you say that that people is great and tall, but the Eternal will fight for you¹⁰⁸ according to all that He did for you¹⁰⁹ from Egypt even till now.”¹¹⁰ This, then, is the sense of the verse, Yet in this thing ye do not believe the Eternal your G-d,¹¹¹ which means that the hindrance [to your immediate entry into the Land] was only a result of insufficient faith [you had in G-d]. Thus the whole section is explained in accordance with the simple meaning of Scripture and its purport.

footnotes: ¹⁰³ Sifre, Devarim ¹⁰⁴ Numbers 13:32. ¹⁰⁵ Ibid. ¹⁰⁴ Numbers 13:32. ¹⁰⁶ Verse 27 here. The expression in your tents ¹⁰⁷ In Verse 28, where Moses quotes the words of the people’s complaint. ¹⁰⁵ Ibid. ¹⁰⁷ In Verse 28, where Moses quotes the words of the people’s complaint. ¹⁰⁸ Exodus 14:14. ¹⁰⁹ Verse 30 here. ¹¹⁰ Numbers 14:19. ¹¹¹ Verse 32 here.

ALSO THE ETERNAL WAS ANGRY WITH ME, FOR YOUR SAKES. He is stating: “Behold, the sin you committed then in the affair of the spies withheld from you the good Land, and yet you continued to sin another time [i.e., at the waters of Meribah] until you prevented me as well, from crossing [the Jordan].” For Moses wanted to mention simultaneously that the punishment of all who were prevented from passing into the Land, was caused by their sins. Also in order to mention here the matter of Joshua,¹¹² that he would cross over because he followed G-d wholeheartedly as did his colleague [Caleb],¹¹³ and, therefore, he will yet deserve to cause the second generation to inherit the Land, because Moses was punished and it was decreed upon him that he was not to cross [the Jordan]. Thus Moses mentioned the whole affair [of the spies] except for the death by plague of the spies themselves.¹¹⁴, Verse 37. Nor did he mention the slander [of the spies that the Land eateth up the inhabitants thereof],¹⁰⁴ for he would not speak of the shame of individuals. Instead he reproved the multitude all of whom sinned and all of whom were punished. The meaning of the expression for your sakes [Also the Eternal was angry with me, ‘for your sakes’] is that the children of Israel strove with the Eternal etc.¹¹⁵, 20:13. [at the waters of Meribah], and all this happened because of your quarrel. Or [the expression for your sakes] may allude to the fact that the anger [of G-d] with Moses and Aaron was because — when they hit the rock twice¹¹⁶, Verse 11. in front of the people [instead of speaking to it] and did not do as they were commanded — the people were critical of it.¹¹⁷, Verse 1 (towards end). This is the purport of His words, because ye sanctified Me not in the midst of the children of Israel,¹¹⁸ meaning that the punishment came [not because the sin itself was so grievous, but] because it happened in the midst of the children of Israel that the Glory was not sanctified before their eyes. Thus the Rabbis have also said in the Sifre:¹¹⁹ 340. “Because ye trespassed against Me.¹¹⁸ — you caused [the people] to trespass. Because ye sanctified Me not¹¹⁸ — you caused that I not be sanctified. Because ye rebelled against My commandment¹²⁰ — you caused [the people] to rebel against My commandment.” The Rabbis [in the Sifre] thus interpreted all these expressions as transitional to Israel, [meaning, Moses and Aaron had really not sinned in the affair of the rock, but since their action was misconstrued by the people causing the people to sin, Moses and Aaron were punished]. I have already explained the subject.¹¹⁷, Verse 1 (towards end).

footnotes: ¹¹² Verse 38 here. ¹¹³ Numbers 14:24. ¹¹⁴ Ibid. ¹⁰⁴ Numbers 13:32. ¹¹⁵ Ibid. ¹¹⁶ Ibid. ¹¹⁷ See Ramban ibid. ¹¹⁸ Further, 32:51. ¹¹⁹ Sifre, Ha’azinu ¹¹⁸ Further, 32:51. ¹¹⁸ Further, 32:51. ¹²⁰ Numbers 27:14. ¹¹⁷ See Ramban ibid.

ANACHNU’ (WE) ‘NA’ALEH’ (WE WILL GO UP) AND FIGHT. The purport of the word ‘anachnu’ (we) [when it is already included in the word na’aleh which means “we will go up”] is that “we ourselves” will go up and we will fight, and we will not leave the matter to our children after us, as you [Moses] have said.

AND YE RETURNED AND WEPT BEFORE THE ETERNAL. There [in the Book of Numbers]¹²¹, 14:45. Scripture did not mention this weeping, for there was no need to mention it. But Moses mentioned it now as praise that they regretted their sin, and to tell them that this sin was too great to forgive¹²² because the great oath [of G-d] had already been pronounced, and a Heavenly decree accompanied by an oath cannot be rent.¹²³

footnotes: ¹²¹ Ibid. ¹²² See Genesis 4:13. ¹²³ Rosh Hashanah 18a.