by Zvi Akiva Fleisher
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OROH V'SIMCHOH - MESHECH CHOCHMOH ON PARSHAS V'ZOSE HABROCHOH - BS"D
Another question comes to mind on the explanation of the Meshech Chochmoh. If indeed the nations would remain bound in any case to the commandments to not commit murder, adultery, and theft, why indeed did they not accept the Torah? As a matter of fact it would have made matters more lenient for them. For example, for the bnei Yisroel who accepted the Torah, to be punished by the court for murder or adultery there is a prerequisite that the perpetrator must be warned just before committing the crime that he is about to commit a sin and be advised of the exact form of punishment meted out for it. As well, two witnesses are required to testify in court who go through a very rigorous interrogation, often being disqualified. This is not so for a ben Noach. It is sufficient to have only one witness, to have no warning, and even if there is an element of lack of intentionally doing the act, the perpetrator is culpable for the death penalty. There are other stringencies as well, but let this suffice.
I heard this question raised by MVRHRH"G R' Yaakov Kamenecki zt"l. He answered that the idea of accepting the mitzvos is not only to do the positive acts and to refrain from the prohibitions, but to train oneself to be a Torah personality. That "Lo sirtzoch" should not only mean "thou shalt not kill" but to so resonate in a person's total being to the point that it also means "thou shalt not be a killer," so that the idea of committing murder is totally foreign to one's nature. This level of change in their essence the nations of the world could not accept.
It seems that according to the words of the Rambam in Shmonoh Prokim #6 that was written about in length in Sedrah Selections parshas K'doshim 5759 that this concept only applies to mitzvos that a person would live by even if the Torah had not mentioned them, "mishpotim," but not regarding "mitzvos mashmios," as the Rambam describes statutes, "chukim."
According to the insight of MVRHRH"G R' Yaakov Kamenecki it is well understood why the bnei Yisroel were told to prepare for 49 days for the receiving of the Torah. Seemingly this should not have been required, as the Ten Commandments were basically precepts of basic human understanding. Did the pagan nations make major preparations before writing into their law books to not commit murder, adultery, testify falsely, etc.? However, once preparation for the Torah involves total character subordination to the precepts it is very well understood why much preparation was required.
33:4 "Torah tzivoh lonu Moshe" - The Rambam in his list of negative mitzvos lists as the first, second, fifth, and six mitzvos "Lo y'h'yeh, Lo saa'seh l'cho fessel, Lo sishtacha'veh, and V'lo so'ovdeim." The Ramban says that all of these are to be considered one mitzvoh. He proves this from the gemara Makos 23b-24a that derives from the words "Torah tzivoh lonu Moshe" (Dvorim 33:4) that Moshe taught the bnei Yisroel 611 mitzvos, the numeric value of the word TORAH, while the TWO mitzvos "Onochi" and "Lo y'h'yeh," the bnei Yisroel heard directly from Hashem, giving us a total of 613 mitzvos. If we count the negative commands that are found in the verse that begins with "Lo y'h'yeh" as separate mitzvos, we have a total of five mitzvos that we heard directly from Hashem. This leaves us with only 608 mitzvos that we heard from Moshe, totally contrary to the words of the gemara. The Ramban, in asking his question, assumes that along with "lo y'h'yeh" we must include the complete verse with the cantellations of "taam ho'elyone" as being heard directly from Hashem or this complete parsha until the next paragraph space. Indeed, the Megilas Esther, a commentator on the Sefer Hamitzvos l'hoRambam, answers the Ramban's difficulty by saying that only the first words of the verse "Lo y'h'yeh" were heard directly from Hashem, leaving us with only two mitzvos, "Onochi" and "Lo y'h'yeh."
However, the Meshech Chochmoh gives a most interesting answer based on the words of the Rambam himself, in Moreh N'vuchim 2:33. The Rambam writes that hearing "Onochi" and "Lo yi'h'yeh" does not mean that the bnei Yisroel actually heard the words of these two mitzvos articulated. Rather, they heard a most awesome celestial sound.
(Perhaps this is indicated in Dvorim 4:12, "Kole dvorim a'tem shomim," - You hear a voice of words, but not the words themselves. Another allusion to this might be in Dvorim 4:35, "Atoh horeiso lodaas," - You were SHOWN to know, but did not hear it, since the verse does not say "Atoh SHOMATO lodaas," "ki Hashem hu ho'Elokim," this is "Onochi," ein ode milvado, this is "Lo y'h'yeh.")
The sound emanating from heaven left the bnei Yisroel with the clear knowledge that "Onochi" and "Lo yi'h'yeh," - I am your G-d and there shall be no other besides me. This is what is meant by the gemara Makos. Since they did not grasp the other three mitzvos from this sound, only two were heard (understood), and Moshe taught them 611 mitzvos including the three following "Lo yi'h'yeh." Moshe, on the other hand, was able to discern the actual words conveyed with the sound and heard the articulated five mitzvos in the verse of "Onochi."
34:1 "Va'ya'eihu Hashem es kol ho'oretz" - Although Moshe sinned and did not merit to enter Eretz Yisroel, he was not included in the statement "v'chol m'naatzai lo yiruhoh," - and all who anger Me will not merit to SEE it(Bmidbar 14:23). To clearly differentiate between Moshe and the generation that accepted the words of the spies, Hashem showed Moshe the land. He at least merited to SEE it. (MESHECH CHOCHMOH)
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