The Israel Koschitzky Virtual Beit Midrash

Special Holiday Shiur
Yeshivat Har Etzion

by Menachem Leibtag

************************************************************** I recommend that you first review Shmot 20:1-15, 23:20-24:14, & 32:1-34:30 before reading the shiur. As usual, you should also follow the shiur with a Tanach Koren handy.] =============================================================

The recitation of the "13 midot ha'rachamim" (God's thirteen attributes of mercy), the central refrain of the Slichot prayers, is often understood as a 'mystical' formula capable of invoking Divine forgiveness. This perception appears to be supported by Rav Yochanan's statement concerning the 13 midot: "va'yavor Hashem al panav va'yikra..." : Rav Yochanan stated ... whenever Am Yisrael sins, they should say before Me these psukim (the '13 midot') and I will forgive them." (Mesechet Rosh Hashana 17b)

Could this perception be correct? Are such 'short-cut'methods for attaining forgiveness consistent with our concept of "teshuva" (repentance)?

INTRODUCTION We are all familiar with God's attributes of Mercy which were revealed when Moshe Rabeinu received the SECOND LUCHOT. However, almost no one notices God's more exacting attributes which were revealed at the time of the FIRST LUCHOT. In order to fully appreciate the significance God's 13 MIDOT of RACHAMIM, the following shiur analyzes these midot, in comparison to God's 'original' midot which were revealed when Bnei Yisrael first received the Ten Commandments at Ma'amad Har Sinai. We must begin our discussion with a review of the events which take place at Har Sinai, focusing on their covenantal nature.

THE FIRST COVENANT - BRIT MA'AMAD HAR SINAI When Bnei Yisrael first arrive at Har Sinai, God proposes that they enter a special COVENANT which will facilitate their development into an "am kadosh" (a holy nation): "Now then, if you will obey Me faithfully and keep MY COVENANT ["ushmartem et briti"]... then you shall become for Me a kingdom of priests and a holy nation" (Shmot 19:5-6)

Because Bnei Yisrael accept this proposition (19:7-8), God gives them the Torah at Har Sinai as part of this Divine covenant. The conditions and details of this special covenant are detailed in the Ten Commandments (20:1-14) and in the additional laws which follow in Parshat Mishpatim (see 20:19->23:33). This covenant is then formalized in an official public ceremony (better known as "brit na'aseh v'nishma"/ 24:1-11). At the conclusion of that ceremony,, Moshe ascends Har Sinai to receive the FIRST LUCHOT - the physical symbol of this covenant (24:12-13). This covenant contains not only the mitzvot which Bnei Yisrael must keep in order to become an "am kadosh", but also the TERMS by which God can punish them should they disobey these commandments. These terms include the details of HOW God will punish or reward Bnei Yisrael, i.e. His attributes.

THE MIDOT OF THE ORIGINAL COVENANT The clearest examples of Divine attributes are found within the Ten Commandments themselves, when God forewarns Bnei Yisrael of their punishment should they disobey Him: (1) Do not worship any other gods... for I am the Lord Your God - KEL KANA - a ZEALOUS God..." (20:3-5)

(2) ...EXACTING PUNISHMENT [not only on he who sins but also] of the father on his offspring - POKED A'VON AVOT AL BANIM - L'SONAI, to those who HATE Him (who disobey His commandments); (20:5) (3) EXACTING KINDNESS (reward) - O'SEH CHESED... L'OHAVAI - to those who LOVE Him, (who obey His commandments). (20:6) (4) Do not mention God's Name in vain, for God will NOT FORGIVE - LO Y'NA'KEH HASHEM - he who says His Name in vain (20:7)

These four attributes found in the Ten Commandments all exhibit the same basic characteristic of what we call "midat ha'DIN" - exacting punishment. Not only do they threaten immediate PUNISHMENT for those who transgress ("l'sonei"), they also assure immediate REWARD for those who obey ("l'ohavei"). Therefore, they reflect a very INTENSE relationship between God and Bnei Yisrael, i.e. a very high level, requiring absolute obedience. This intense MIDAT HA'DIN does not imply only immediate punishment, but also immediate reward. At the conclusion of the mitzvot which follow the Ten Commandments (20:19-23:19), we find, once again, a very similar attribute: (5) "I am sending a 'malach' before you to guard you and to bring you into the Promised Land. Be careful of him and OBEY him, Do not defy him - FOR HE SHALL NOT PARDON YOUR SINS - "KI LO YISAH L'FI'SHEICHEM" - since My Name is with him. [However] should you obey Him and do all that I say - I shall defeat your enemies..." (Shmot 23:20-22)

Again, we find the basic characteristic of exacting punishment - should Bnei Yisrael not follow God; and immediate reward (helping them conquer Eretz Canaan) - should they obey Him. Subsequently, when Bnei Yisrael sin by worshiping the Golden Calf ("chet ha'egel"), God plans to exact immediate punishment - precisely according to these conditions. In the Torah's description of those events, we find yet another attribute: (6) "And now, let Me be, so that I can KINDLE MY ANGER against them - V'YICHAR API BA'HEM - that I may destroy them..." (Shmot 32:10)

The above examples, all reflecting MIDAT HA'DIN, indicate that God expected Am Yisrael to maintain a very high level of spiritual behavior. This level seems to have been necessary in order for Bnei Yisrael to become an "am kadosh". [Note that this intense and close relationship between God and His people parallels the environment found in Gan Eden (see Br.2:16-17 "v'akmal").]

Before continuing with the story of "chet ha'egel", let's summarize these Divine attributes which we have found in the covenant associated with the FIRST LUCHOT, for we will soon compare them to God's attributes in the SECOND LUCHOT.

1) KEL KANA 2) POKED AVON... L'SONAI 3) O'SEH CHESED... L'OHAVAI 4) LO Y'NAKEH 5) LO YISAH L'FI'SHEICHEM... 6) CHARON AF

CHET HA'EGEL / THE COVENANT IS BROKEN As we have shown, according to the terms of the original covenant, immediate punishment was due for Bnei Yisrael's sin at "chet ha'egel" (32:8). God is faced with two alternatives: A) To PUNISH Bnei Yisrael according to these terms, thus leading to their destruction. God will make a nation out of Moshe instead. (See Shmot 32:10.) B) To ANNUL the original covenant, so that its terms will not have to be implemented.

Due to Moshe's petition (32:11-13), God decides not to evoke His anger (32:11-13). Consequently, He must choose the second alternative, which unfortunately requires the ANNULMENT of the original covenant of Har Sinai. [Two subsequent events attest to this annulment: (1) Moshe Rabeinu's decision to break the first "luchot" - the symbol of that covenant (32:15-16). (2) God's demand that Bnei Yisrael remove 'their jewelry' - the symbol of the spiritual level of Har Sinai (33:5-6).]

Although BRIT HAR SINAI had been broken, an earlier covenant between God and Bnei Yisrael remained - "brit Avot". In that covenant, God promised the Avot that their offspring would become a great nation in Eretz Canaan. Moshe Rabeinu reminds God of this covenant (which can NEVER be annulled) in his petition: "Remember Your servants, Avraham, Yitzchak, and Yaakov, your servants to whom YOU SWORE... that their offspring will inherit the Land" . (Shmot 32:13)

The logical, yet unthinkable, conclusion ensues - Goinstructs Moshe to lead Bnei Yisrael to the Eretz Canaan, as He promised the Avot, WITHOUT "brit Har Sinai", and thus WITHOUT the SHCHINAH in their midst: "And God said to Moshe - Set out from here, you and the people which you have brought out of Egypt to the Land which I swore to Avraham, Yizchak, and Yaakov (i.e. "brit Avot")... but I WILL NOT GO IN YOUR MIDST for you are a stiff- necked people, lest I destroy you on the journey" (33:1-3)

Reluctantly, God must fulfill His promise to the Avot, and lead them to Eretz Canaan. However, WITHOUT His Divine Presence. Moshe Rabeinu, unwilling to accept this conclusion, threatens God with a 'sit down strike', imploring that the SHCHINAH must remain with His chosen people: "[and Moshe said:] Unless YOUR PRESENCE WILL GO WITH US do not make us leave this place ("iym ayn pa'necha holchim al ta'aleynu m'zeh"). For how should it be known that Your people have gained Your favor unless You GO WITH US..." (33:12-16)

Moshe's threat leaves God ("k'vayachol") in a most difficult predicament. On the one hand, He can not allow His "shchinah" to remain with the people, for Bnei Yisrael are a stiff necked people. His anger - midat ha'Din - would undoubtedly be kindled against them. On the other hand, he can not leave them in the desert, for BRIT AVOT must be fulfilled!

To resolve this dilemma, God must forge a NEW covenant, a covenant which allows the SHCHINA to remain EVEN THOUGH Bnei Yisrael may sin!

NEW TERMS/ A NEW COVENANT God acquiesces to Moshe Rabeinu's forceful appeal (see again 33:12-16!): "And God told Moshe: I will also do this thing that you request... [Moshe asked...] 'Let me behold Your Presence' (Moshe wants to know HOW God will allow the SHCHINA to dwell). God answered: ' I will pass all my goodness before you, and I will proclaim MY NAME (ha'va'ya) before you, and I WILL PARDON he whom I will pardon and I WILL HAVE MERCY on he to whom I give mercy (v'chanoti et asher achon, v'richamti et asher arachem")... (33:17-19)

At NIKRAT HA'TZUR God informs Moshe concerning his NEW attributes - He will grant MERCY in certain situations, which will thus allow Bnei Yisrael a 'second chance'. However, this statement comprises only God's answer to Moshe's question. Before they become effective, these new attributes must be formalized in a NEW covenant, one that will replace the original covenant which had been broken. Just as the terms of the original covenant required an official proclamation and ceremony on Har Sinai, so too the terms of this new covenant. Thus, a formal ceremony, PARALLEL to Ma'amad Har Sinai, is necessary. Moshe, once again, must ascend Har Sinai (see 34:1-5 and its parallel in Shmot 19:20-24) to receive the SECOND LUCHOT. In this new covenant, there is no reason to change the mitzvot. They obviously remain the same as before, for by keeping them Bnei Yisrael become an "am kadosh". God's attributes, however, MUST change. Therefore, in this SECOND Ma'amad Har Sinai, we do not find the mitzvot. Rather, in the parallel event, precisely at the moment when the "dibrot" should be proclaimed, we find instead the proclamation of God's NEW midot: "And God came down in a cloud ("vayered Hashem b'anan") ... and God passed before him and proclaimed: ' Hashem, Hashem kel rachum v'chanun, erech apaiim v'rav chesed v'emet ....(the 13 midot)"... (Shmot 34:5-8)

Based on this explanation and background, we can now appreciate the precise choice of the words which describe God's attributes of Mercy.

THE CONTRAST BETWEEN THE ATTRIBUTES The following table, followed by a more detailed explanation, compares the attributes found in the original covenant (FIRST LUCHOT) to those of the new covenant (SECOND LUCHOT).

FIRST LUCHOT SECOND LUCHOT -------------- -------------- 1) kel KANA kel RACHUM V'CHANUN 2) POKED AVON... L'SONAI POKED AVON AVOT AL BANIM... 3) O'SEH chesed l'alafim RAV chesed V'EMET ... L'OHAVAI NOTZER chesed l'alafim... 4) lo y'nakey V'NAKEH, lo y'nakeh 5) LO YISAH L'FISHEICHEM NO'SAY AVON V'FESHA... 6) CHARON AF ERECH A'PAYIM

[ The detailed comparison will follow the order of the thirteen midot.]

SECOND LUCHOT FIRST LUCHOT -------------- -------------- HASHEM KEL RACHUM V'CHANUN --> (1) HASHEM KEL KANA rachum v'chanun based on 33:19 (see above) a MERCIFUL God as opposed to a ZEALOUS God

ERECH A'PAYIM --> (6) CHARON AF SLOW to anger as opposed to INSTANT anger

RAV CHESED V'EMET --> (3) O'SEH CHESED... L'OHAVEI ABOUNDING kindness for all, potentially even for the wicked (allowing the possibility of "rasha v'tov lo") as opposed to EXACTING kindness limited to those who obey Him. [Note that the midah of "emet" is now required, for this abounding kindness for all must be complemented by the attribute of truth to assure that ultimate justice will be done.]

NO'TZER CHESED L'ALAFIM --> (3) O'SEH CHESED L'ALAFIM... L'OHAVEI He STORES His kindness, so that even if it were not given immediately, there will be an ultimate reward (allowing the possibility of "tzadik v'rah lo"), as opposed to IMMEDIATE kindness and reward.

NO'SAY AVON V'FESHA... --> (5) LO YISAH L'FISHEICHEM ... FORGIVING sin as opposed to NOT FORGIVING sin.

V'NAKEH, LO Y'NAKEH --> (4) LO Y'NAKEH SOMETIMES He will forgive, sometimes not (see Rashi, forgives those who perform t'shuva) as opposed to NEVER forgiving.

POKED AVON AVOT AL BANIM... --> (2) POKED AVON... L'SONEI He WITHHOLDS punishment for up to four generations (in anticipation of t'shuva) as opposed to EXTENDING punishment for up to four generations. (Even though these two phrases are almost identical, their context forces this interpretation. See Rashi and other m'forshim.)

These striking parallels demonstrate that each of the "13 midot" lies in direct contrast to the "midot" of the original covenant at Har Sinai. These Divine attributes of mercy allow the "shchinah" to dwell within Yisrael even though they may not be worthy. MIDOT HA'RACHAMIM allow man to approach God and thus develop a close relationship, without the necessity of immediate punishment for any transgression.

CONCLUSION This interpretation adds special meaning to our recitation of these "midot ha'rachamim" when we say SLICHOT, for they comprise much more than simply a mystical formula. By reciting these MIDOT, we must remind ourselves of the special conditions of the covenant of the SECOND LUCHOT. God's attributes of mercy, as we have shown, DO NOT GUARANTEE automatic forgiveness. Rather, they ENABLE THE POSSIBILITY of forgiveness. As the pasuk stated, God forgives only he whom He chooses ("et asher a'chon... v'et asher arachem" /33:19). To be worthy of that mercy, the individual must prove his sincerity to God, while accepting upon himself not to repeat his bad ways. Thus, our recitation of the "13 midot" must remind us that even though God's MIDOT HA'RACHAMIM exist, they are NOT automatic. Indeed they allow man the POSSIBILITY for forgiveness, however, they must also remind us that we must prove our WORTHINESS to become recipients of this Divine Mercy. Their recitation should encourage us to perform proper teshuva, in anticipation of God's special day of Mercy - Yom ha'Kippurim. shabbat shalom u'gmar v'chatima tova menachem

----------------------------------------------- FOR FURTHER IYUN

A. Based on this shiur, attempt to provide an alternate explanation of Rav Yochanan's statement in the gemarah in Rosh Hashanah (17b). "brit kruta l'shlosh esray midot, sh'eynan choz'rot ray'kan, sh'ne'emar: hinei anochi koret brit" 1. Make note of the phrases in the gemara: "ilamei katuv, iy efshar l'omro" & "YA'ASEH k'seder hazeh"

B. As the new covenant allows for mercy, the perception of God becomes less clear. While the first covenant boasted a clear relationship of "panim el panim" (face to face/ 33:11), this new covenant, even to Moshe, is represented by a "face to back" relationship: "But, He said, you can not see my face ... Station yourself on the Rock as My Presence passes by ... you will see my back, but My face must not be seen."["LO Tuchal l'rot PANEI - ki Lo Yirani Hadam Vchai -... vRa'ita et ACHOREI - uPANEI LO Yi'rau.] (33:20-23)

This new Level has a clear advantage, midat ha'rachamim - however there is still a price to pay - the unclarity of Hashem's Hashgacha. No longer is punishment immediate, however reward may also suffer from delay. Hashem's "hashgacha" becomes more complex and now allows apparent situations of "Tzadik v'Rah lo- rasha vTov lo." 1. See chazal's explanation of "ho'diena na et drachecha" (33:12) How does this relate to our explanation. 2. As communication is clearer when talking face to face with someone as opposed to talking to someone with his back turned, attempt to explain the symbolism of the above psukim. 3. Why must Moshe Rabeinu also go down a level in his n'vuah?

C. The second luchot are carved by man, and not by God. 1. Attempt to relate this requirement based on the nature of the "brit 13". 

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