Kedaat Moshe VeYisrael

Yadayim (4:8) | Yisrael Bankier | 3 years ago

The last perek begins by discussing the gezeira (decree) that applied to kitvei kodesh. People were concerned that their terumah would become tameh. They thought that the best place to keep it safe was in the aron ha'kodesh along with other sefarim. Unfortunately, the practice invited rodents that would not only feast on the terumah, but also destroy the sefarim. The Chachamim therefore decreed that kitvei kodesh and hands that touched them, would be considered a sheni le'tumah. A sheni le'tumah invalidates terumah, so the gezeira was effective in putting a stop to this practice.

The Mishnah (4:6) explains that the tzedukim, a group that did not believe in the oral law, took issue with the gezeira and records the debate they had with the Perushim (Chachamim). The Mishnah continues be recounting other debates between with the tzedukim and Chachamim. The final Mishnah however records a different debate with a Tzeduki from the Galil. We shall try to understand that debate.

The Tzeduki questioned that Chachamim could record the secular ruler and Moshe Rabbeinu in a get (divorce document) and mention the ruler first. The Bartenura explains that when dating the get, they would write the year according to year of the rein of the current king. The Tifferet Yisrael explains, that this was done for shalom malchot -- for the sake of peace with the ruling king. The Bartenura continues that at the end of the get they would also write "kedaat Moshe Ve'Yisrael" -- that the get was according to the religious practice of Moshe and Yisrael. The Tzeduki felt that this was a slight on the honour of Moshe to structure the document in this manner.

The Chachamim responded that the Torah records Paro before Hashem: "And Paro said, who is Hashem that I shall listen to His voice and send [out] Bnei Yisrael?" The Tifferet Yisrael writes that the Chachamim explained that the order the names are recorded is not significant if the context makes sense. The answer of the Chachamim appears obvious. What then was the Tzeduki's real problem?

The Mishnah Achrona suggests that it was related to the laws of a get. The Tzeduki took issue with the fact that the Chachamim gave equal importance to the presence of the king and Moshe in the get. If either are missing the get is invalid. The response of the Chachamim was that the same is true in the Torah, one word, even the name of Paro would invalidate the Torah.

The Maharsha however understands that the debate is even more charged. In the Maharsha's reading of the Mishnah the antagonist is a "Min Galili". The Maharsha explains that while in the other Mishnah the antagonist was a tzeduki, now it is a min. The Maharsha, citing Rashi, explains that a min was a student of the individual that believed that the Torah was given by Hashem, yet it was not eternal and was to be supplanted.

The Perushim therefore recorded in the most important documents that it was keda'at Moshe ve'Yisrael. This was especially important in a time when they were under foreign control and dated their documents according to their reign. It stood as a rejection of this new philosophy and asserted that the laws of the Torah were eternal, applying even when under foreign control.

The Min therefore mocked the initiative framing it as disrespectful. The Maharsha therefore explains that the Chachamim's choice of pasuk to counter the claim was deliberate and sharp. There are many pesukim in the Torah where an individual is recorded before the name of Hashem. Yet the Chachamim chose the pasuk where the adversary, who believed in many gods, was rejecting the name of Hashem that asserts the Oneness of Hashem.

The Mishnah ends with the pasuk the records that after Paro was struck by Hashem, he admitted "indeed Hashem is the Tzadik". The Bartenura explains that this part of the Mishnah is included so that the masechet would end on a positive note. The Maharasha however explains that this was part of the conversation. The Chachamim said to the min, there will come a time where you, like Paro, will be struck and admit that indeed Hashem is One. "Bayom ha'hu yiheye Hashem echad...".

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