By Rabbi Daniel Reich
LA JOLLA, California — The giving of the Torah at Mount Sinai, the momentous event known as Matan Torah, holds a singular place in the annals of world history. As Rabbi Dr. Michael Rosensweig said, “The greatest moment and most important event in history was not the creation of the world but the Revelation of the Torah.” However, the Torah’s narrative regarding the events leading to the acceptance of the Torah at Mount Sinai through Moshe Rabaynu is somewhat ambiguous, leaving scholars and commentators grappling with the persistent question: what precisely occurred?
The Torat Kohanim asserts that the entirety of the Torah, with all its details and applications, was given at Mount Sinai. Rashi (1040-1105) supports this viewpoint, citing the Torat Kohanim. Nevertheless, within Rabbinic literature, conflicting perspectives emerge. Talmud Bavli in Tractate Sotah (Daf 37b) offers an alternate viewpoint, with Rabbi Yishmael suggesting that principles were given at Sinai, and details at ‘Ohel Moed,’ while Rabbi Akiva contends that both principles and details of Torah law were given at Sinai, reiterated at Ohel Moed, and again at ‘Arvot Moav.’
To delve deeper into this discourse, the Ramban (1194-1270) provides insights into the use of “Har Sinai” and “Midbar Sinai” in the Torah. According to the Ramban, both principles and details of Torah law were given at Mount Sinai. However, at Ohel Moed (in the Sinai Desert), the laws and their explanations were reiterated. The Ramban acknowledges that this interpretation is homiletical, and a straightforward approach suggests that some commandments were given at Mount Sinai while others were given at Ohel Moed.
Expanding the discussion, certain passages even suggest that not only was the Torah law given at Mount Sinai, but also the Rabbinic Law. An example is found in the Talmud Bavli Tractate Brachos (Daf 5a). “Rabbi Levi bar Chama said in the name of Reish Lakish: It is written: ‘I shall give you the stone Tablets, the Torah, and the commandments which I have written, to teach them.’ The ‘Tablets’ refer to the Ten Commandments. The ‘Torah’ refers to Scripture. ‘The commandments‘ refer to the Mishnah. ‘Which I have written‘ refers to the Prophets and the Writings. ‘To teach them‘ refers to the Talmud. This verse teaches us that all this was given to Moshe by Mount Sinai.” This Talmudic passage clearly indicates that the entire Torah, including rabbinic institutions, was transmitted to Moshe at Mount Sinai.
The Rambam (Maimonides, 1135-1204) adds complexity to the matter of determining what transpired at Mount Sinai. The Rambam’s position on the issue appears ambiguous, with contradictions evident in different Maimonidean sources. In some works, the Rambam asserts that all the Mitzvos (commandments) and interpretations were given at Mount Sinai, while in other writings, he seems to suggest that all the Mitzvos were given at Mount Sinai but not all interpretations.
Firstly, in the Rambam’s Introduction to Perek Chelek, he lists the 13 principles comprising the Jewish religion. In principle #8, he writes, “Principle VIII is that the Torah is from God. This is the belief that the entire Torah was given to Moshe and that it is all from the mouth of God. Meaning that he received it entirely from God… He was like a stenographer that you read to him and he writes all that is told to him: all the events and dates, the stories, and all the commandments… And similarly, the explanation of the Torah was also received from God and this is what we use today to know the appearance and structure of the Sukka and the Lulav and the Shofar, Tzitzit, Tefillin and their usage. The entire Torah God said to Moshe and Moshe told us…” This aligns with the approach that the Torah Law, along with all explanations and understandings, was given to Moshe at Mount Sinai.
The Rambam also writes in his Sefer HaMitzvot, “These are the 613 commandments that were said to Moses at Sinai, their principles and details, and all of these principles and the details and the explanations of each individual commandment are the Oral Torah that was passed down from courthouse to courthouse.” Again, the Rambam takes a firm stand, asserting that the Torah was given in its entirety at Mount Sinai.
However, the confusion arises as the Rambam appears to contradict himself in other writings. For instance, certain Maimonidean sources suggest that all the Mitzvot were given at Mount Sinai, but not all interpretations were given at Sinai. The Rambam explicitly states this latter approach in Sefer HaMitzvot Shoresh II, “…That which the Sages learn from a deduction made from one of the principle rules for elucidating the Torah, was not said to Moses on Mount Sinai.”
While the Rambam’s stance may seem inconsistent and puzzling, a comprehensive understanding of the topic of “what happened at Mount Sinai,” including interpreting the Rambam’s approach, becomes clearer when examined in light of the Rambam’s comments from his Introduction to The Mishnah. There, the Rambam categorizes Torah law into five distinct categories: 1) Peirushim HaMekubalim (accepted understandings of the Torah); 2) Halacha L’Moshe M’Sinai (Laws given to Moses from Sinai); 3) Halachos that are learned from Sevarah/interpretation; 4) Gezeirot and Takanot (a Rabbinic decree made to preserve and/or protect a Torah law); and 5) Minhagim (Rabbinic institutions to improve society). Let’s explain each one:
- “Peirushim HaMekubalim” are all unanimously accepted interpretations of the Torah: The Rambam contends that all “Peirushim HaMekubalim” are undisputed, with no historical debate. For example, in the laws of damages “an eye for an eye” is universally understood as an obligation to compensate for the value of a damaged eye, not to exact physical retribution. Similarly, when the Torah prescribes obtaining the four species for Sukkot, it is accepted that “the fruit of goodly trees” refers to an Etrog, “branches of palm-trees” to a Lulav, etc. These, according to the Rambam, fall under the category of “Peirushim HaMekubalim.” These Mitzvot, says the Rambam, were communicated directly from Moses at Mount Sinai, and these are the Mitzvot that our sages refer to as “All the commandments that were given to Moshe at Sinai were given together with their interpretation.”
- “Halacha L’Moshe M’Sinai” comprises laws given to Moses at Sinai: The Rambam distinguishes sharply between “Peirushim HaMekubalim” and “Halacha L’Moshe M’Sinai,” stating that while “Peirushim HaMekubalim” are undisputed interpretations of the Torah, “Halacha L’Moshe M’Sinai” are not interpretations but laws presented to Moses at Sinai, lacking textual basis in the Torah (i.e. the color and shape of Tefillin).
- The third category encompasses Halakhot derived from Sevarah/interpretation: These laws are independently deduced using the thirteen ways to interpret a verse in the Torah. Consequently, laws in this category are subject to discussion and debate as there is no tradition from Sinai for these laws, other than the principles of deduction themselves. The Rambam refutes the notion that all laws, including those deduced through interpretation, originate from Sinai. He argues that such an understanding would imply that all disputes in the Talmud arise from forgetfulness, disrupting our Mesorah (tradition). Therefore, the Rambam contends that Peirushim HaMekubalim and Halacha L’Moshe M’Sinai are the only categories of Torah law that come directly from the revelation at Sinai and cannot be refuted.
- The next category is Gezeirot/Takanot, which are rabbinic decrees designed to preserve and protect a Torah law.
- The final category of Torah law is Minhagim (customs).
Hence, when the Rambam addresses the question of “what transpired at Mount Sinai?” he makes a crucial distinction between the Torah given at Mount Sinai and the subsequent developments in Torah law made by our sages throughout the generations. According to the Rambam, all Peirushim HaMekubalim and Halakha L’Moshe M’Sinai were given to the nation at Mount Sinai in their complete form. However, the last three areas of Jewish law – Halachot derived from interpretation, Gezeirot/Takanot, and Minhagim – evolved with the progress of Jewish history, shaping the Halacha as we know it today. Therefore, when the Rambam asserts in his introduction to the Book of Mitzvot is that the Torah was given with all of its interpretations and applications, he refers only to Peirushim HaMekubalim and Halacha L’Moshe M’Sinai. However, in other sources when the Rambam suggests that the entire Torah was given at Mount Sinai exclusive of all interpretations, he addresses the last three categories of Torah law. Anything derived from the thirteen principles for interpreting the Torah, Gezeirot/Takanot, and customs was not given at Mount Sinai, while Peirushim HaMekubalim and Halacha L’Moshe M’Sinai were given at Mount Sinai.
In conclusion, the literature cited above demonstrates that the discussion regarding “to what extent were the Mitzvos given at Sinai?” has persisted through the ages, with no definitive answer. Rabbi Avrohom Yeshayahu Karelitz, in his magnum opus titled “Chazon Ish,” emphasizes that this question is not easily answered, and arriving at a clear and undeniable truth regarding what precisely occurred at Mount Sinai is a very difficult task.
Nevertheless, it is evident that the Torah received at Har Sinai over 3000 years ago has not only shaped our conduct throughout millennia but also served as the anchor for our relentless pursuit of truth. The significance of this event resonates through time, commemorated not only on every Shavuot and every Parshat Yitro but also every day, with hours on end dedicated to delving into the Torah’s endless wellspring of wisdom. In every class and chavrusa, even here in La Jolla, the Torah maintains its continued relevance and impact, offering us life itself!
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Rabbi Daniel Reich is spiritual leader of Congregation Adat Yeshurun in La Jolla