Parshat Matos Masei 5778
Rabbi Jablinowitz
We read this week two parshiyot, Matos and Masei. The beginning of the first parsha and the end of the second parsha begin with Moshe Rabbeinu stating the same words. Parshat Matos begins with the parsha of Nedarim, and Moshe begins by teaching the heads of the tribes, Zeh HaDavar Asher Tzivah Hashem. And the end of parshat Masei the tribe of Menashe Ben Yosef complain that if their women marry outside their tribe, their children will inherit their land causing their tribal land to go over to another tribe. Moshe begins teaching his response to them with the words (Chapter 36, Pasuk 6) Zeh HaDavar Asher Tzivah Hashem. What is the significance in that these same words, Zeh HaDavar, begin parshat Matos and end parshat Masei?
Before Moshe Rabbeinu uses the words Zeh HaDavar Asher Tzivah Hashem, he says Kein Mateh Bnei Yosef Dovrim, the tribe of the sons of Yosef is correct. This statement parallels what we read in last week's parsha when the daughters of Tzalafchad approach Moshe and ask him for a portion. The Torah says (Chapter 27, Pasuk 7), Kein B'nos Tzlafchad Dovros, Hashem acknowledges that the daughters of Tzalafchad were correct, similar to Moshe acknowledging the correct statement of the members of tribe of Menashe. However, Rashi quotes statements of Chazal praising the daughters of Tzalafchad for Hashem agreeing with them. However, in our parsha no special mentioned is made by Rashi concerning the correctness of the statement of Bnei Menashe. What is the reason for this distinction?
The Mishnah in Ta'anis 26B teaches in the name of Rabban Shimon Ben Gamliel, Lo Hayu Yamim Tovim L'Yisrael K'Chamisha Asar B'Av V'Yom HaKippurim. There were no greater days for the Jewish people than the fifteenth of Av and Yom Kippur. The Gemara on 30B in searching for the significance of the fifteenth day of Av brings the opinion of Rav Yehuda who taught in the name of Shmuel that this was the day the tribes were allowed to marry each other. Moshe taught the tribe of Menashe at the end of our parsha that their women who inherited land from their father must marry only within their tribe. But we learn from the words Zeh HaDavar that this was only a temporary ruling for their generation. And when all the tribes were able to intermarry with each other this was a day of great joy, and this joyous day was Chamisha Asar B'Av.
We have taught in the past, most recently in parshat Balak, the uniqueness of the prophecy of Moshe Rabbeinu. Rashi brings on the first pasuk in parshat Matos that all the prophets prophesied with the words Ko Amar Hashem. Moshe Rabbeinu, in addition to prophesying with the words Ko Amar Hashem, also prophesied with the words Zeh HaDavar. All the prophets prophesied by interpreting and explaining a vision they received from Hashem. This is the meaning of the words Ko Amar Hashem; this is how I am explaining what Hashem said. But when Moshe used the words Zeh HaDavar, they were the exact words of Hashem. It was as if Hashem was speaking through the mouth of Moshe Rabbeinu, Shechinah Medaberes Mitoch Gerono.
Moshe Rabbeinu taught Bnei Yisrael Torah Shebichsav. The teaching of Moshe, Toras Moshe, is eternal and never changes. Torah Shebe'alpeh, however, includes temporary injunctions and appropriate changes when necessary as long as they are within the framework of Halacha.
We asked above why both the parsha of Nedarim and the parsha of Bnei Yosef begin with the words Zeh HaDavar. Rav Tzadok teaches that they share a common denominator; they both are temporary and not fixed, which sets them apart from the rest of the eternal Torah taught by Moshe Rabbeinu. The laws of Nedarim depend on the needs of the individual. What a person prohibits upon himself and for how long are determined by him based on his individual needs. And the law taught to the Bnei Yosef prohibiting intermarriage outside the tribe was just for their generation. They were not part of the regular eternal Torah Shebichsav.
This is why they begin with Zeh HaDavar; these are the actual words of Hashem speaking through the mouth of Moshe. They are closer to Torah Shebe'alpeh in that they are temporary and do not objectively apply to all. Hashem felt it necessary to make these changes and conditions. But they are not Moshe's words for all the words of Moshe are Torah Shebichsav, eternal and never changing.
This is why Rashi comments by the laws of Nachalah taught through Bnos Tzalafchad, Ra'asah Eiynan Mah Shelo Ra'asah Eino shel Moshe. They saw that which Moshe wasn't able to see. These laws of Nachalah, that a daughter inherits when there is no son, is part of the eternal Torah Shebichsav. They had an insight that Moshe had missed. But when the laws of not intermarrying between tribes is taught as a result of the question of Bnei Yosef, and the parallel term of Kein Bnei Yosef Dovrim is used, this comment is omitted. Rashi doesn't praise the tribe of Menashe as having an insight that was lacking by Moshe Rabbeinu. This is because their law was a temporary one just for their generation, and as such, wasn't really part of the Torah Shebichsav of Moshe Rabbeinu.
Good Shabbos
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