CHAPTER XLVI MOSES ON THE MOUNT [64A. ii.] RABBI ELAzAR, son of 'Azariah, said: On Friday, || on the 6th of the month, [ See supra, p. 318; and cf. Mekhilta, Jethro iii. p. 63b; T.B. Sabbath, 86b and 88a; Book of Jashar lxxxii. 6; Pal. Targum to Ex. 19:16; and cf. Roḳeach, 296.] at the sixth hour of the day, Israel received the Commandments. [ i.e. at 12 o’clock noon; the day begins at 6 a.m.; see Tosephta ‘Arakhin 1:9, p. 543.] At the ninth hour of the day they returned to their tents, and the Manna was prepared for them for two days, [ For Friday and Sabbath.] and Israel rested on that Sabbath full of joy as (with) the joy of the festival, because they were worthy to hear the voice of the Holy One, blessed be He, as it is said, "For who is there of all flesh, [ The quotation ends here in the MS.; in the first editions it is continued up to “living God.”] that hath heard the voice of the living God speaking out of the midst of the fire, as we have, and lived?" (Deut. 5:26). The Holy One, blessed be He, said to Moses in a pure expression of speech: [ i.e. an elegant expression, euphemism. “Tent” signifies the wife who is to be found in the tent. This is wanting in MS. Gaster.] Go, tell the children of Israel, that for My sake they should return to their tents, (as it is said, [ “As it is said” is wanting in the MS.; it occurs in the first editions.] ) "Go, say to them, Return ye to your tents" (ibid. 30). It is possible that even thou (Moses) shouldst return. Hence thou mayest learn that from the hour when Moses brought down the Torah to Israel, he did not approach his wife, [ See Rabbinic Philosophy and Ethics, p. 270, where in note 2 it is pointed out that the Church Father Aphraates knew this legend.] as it is said, "But as for thee, stand thou here by me" (ibid. 31).
Rabbi Joshua, son of Ḳorchah, said: Forty days was Moses on the mountain, reading the Written Law by day, and studying the Oral Law [ Lit. “Mishnah.” See Shocher Ṭob on Ps. 19:7, p. 83b.] by night. After the forty days he took the tables (of the Law) and descended into the camp on the 17th of Tammuz, [ See Mishnah Ta‘anith, 26b.] and he broke in pieces the tables, and slew the sinners [ See Nachmanides, Commentary on Ex. 33:7. Asheri at end of T.B. Rosh Ha-Shanah reads: “the Levites slew the Israelites.” The first editions read לייטי.] in Israel. He then spent forty days in the camp, until he had burnt the calf, and powdered it like [ See supra, p. 356, n. 12. The first editions read: “in the dust.” Luria’s text reads: “like the dust.”] the dust of the earth, [ The first editions and MS. Gaster add: “and he had slain everyone who had kissed the calf.”] and he had destroyed the idol worship from Israel, [ Cf. T.B. ‘Abodah Ẓarah, 44a.] and he instituted every tribe in its place. And on the New Moon of Ellul [ Asheri (loc. cit.) considers the reading in our text to be faulty. Moses was three times on Mount Sinai, each time forty days. On the 18th of Tammuẓ he ascended the second time and descended on the 29th of Ab. See Seder ‘Olam Rab. 6 p. 15a; Midrash Agadah, Ex. p. 185; Tanchuma, Ki Thissa, § xxxi.; Leḳach Ṭob, Ex. p. 103b; and cf. Tosaphoth on T.B. Baba Ḳamma, 82a, catchword, “In order that.” Nachmanides, Comm. Ex. loc. cit., also disputes our author. See also Roḳeach, 208; Tanna de bê Elijahu Ẓuṭṭa, iv. p. 178; and Jalḳuṭ, Ex. § 391.] the Holy One, blessed be He, said to him: "Come up || to me on the mount" (Ex. 24:12), and let them sound the Shophar (trumpet) throughout the camp, for, behold, Moses has ascended the mount, so that they do not go astray again after the worship of idols. The Holy One, blessed be He, was exalted [ The first editions read: “on that day and with that Shophar.”] with that Shophar, as it is said, "God is exalted [ R.V. gives “gone up.”] with a shout, [ The quotation ends here in the MS.; in the first editions it is continued.] the Lord with the sound of a trumpet" (Ps. 47:5). Therefore the sages instituted that the Shophar should be sounded on the New Moon of Ellul every year. [ See Ṭur, Orach Chayyim, 581). Therefore the sages instituted that the Shophar should be sounded on the New Moon of Ellul every year. [ See Ṭur, Orach Chayyim, 581, which reads: “every year and during all the month.” See Menorath Ha-Maor, § 290, and Jarchi’s Manhig, 24.] ]
Rabbi Tachanah [ Cf. infra, p. 430.] said: The tables (of the Law) were not created out of the earth but out of the heavens, the handicraft [ Cf. Ps. 102:25, for phraseology. See Leḳach Ṭob, Ex. p. 102a, and Jalḳuṭ, Ex. § 392.] of the Holy One, blessed be He, as it is said, "And the tables, the work of God were they" (Ex. 32:16). They are the tables which were of old, [ “Miḳḳedem” probably refers in our book to premundane creation; see supra, p. 11. The text of the verse Ex. 32:16 continues: “And the writing was the writing of God, graven upon the tables.”] "and the writing" was divine writing; that was the writing which was of old, "graven [ This word only is given in the MS.; the first editions continue the quotation.] upon the tables." Do not read Charuth, "graven," but (read) Chêruth, "liberty." [ See T.B. ‘Erubin, 54a. The meaning of the Haggadah is: You are free if you observe the Torah. See Aboth 6:2; and Aboth de R. Nathan (a) ii. p. 5b.] When the Holy One, blessed be He, said to Moses: "Hew thee two tables of stone [ Thus far the quotation in the MS. and in the first editions.] like unto the first" (ibid. xxxiv. 1), a quarry of sapphires [ See T.B. Nedarim, 38a.] was created for Moses in the midst of his tent, [ See Siphrê, Num. § 101; Lev. Rab. 32:2; Eccles. Rab. to Eccles. 9:11, and x. (end).] and he cut them out (thence), as it is said, "And he hewed two tables of stone like unto the first" (ibid. 4). Moses descended with the tables, and spent forty days on the mountain, sitting down before the Holy One, blessed be He, like a disciple who is sitting before his teacher, [ See T.B. Megillah, 21a.] reading the Written Law, and repeating the Oral Law which he had learnt.
The ministering angels said to him: Moses ! This Torah has been given only for our sakes. [ See T.B. Sabbath, 88a, with reference to the first tables; here in our book the second tables are considered.] Moses replied to them: It is written in the Torah, "Honour thy father [ Thus far our MS. text; the first editions read till “mother.” See Pesiḳta Rabbathi, p. 98a.] || and thy mother" (ibid. xx. 12). Have ye then father and mother? Again, it is written in the Torah, "When a man dieth in the tent" (Num. 19:14). Does death happen among you? [ The first editions add: “(The Torah) has been given for our sake only.” See Rabbinic Philosophy and Ethics, pp. 198 ff., where the legend as told by the Talmud B. Sabbath, 88b and 89a, is translated. See also T.B. Chagigah, 16a.] They were silent, and did not answer anything further. [ The phrase is borrowed from Job 32:15.]
Hence (the sages) say: Moses went up to the heavenly regions with his wisdom, and brought down the might of the trust [ i.e. the great trust.] of the ministering angels, as it is said, "A wise man [ i.e. Moses.] scaleth the city of the mighty, [ i.e. Heaven. The angels are called mighty heroes; see Ps. 103:20, and cf. Aboth de R. Nathan (a) xxiii. p. 38a; Lev. Rab. 31:5. The angels according to the Midrash are male creatures, “Gibborim.” They have no females in their company. In the MS. the quotation ends here; it is continued in the first editions.] and bringeth down the strength [ i.e. the Torah. See supra, p. 319, on “‘Ôẓ” (might) as a term used to denote the Torah.] of the confidence thereof" (Prov. 21:22). When the ministering angels saw that the Holy One, blessed be He, gave the Torah to Moses, they also arose and gave unto him presents and letters [ The Prague edition reads: “bound together” instead of “letters.” This is an error.] and tablets [ See T.B. Ḳiddushin, 73b; “Pittaḳin,” πιττάκιον, tablet. See infra, p. 399, and Rabbinic Philosophy and Ethics, p. 260.] for healing the sons of man, as it is said, "Thou hast ascended on high, thou hast led thy captivity captive; [ The quotation ends here in the MS. and in the first editions.] thou hast received gifts among men" (Ps. 68:18).
The Son of Bethera said: Moses spent forty days on the mount, expounding the meaning of the words of the Torah, and examining its letters. [ See T.B. Menachoth, 29b.] After forty days he took the Torah, and descended on the tenth of the month, [ The first editions read: “the seventh month.”] on the Day of Atonement, and gave it as an everlasting inheritance to the children of Israel, as it is said, "And this shall be unto you an everlasting statute" (Lev. 16:84). [ See Leḳach Ṭob, Ex. p. 103b. “This” (Ẓôth) refers to the Torah in the Midrash. Here it also refers to the institution of the Day of Atonement. See Seder ‘Olam Rab. 6 p. 15a, note 17; and Tanna de bê Elijahu Ẓuṭṭa iv. p. 181.]
Rabbi Zechariah said: They read in the Torah [ See T.B. Giṭṭin, 60a, on the public reading of the Torah. The section referred to is Lev. 21–xxiv.] and found written therein, "And ye shall afflict your souls" (ibid. 29), and on the Day of Atonement [ The first editions read: “on that selfsame day.”] they caused a Shophar to be sounded throughout all the camp and proclaimed a fast for all Israel, [ The first editions read: “all the people, both men and women.”] old and young. [ See T.B. Sukkah, 28a, b.] Were it not for the Day of Atonement the world could not stand, [ See my sermon on “Judaism: the Religion of Life” (1913), p. 4.] because the Day of Atonement is [ The Venice edition reads: “effects atonement.” MS. Gaster omits till “effects reconciliation” (p. 363).] in this world and in the world to come, [ See T.B. Joma, 86a, and T.B. Kethuboth, 103b.] || as it is said, "It is a sabbath of sabbaths unto you" (ibid. 31). "A sabbath" refers to this world, "sabbaths" refers to the world to come. Moreover, if all the festivals pass away, [ According to one opinion all the festivals except Purim will pass away in the future; cf. T.J. Megillah, 1:7. 70d.] the Day of Atonement will not pass away, for the Day of Atonement effects reconciliation for serious offences [ See Mishnah Shebu‘oth i. 1; Maimonides, Hilkhoth Teshubah 1:2. Cf. T.B. Kerithoth, 26a.] as well as for slight offences. Whence do we know that the Day of Atonement effects reconciliation? Because it is said, "For on this day shall atonement be made [ The quotation ends here in the MS.; it is continued in the first editions.] for you, to cleanse you; from all your sins shall ye be clean" (ibid. 30). "From your sins" is not written here, but "from all your sins shall ye be clean before the Lord" (ibid.).
Sammael [ The first editions read: “On the day when the Torah was given, Sammael,” etc.] said before the Holy One, blessed be He: Sovereign of all the universe ! Thou hast given me power [ See T.B. Joma, 20a. The New Testament has a parallel idea. See the expression “son of the devil,” Acts xiii. 10, and cf. Matt. iii. 7, and John viii. 44.] over all the nations of the world, but over Israel Thou hast not given me power. He answered him, saying: Behold, thou hast power over them on the Day of Atonement if they have any sin, but if not, thou hast no power over them. Therefore they gave him a present [ Or “bribe.”] on the Day of Atonement, in order that they should not bring their offering, [ To Sammael. The first editions read: “in order not to annul the offering of Israel.” Luria suggests an alteration in the text: “that he should not come nigh to accuse them.” See ‘Arukh, ed. Kohut, vi. p. 182a, s.v. עוא, and cf. R. Bechai, in loc., and T.B. Joma, 67b, for the only reference in the Talmud to ‘Aẓẓa (or, ‘Uẓẓa) and Azazel as angels. See also Jastrow, T.D. 1049a, and cf. T.B. Nedarim, 32b, and Lev. Rab. 21 on “Satan,” and see Roḳeach, 216.] as it is said, "One lot for the Lord, and the other lot for Azazel" [ Azazel is to be identified with Satan or Sammael. See Zunz, Gesammelte Schriften, i. p. 236.] (ibid. 8).
The lot for the Holy One, blessed be He, was the offering of a burnt offering, and the lot for Azazel was the goat as a sin offering, for all the iniquities of Israel were upon it, as it is said, "And the goat shall bear upon him [ Thus far the quotation in the MS.] all their iniquities" (ibid. 22). Sammael saw that sin was not to be found among them on the Day of Atonement. He said before the Holy One, blessed be He: Sovereign of all the universe ! Thou hast one people like the ministering angels who are in heaven. Just as the ministering angels || have bare feet, [ The first editions read: “have no joints,” i.e. in the feet and legs, and therefore they cannot sit down. See T.J. Berakhoth i. p. 2c; Gen. Rab. 65:21; Ruth Rab. 1 (beg.); and ‘Arukh, s.v. קפץ.] so have the Israelites bare feet on the Day of Atonement. [ The custom still obtains. See Orach Chayyim, 124] Just as the ministering angels have neither food nor drink, [ The first editions add: “on the Day of Atonement.”] so the Israelites have neither food nor drink on the Day of Atonement. Just as the ministering angels have no joints, in like wise the Israelites stand upon their feet. Just as the ministering angels have peace obtaining amongst them, [ See T.B. Chagigah, 15a; Shocher Ṭob on Ps. 1 p. 1b.] so the Israelites have peace obtaining amongst them on the Day of Atonement. [ See T.B. Joma, 58b. The Day of Atonement effects atonement only between God and man; in order for man to be fully pardoned he must be reconciled with his fellow-creature. Cf. T.B. Ta‘anith, 22a.] Just as the ministering angels are innocent of all sin on the Day of Atonement, so are the Israelites innocent of all sin on the Day of Atonement. The Holy One, blessed be He, hears the prayers [ The Prague edition reads: “their testimony.” MS. Gaster reads: “the misfortunes of Israel.”] of Israel rather than (the charges brought by) their accuser, [ “Ḳatêgôr,” κατήγορὸς, accuser. See Rabbinic Philosophy and Ethics, p. 74. Should the line read: “rather than the testimony of Israel from the accuser”?] and He makes atonement for the altar, and for the sanctuary, and for the priests, [ See Mishnah Shebu‘oth i. 1, and T.B. Shebu‘oth, 14b.] and for all the people of the congregation both great and small, as it is said, "And he shall make atonement for the holy place" (ibid. 16).
Moses said: On the Day of Atonement I will behold the glory of the Holy One, blessed be He, and I will make atonement for the iniquities of Israel. [ Moses stood in the cleft of the rock and beheld the Divine Vision on the Day of Atonement, when God pardoned Israel.] Moses spake before the Holy One, blessed be He: Sovereign of all the universe! "Shew me, I pray thee, thy glory" (Ex. 33:18). The Holy One, blessed be He, said to him: Moses! Thou art not able to see My glory lest thou die, as it is said, "For men shall not see me and live" (ibid. 20); but for the sake of the oath which I have sworn unto thee [ See supra, p. 358. The first editions add: “and the Name which I have made known unto thee.”] I will do thy will. Stand at the entrance of || the cave, [ See Pal. Targum, Ex. 33:22. Cf. 1 Kings 19:9; Elijah stood at the entrance of the cave. Cf. T.B. Megillah, 19b.] and I will make all the angels [ Where do we find this idea? See Midrash Agadah, Ex. p. 185.] who move [ The first editions read: “who minister.”] before Me pass before thy face. Stand in thy might, and do not fear, as it is said, "And he said, I will make all my goodness pass before thee" (ibid. 19). When thou dost hear the Name which I have spoken to thee, [ See Ex. Rab. xxiii. 15.] there am I before thee, as it is said, "And he said, I will make all my goodness pass before thee" (ibid.). [ Instead of this part of the verse, the first editions read here: “‘And I will be gracious to whom I will be gracious, and I will shew mercy on whom I will shew mercy’” (Ex. 33:19).]
The ministering angels said: Behold, we serve before Him by day and by night, and we are unable to see His glory, [ See Siphrê, Num. § 58, and Num. Rab. 14:21. Cf. supra, p. 25. The first editions have all the pronouns referring to God in the second person.] and this one born of woman [ Who sleeps by night. Cf. Rabbinic Philosophy and Ethics, pp. 198 f., and Aboth de R. Nathan (a) ii. p. 5b, note 39.] desires to see His glory. And they arose [ Against “him” is added by the first editions and MS. Gaster.] in wrath and excitement [ The wording is borrowed from 2 Chron. 26:20. See T.B. Megillah, 29a.] to slay him, and his soul came nigh unto death. [ Cf. Dan. 3:28.] What did the Holy One, blessed be He, do? He revealed Himself unto him in a cloud, [ To protect him. See T.B. Chullin, 91b.] as it is said, "And the Lord descended in the cloud" (ibid. xxxiv. 5). This was the seventh descent. [ See supra, p. 97.]
The Holy One, blessed be He, protected him [ Cf. Ps. 91:4: “He shall cover thee with his pinions, and under his wings shalt thou take refuge.” See Pesiḳta Rabbathi, p. 37b; and Tanchuma (ed. Buber), Ex. p. 57a.] with the hollow of His hand that he should not die, as it is said, "And it shall come to pass, while my glory passeth by, [ The quotation ends here in the MS.] that I will put thee in a cleft of the rock, and I will cover thee with my hand" (ibid. xxxiii. 22). When the Holy One, blessed be He, had passed by, He removed the hollow of His hand from him, and he saw the traces of the Shekhinah, as it is said, "And I will take away mine hand, [ In the MS. and the first editions the quotation ends here.] and thou shalt see my back" (ibid. 23). Moses began to cry with a loud voice, and he said: [ Moses is the one who declares the thirteen divine attributes. See T.B. Joma, 36b.] "O Lord, O Lord, a God full of compassion and gracious …" (ibid. xxxiv. 6).
Moses said before the Holy One, blessed be He: Sovereign of all worlds ! Pardon now the iniquities of this people. [ The first editions and MS. Gaster read: “the iniquities of Israel in connection with the affair of the (golden) calf. But if Moses had said: Pardon,” etc.] He said to him: Moses! If thou hadst said, Pardon now the iniquities of all Israel, even to the end of all generations (He would have done so). [ The words: “He would have done so,” do not occur in our MS.; but the first editions and MS. Gaster have this reading, and they add: “because it was an acceptable time; and thus it says: ‘In an acceptable time have I answered thee’” (Isa. 49:8). See T.B. Berakhoth, 8a, and T.B. Jebamoth, 72a.] It was an acceptable time. || But thou hast said: Pardon, I beseech Thee, the iniquities of this people with reference to the affair of the calf. He said to him: Moses! Behold, let it be according to thy words, as it is said, "And the Lord said, I have pardoned according to thy word" (Num. 14:20). [ See Ex. Rab. li. 4, and Deut. Rab. iii. 17.]