A Thought on Parshsa Mishpatim

"...v'ha'Torah v'ha'mitzva asher Kosavti..." (24:12) "...I give you the Torah and the commandments which I've written..." In giving us the two hewn tablets, HaShem also pledges to give "the Torah and the Mitzvah". To what do those words or terms refer? Our understanding is that within the "luchos" were the foundation for all of the Torah, which in turn encompasses all of the 613 mitzvos. What are we to learn from these seemingly unnecessary additions of "Torah & commandments"? Rabbeinu Avigdor begins with a midrashic interpretation, handing over our mesora or tradition that "theTorah" refers to statutes and laws. The word "mitzva" refers to "the mishna", which is the Oral Torah as systematized by our early Sages. The third clause, "which I've written" refers to the scriptures, which we know as the words of our Prophets and the Writings (Nevi'im and Kesuvim). So, Moshe was told that HaShem was going to give him the two tablets of stone, and in receiving the Torah, he would also be given all of the statutes, laws, rules, Oral teachings, and written scripture, which comprised the lessons and instructions which would emerge over time in the centuries which followed. A beautiful thought about the eternity of all of the Torah, and how it is Divine in origin, in entirety. It is all Torah. All was given to Moshe. Now, if you stop and think, you will realize that the era of the Prophets and of the Writings (such as the five Megillos) followed the giving of the Torah. Near the close of that era, the Oral Torah was redacted and eventually transcribed. We know it as the Talmud, which expounds upon the more concise Mishna. That was the chronological sequence in history. How is it that our verse, with the midrashic interpretation cited, first refers to laws and the Mishna, then to those written Scriptures? The time sequence seems out of order. Moreover, the "laws and Mishna" seem to modify the word "Torah", whereas the reference to TaNaCh seems like a separate thought? The verse seems to associate Mishna with Torah and "that which I have written" encompasses the holy words of our saintly Prophets. Rabbeinu Avigdor makes an observation here. He opines that there is greater sanctity - kedusha - in the Mishna and Talmud, since our verse considers them an elaboration of the Torah, than in the writings of the Prophets, which are introduced as if separate from the Torah. From there, Rabbeinu Avigdor derives an unexpected psak - a halachic ruling. If one is storing or stacking sefarim, we know that one must place on the top that sefer which has greater kedusha. This is a way of honoring the Torah. Hence, a Chumash will always go on top. We would not place, say, the Book of Proverbs (Mishlei) on top of a Bible. What about, say, Sefer Shmuel versus Mesechta Yoda'im, one of the tractates of the Mishna? According to Rabbeinu Avigdor, the Mishnayos will go on top of the Neviim! A Shmiras Shabbos k'Hilchasa (a contemporary sefer on the laws of Shabbos) will go on top of a volume of gemara (since the word "Torah" (rules) comes before the word Mitzvah (which means Mishna/Talmud) in our verse.) All of the Torah was given to Moshe, and was handed down from generation to generation, extending to the era of the Tanaaim, as we are taught in the opening lines of Pirkei Avos. This means that the timeless Torah was given at once, and whereas many laws were revealed and explained later than were the revelations of the Prophets, the primacy of the former is emphasized in our verse as being "Torah" and the latter are "HaShem's Writings." The lesson here is timeless. The concept of greater kedusha is unique. The practical implementation of this concept is novel (and still b'reshus HaTorah!). Good Shabbos. D Fox