The gemara in Pesachim says a general ruling that “אין מוקדם ומאוחר בתורה”, there is no before and after in the Torah. This means that the order in which the pasukim are written in the Torah is not necessarily related to the sequential order. It is clear that the gemara has to say this rule because had it not been said it would not have been known. The intention of the gemara wasn’t to say that every pasuk in the Torah is not related to the sequential order, rather that there can be times that they are out of order.
It seems odd to ask, but why does the Torah normally write things in the sequential order? I have heard from Rav Shmuel Yaakov Weinberg Zt”l the former Rosh Yeshiva of Yeshivas Ner Yisroel of Baltimore say very enthusiastically that the Torah is not a history book! My understanding of his statement was that the Torah isn’t simply a record of all that had happened to the Jewish People like a history book. It serves a greater purpose than recording history, it is the past, present and future. The Torah is the blueprint from which the World was created. In that case…why is it important that the Torah be written in sequential order to the extent that the gemara must state this rule that it is not always in that order.
Perhaps we can understand this idea through delving in deeper. What would be the “inspiration” of the Torah to change the order from sequential order to non-sequential order? It must be that there is something that can be learned from this order more than had it been in sequential order.
Every letter in the Torah is divinely positioned, with every single letter in mind. That means that the impact of one letter in a pasuk in Sefer Bereishis is affected by the letter in a pasuk in Sefer Devarim. Every pasuk has a connection to the preceding and following. Each pasuk also relates to the pasukim found in the same parshah. There is even a relationship between opposite pasukim, meaning the first pasuk and the last pasuk of the Torah, as well as the second and second to last. Everything is connected and blended together in an infinite web.
After thinking about that perhaps the sequential order is less relevant, or is it more relevant? While the Torah has all of its deep connections. It also has the simplest understanding. The Torah is said to be in “לשון בני אדם” or the language of people. That means that the simple understanding of the pasukim should be clear as well.
One of the things that many commentators discuss at each parshah as to how the end of the previous parshah relates to the beginning of the current parshah. There is often an explanation as to how the two are connected or how an element from one is learned to the other. Even when we learn an element from one to the other, there should still be an explanation that flows in the simplest fashion.
There is a discussion among many as to the order of Parshas Mishpatim. Rashi says that from the pasuk “ואל משה אמר עלה אל ה’” in perek twenty-four up until the end of the parshah actually occurred prior to Matan Torah. The Ramban quotes Rashi and strongly argues with him bringing several proofs to support his opinion. Without getting into the details of that discussion let us look at its outcome. According to Rashi who holds that in fact the pasukim found at the conclusion of Parshas Mishpatim did occur prior to Matan Torah, in that case the question must be asked as to why would the Torah place this parshah here.
There is another discussion among the Rishonim which is in fact rooted in two different statements of the Chazal one from a Midrash, the other from a Zohar. The Midrash understands that the Chet HaEgel came prior to the obligation of the Mishkan (found in the beginning of the next parshah, Parshas Terumh). While the Zohar understands that the obligation came prior to the Chet HaEgel and the construction of it followed.
If we follow the opinion of Rashi throughout who follows that of the Midrash, then directly after the laws of Parshas Mishpatim comes the Chet HaEgel then the obligation to make the Mishkan. Where as the opinion of Ramban who follows the opinion of the Zohar then there are the laws of Parshas Mishpatim then the end of the parshah with Na’aseh V’Nishma. Following that is the obligation of the Mishkan then the Chet HaEgel.
I am strongly convinced that these two disagreements are really one. According to the Ramban the Mishkan is a continuation of the kavod that was before Klal Yisroel on Ha Sinai. I want to interject and say over what Rabbaynu Bachiyah says in the beginning of Mishpatim to help explain what the Ramban says here. Rabbaynu Bachiyah says that Adam HaRishon was obligated in six mitzvos. Came Noach and a seventh was added, Ever Min HaChy. Came Avraham Avinu and an eighth was added, Bris Milah. Came Yaakov Avinu and a ninth was added, Gid HaNusheh. Came Klal Yisroel and they were given the Aseres HaDibros. Now we can continue to explain the Ramban, as he says that Klal Yisroel were given the Aseres HaDibros then the Torah began to go back and teach all of the mitzvos and they accepted them with great happiness and they made a bris. Then Moshe Rabbaynu went and wrote down all the laws and read them to Klal Yisroel following another bris. It was then that Klal Yisroel said Na’aseh V’Nishma. At that great level Klal Yisroel progressed from the six, to seven to eight, to nine, to ten, and then they accepted the whole Torah upon themselves. That accepted in bris brought about the obligation of the Mishkan.
Now we have to remember that Rashi understands that entire sugya completely differently. Without dealing with the questions that the Ramban asks on Rashi and the very fact that the parshiyos are out of sequential order, Rashi’s explanation can be simpler. The Mishkan came as a result of the Chet HaEgel and provides Klal Yisroel with a tikkun for their sin. Due to this explanation we could understand as to why Rashi is forced to say that the parshiyos are out of order. He sides with one of the opinions of the Mechilta and learns that the Aseres HaDibros followed Na’aseh V’Nishma.
If we look at the parshah of the Chet HaEgel in Ki Sisa it begins with the parshah of Machtzis HaShekel, the money that every man must give for the Avodas HaKarbonos. It is also the beginning of Parshas Terumah which deals with the money for the construction of the Mishkan. There is of course a connection between the Chet HaEgel and the Machtzis HaShekel. Perhaps the connection is as simple as the pasuk says the money will “לכפר על נפשתיכם” or atone for their souls. According to Rashi we can that Parshas Mishpatim is also associated with kaparah. Rashi learns that the conclusion of Mishpatim actually came prior to the Asers HaDibros and that the Chet HaEgel came following the laws of Mishpatim. Therefore we can see that there a connection between Mishpatim and Shekalim.
Another connection between Mishpatim and Shekalim is the word שקל and the word שוקל. To shokel is to weigh. That has a great deal to do with logic and making decisions. That is also a connection between אוזן, מאזנים or ears and a scale. The Mishpatim are mainly based on logic and in practice are judged according to logic. At the same point in time the chukim are completely beyond logic. Giving the Machtzis HaShekel is a way that Klal Yisroel protects themselves as well as heals themselves from their mistakes. We are not perfect in our judgment. We do not always correctly weigh the situation. At the same time the responsibility is upon us, as the Baal HaTurim says, that the five words in the first pasuk of Parshas Mishpatim is to say that all that make a true judgment it is as if the Chamishai Chumshai Torah were kept. This is how far the mishpatim extend. Perhaps we can see by virtue of the fact that the Chet HaEgel was said to occur after the mishpatim according to Rashi, maybe the Torah is emphasizing that not only the Aseres HaDibros but all of the Torah must be kept.
This Shabbos as we hear the kriah of Parshas Shekalim we should try to keep in mind that we are obligated to give the Machtzis HaShekel, that means that we must constantly have Avoda on behalf of the tzibbur. Today, we don’t have that same avoda. From the destruction of our great and holy Beis HaMikdash we lost that chance. Now everything is found within our Arbah Amos Shel Halachah, that is our mishpatim. Through constant Shmiras HaMitzvos we can bring about our mishkan. As the gemara in Berachos quotes from the pasuk, בכך מקום אשר אזכיר את שמי אבוא אליך וברכתיך or in all places that you mention my name I will come and bless you. This is through our learning Torah! If we are ידבנו לבנו then we will have ושכנתי בתוכם!
May this Chodesh Adar be filled with a knisah of simchah. With a constant Makom Schinah. With a new Kabbalos HaTorah with simchah and ahavah May this Adar be the one that we merit to sweeten the bitter void of Amalek and truly obtain the greatness of Kimu V’Kibloo as we usher in Meshiach Tzidkaynu as he is closer than ever!
Parshas Mishpatim, The Four Parshiyos Torah Min Shemyaim
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