The Commandments of the Covenant
Parashat Hashavua
Yeshivat Har
Etzion
This
parasha series is dedicated
Le-zekher Nishmat HaRabanit Chana
bat HaRav Yehuda Zelig zt"l.
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PARASHAT
KI-TISA
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With great
sadness, this shiur is dedicated to Dalia Naomi Hay, a"h, who passed away this
week after a long struggle with cancer.
May the Helfgot/Hay family be comforted among the mourners of Zion
veYerushalayim.
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The
Commandments of the Covenant
Rav Tamir
Granot
Introduction
After God is revealed to Moshe for the second time on Mount Sinai, He
reveals His attributes of mercy and tells Moshe that He has forgiven the nation
of Israel completely. God informs
Moshe that He is renewing His covenant with them, and adds a list of
commandments some related to the prohibition of idolatry, others related to
Shabbat and the pilgrim festivals and all that they entail (such as, for
instance, the prohibition of mixing meat and milk). We may refer to these collectively as
"ritual" commandments. Part of this
list looks very similar to Parashat Mishpatim, where the lengthy
collection of "judgments" (mishpatim) is followed by an appendix of
"ritual" laws, including Shabbat, pilgrim festivals, meat and milk, etc. The resemblance between these two
parshiyot extends beyond their content; they are also similar in their
style and language.
As we know, there are many mitzvot that appear twice or even three
times in the Torah. In most cases,
it is in Sefer Devarim that we find repetitions of mitzvot
that were transmitted previously.
Indeed, this phenomenon is characteristic of Sefer Devarim, which
is also called "Mishneh Torah" (repetition of the Torah). In the Books of Shemot,
Vayikra and Bamidbar, repetitions occur far less frequently. However, the almost word-for-word
reiteration of an entire body of mitzvot is unique to our parasha:
Shemot 34:18-26 (the body of ritual laws which we shall refer to as the
unit from Ki-Tisa) is a repetition of Shemot 23:14-19 (henceforth:
the unit from Parashat Mishpatim).
Moreover, the repetition here occurs within the same Sefer, in
close proximity of time and subject.
In both cases, the commandments in question are conveyed by God to Moshe
at Mount Sinai: the first time within the framework of the forging of the
first covenant; the second time when Moshe ascends the mountain the second
time, as part of God's assurance that the covenant has been
renewed.
Hence, we need to understand why God repeats an entire body of
mitzvot that has already been conveyed and recently, too. Furthermore, what is the significance of
the slight differences between the two versions?
A. Comparison of the Two
Sources
Let us start by comparing the two units. Our examination will include the verses
that precede the ritual laws, with a view to clarifying the context. We shall also highlight the differences
between the two units:
i.
Introduction to
the unit:
Mishpatim: (23:6) "You
shall not pervert the justice of your poor in his cause. (7) Keep far from a false matter, and do
not slay the innocent and the righteous, for I shall not justify the
wicked. (8) And do not take a
bribe, for bribery blinds the wise and distorts the words of the righteous. (9) And do not oppress a stranger, for
you know the heart of a stranger, since you were strangers in the land of
Egypt."
Ki
Tisa (34:10) "He
said: Behold, I make a covenant before all of your nation; I shall perform
wonders such as have not been conceived in all the land, nor among all the
nations; and all the nation in whose midst you are will see the work of the
Lord, for that which I shall perform for you is awesome. (11) Observe that which I command you
this day; behold, I drive out before you the Emorites and the Canaanites, and
the Hittites and the Perizzites and the Hivvites and the Jebusites. (12) Watch yourself lest you forge a
covenant with the inhabitants of the land to which you come, lest it become a
snare in your midst. (13) Rather,
you shall smash their altars and break their statues and cut down their
asherim. (14) For you shall
not worship any other god, for the Lord Jealous is His Name is a jealous
God. (15) Lest you make a covenant
with the inhabitants of the land, and go astray after their gods, and sacrifice
to their gods, and (they) call you, and you eat of (their) sacrifice. (16) And take of their daughters for
your sons, and their daughters will go astray after their gods, and they shall
draw your sons astray after their gods.
(17) You shall make yourself no molten gods."
ii.
Shemitta
Mishpatim: (23:10) "Six
years you shall sow your land and gather its produce. (11) But in the seventh you shall let it
rest and lie fallow, that the poor of your nation may eat, and what they leave
shall be eaten by the beasts of the field; so shall you with your vineyard and
your olive grove."
Ki
Tisa:
omitted.
iii. Shabbat
Mishpatim: (23:12) "Six
days shall you perform your activities, but on the seventh day you shall rest,
in order that your ox and your donkey may rest, and the son of your handmaid and
the stranger may be refreshed."
Ki
Tisa: (appears
later on, with a different emphasis.)
iv. General
exhortation:
Mishpatim: (23:13) "And
concerning all that I have said to you be mindful, and do not make mention of
the name of other gods; let it not be heard from your
mouth."
Ki
Tisa:
omitted.
v. Introduction to pilgrim
festivals:
Mishpatim: (23:14)
"Three times you shall observe a festival for Me in the
year."
Ki
Tisa:
omitted.
vi. Festival of
Matzot:
Mishpatim: (23:15) "You
shall observe the festival of matzot: seven days shall you eat
matzot, as I have commanded you, at the appointed time the month of
spring, for then you left Egypt; and you shall not appear before Me
empty-handed".
Ki
Tisa: (34:18) "You
shall observe the festival of matzot; for seven days shall you eat
matzot, as I have commanded you, at the appointed time the month of
spring, for in the month of spring you left Egypt."
vii. Law of the firstborn of the
donkey
Mishpatim:
omitted
Ki
Tisa: (34:19) "All
that opens the womb is Mine, and every male firstling among your livestock,
whether ox or sheep. (20) But the
firstling of a donkey you shall redeem with a lamb; if you do not redeem it then
you shall break its neck. All the
firstborn of your sons you shall redeem, and you shall not appear before Me
empty-handed."
viii. Shabbat
Mishpatim: (appeared
previously, with social emphasis)
Ki
Tisa: (34:21) "Six
days shall you work, but on the seventh day you shall rest; in plowing and in
harvest you shall rest."
ix. Festival of the harvest and festival
of the ingathering
Mishpatim: (23:16) "And
the festival of the harvest, the first fruits of your labors which you have
sown in the field, and the festival of the ingathering, at the end of the
year, when you gather in your labors from the field."
Ki
Tisa: (34:22) "And
you shall celebrate the festival of weeks, the first fruits of the wheat
harvest, and the festival of the ingathering, at the year's
end."
x. Obligation of pilgrimage to the
Temple
Mishpatim: (23:17) "Three
times in the year all your males shall present themselves before the Lord
God."
Ki
Tisa: (34:23) "Three
times in the year all your males shall present themselves to the Lord God, God
of Israel."
xi. Assurance concerning
pilgrimage:
Mishpatim:
omitted
Ki
Tisa: (34:24) "For I
shall cast out nations before you, and I shall expand your borders, and no man
shall covet your land when you to up to present yourself before the Lord your
God, three times in the year."
xii. Prohibitions against leftovers and
leaven
Mishpatim: (23:18) "You
shall not offer the blood of My sacrifice with leaven, nor shall the
fat of My festive offering remain until the morning."
Ki
Tisa: (34:25) "You
shall not slaughter the blood of My sacrifice with leaven, nor shall the
sacrifice of the Pesach feast remain for the
morning."
xiii. First fruits and mixture of milk and
meat
Mishpatim: (23:19) "You
shall bring the earliest of the first fruits of your land to the House of the
Lord your God; you shall not cook a kid in its mother's
milk."
Ki
Tisa: (34:26) "You
shall bring the earliest of the first fruits of your land to the House of the
Lord your God; you shall not cook a kid in its mother's
milk."
xiv. Conclusion of the
unit
Mishpatim: (23:20)
"Behold, I send an angel before you, to watch over you on the way and to bring
you to the place which I have prepared.
(21) Be mindful of him and obey his voice; do not provoke him, for he
will not pardon your sins, for My Name is in him. (22) But if you indeed obey him and do
all that I say, then I shall be the enemy of your enemies, and the adversary of
your adversaries. (23) For My angel
shall go before you and bring you to the Emorites and the Hittites and the
Perizzites and the Canaanites, the Hivvites and the Jebusites, and I shall cut
them off."
Ki
Tisa: (34:27) "The
Lord said to Moshe: Write for yourself these things, for in accordance with
these words I have forged a covenant with you, and with Israel. (28) And he was there with the Lord for
forty days and forty nights; he did not eat bread, nor did he drink water, and
he wrote upon the tablets the words of the covenant the Ten
Utterances."
Let us now set
out the information that arises from the above comparison, in order of its
appearance:
a.
Introduction to
the unit: In Parashat Mishpatim, the body of ritual laws is preceded by
some laws dealing with the obligation of ensuring justice and protection for the
weak, and provide a general summary of the subjects addressed in Parashat
Mishpatim. We chose to begin
our comparison from the commandment not to distort justice for the poor, since
this represents the beginning of a "closed" unit, and because the mitzvot
preceding it are still formulated in causal style ("If
then
"), whereas here we
have three absolute, general commandments, which appear to be a general
conclusion/introduction: "You shall not distort
," "Keep yourself far," "Do not
slay," etc. The introduction to the
unit in Ki Tisa deals with the obligation of keeping distant from the
nations of the land, to avoid creating treaties with them, and to refrain from
copying their behavior and their idolatry.
This introduction would appear to arise from the renewal of the covenant
previously recorded between God and Moshe at the mountain; in summary, it is a
prohibition against forging any other covenant, which would be a form of
betrayal of God.
b.
In Parashat
Mishpatim, the unit includes the commandment of Shemitta, whereas in
Ki Tisa it is omitted. The
discussion of Shemitta in Parashat Mishpatim is presented from a
moral, social perspective, its aim being "that the poor of your people may
eat
." Thus, it connects with the
preceding body of laws, in that it deals with protection for the weak and
improving their situation. (The
preceding laws included, "You shall not pervert the justice of your poor" and,
two verses later, "That the poor of your people may eat".) It is therefore
logical for the commandment of Shemitta to appear here, prior to the
commandments concerning the pilgrim festivals, since on one hand it is a
commandment that is time-dependent (like the celebration of the festivals); on
the other hand, it is a social commandment, like those that conclude the
"judgments" that precede it.
c.
In Parashat
Mishpatim, the commandment of Shabbat appears here. There are three good reasons for this:
I) It is similar in spirit and in its time-structure to the commandment of
Shemitta, which precedes it; ii) It serves as a basis for the sanctity of
time and the holy days, and is indeed followed by the laws of the pilgrim
festivals; and iii) The emphasis, in the commandment of Shabbat as it appears in
Parashat Mishpatim, is once again social: "In order that your ox
may rest, and the son of your handmaid and the stranger be
refreshed." This social emphasis
links Shabbat with Shemitta (another social commandment) which preceded
it, as well as with the series of preceding commandments that addressed matters
of justice and society, and particularly with the law, "You shall not oppress
a stranger."
Why, then, is
there no parallel commandment of Shabbat in Ki Tisa? The answer
would seem to arise from the perspective described above: the social context is
altogether absent from Ki Tisa; there is no Shemitta, and
therefore no room for a "social" Shabbat (see also below).
d.
At this point
in Parashat Mishpatim there is a warning that serves as a sort of summary
as well as introduction: "Concerning all that I have told you be mindful";
this applies to the preceding prohibitions. "And make no mention of other gods"
this introduces the unit of ritual laws; it is indeed appropriate that these be
introduced with an exhortation that religious worship be directed to God
alone. This warning and summary is
unnecessary in Ki Tisa, since the context there is not one that follows
immediately after a lengthy unit of laws, and the prohibitions of idolatry are
set out at length in the preceding introduction, such that there is no need for
another warning.
e.
Heading for the
festivals: The heading appears only in Mishpatim apparently because
what follows there is really only the commandments of the festivals, whereas in
Ki Tisa there are also some additional laws, including the redemption of
the firstborn and Shabbat, and therefore an introduction to the festivals
exclusively would not be appropriate.
f.
Identical
commandment concerning the festival of matzot. In Parashat Ki Tisa the
commandment "You shall not appear empty-handed" is postponed until after the
commandment concerning the firstling of the donkey (which is absent from
Mishpatim) since it includes both the pilgrimage and the firstling of the
donkey.
g.
Firstling of
the donkey and the redemption of the firstborn: Here, for the first time, we
encounter a commandment that appears in Ki Tisa, but not in
Mishpatim. The commandments
concerning the firstling of the donkey and the redemption of the firstborn are
directly linked to the commandment of Pesach, since they are meant as a reminder
of the Exodus (specifically, the slaying of the Egyptian firstborn). The commandment of the
firstling/firstborn is essentially "ritual" (religious as opposed to moral,
social etc.) and therefore it has a place in this group of ritual laws. This apparently defines the nature of
the unit in Ki Tisa (see below).
In Parashat Mishpatim, the emphasis thus far has been social; in
this context the commandments concerning the firstling of a donkey and the
firstborn son are irrelevant, and it is for this reason, it seems, that they do
not appear here.
h.
Shabbat: This
is where the commandment of Shabbat appears in Ki Tisa (i.e., following
the commandments of Pesach and the firstling/firstborn). No social aspect is mentioned here;
there is only the prohibition against labor. In Mishpatim, as we have seen,
the emphasis was on, "In order that
may rest," and therefore it is juxtaposed
with Shemitta, prior to any mention of the pilgrim festivals. In Ki Tisa the command of Shabbat
appears after the festival of matzot: the Exodus from Egypt and the
festival of matzot that commemorates it are the source of the covenant
that serves as the basis for this unit.
Therefore, the commandment of Pesach comes first, followed by Shabbat
which is another expression of the covenant ("To perform the Shabbat throughout
their generations; an eternal covenant") and a commemoration of the Exodus from
Egypt. The social aspect of Shabbat
is irrelevant here.
i.
The
commandments of the harvest festival and the festival of the ingathering appear
in very similar language; there seems to be no essential difference between the
two units. The formulation in
Mishpatim is longer ("When you gather your labor
), and this is logical,
since the same command in Ki Tisa is a repetition. The "festival of the harvest" is
referred to in Ki Tisa as "the festival of weeks"; there may be some
significance to this point, since the name "weeks" links this festival to the
Omer and to Pesach, which as noted represents the basis of the covenant (the
Exodus from Egypt). Parashat
Mishpatim speaks of three set times of festivals during the year; therefore
the festival is referred to as the "festival of the harvest," as a seasonal
reference, with no specific connection to Pesach.
j.
The obligation
of pilgrimage appears in similar form in the two sources. Ki Tisa uses the words, "Before
the Lord God, God of Israel," and also "et penei" instead of "el
penei" as in Mishpatim.
The first difference appears to express the need, in Ki Tisa, for
exact specification of Whom it is that we are to address, in light of the
episode of the Golden Calf, and the concern lest there be any deviation from the
covenant, as expressed in the preceding list of prohibitions related to
idolatry. The second difference may
have broader significance: "el penei" means "towards," "before," "in the
place of" but not actually "facing."
"Et penei" means actually standing in front of the object. It is perhaps only after the commandment
concerning the Mishkan, and God's promise that He will accompany the nation, in
their midst "My countenance will go" that this is
possible.
k.
The promise of
protection during pilgrimage is mentioned only in Ki Tisa, and the reason
for this seems simple. In
Parashat Ki Tisa, we have already been told that God will lead the nation
to the land and drive out the seven nations. On the basis of the end of Parashat
Mishpatim, we may also include the promise to expand the nation's borders:
"And I shall set your borders from the Red Sea to the Sea of the
Pelishtim
." Thus, the problem
arises what will happen to the land during the pilgrimage festivals? In Ki
Tisa, God promises a solution to the problem. In Parashat Mishpatim, however,
the unit of ritual laws appears before this promise is mentioned indeed, prior
to any promise concerning the conquest of the land in its entirety, and
therefore there is no need to raise a problem that does not yet
exist.
l.
The
prohibitions of leaven in sacrifices and allowing the sacrifices to remain until
morning look very similar, but careful examination shows that the two sources
are actually talking about different commandments. Some opinions interpret the unit in
Mishpatim in light of that which is stated explicitly in Ki Tisa
i.e., that only the Pesach sacrifice is involved, but this seems unlikely, since
if one source elaborates at greater length while the other is brief, it is more
logical that it is the first source that should be longer, not the second as
noted above, in our discussion of the commandment concerning Shavuot and
Sukkot. It would seem that
the unit in Mishpatim represents a general instruction concerning the
sacrifice of peace offerings and chaggiga sacrifices, while the unit in
Ki Tisa speaks only or principally about Pesach. In Parashat Mishpatim, this is a
complement to the general instructions concerning Divine worship; the
prohibition against leaven is not a law related to Pesach, but rather a general
law applicable to every type of sacrifice.
The prohibition of allowing the sacrifice to remain until the morning
concerns the fats of the chaggiga offering, and hence is of ritual
significance. In Ki Tisa, on
the other hand, this law is a complement to the laws of Pesach, which as noted
above occupies a central place in this parasha. In fact, the parasha both starts
and ends with laws of Pesach. The
prohibition against leaven appears here to be related to the laws of this
festival, and it is possible that the expression "you shall not slaughter,"
instead of "you shall not offer," hints at the fact that this refers to the
Pesach sacrifice, which is not altogether an "offering"
(zevach).
m.
The obligation
concerning first fruits and the prohibition of mixing meat and milk appear in
identical form in both sources.
Apparently, the first context in which the prohibition against mixing
meat and milk appears is ritual in nature, in keeping with the theme of the
parasha as a whole. In other
words, the Torah is prohibiting the cooking of a chaggiga or peace
offering in milk, or offering it in a manner reminiscent of the pagans etc., as
Rambam, Ibn Ezra and others explain.
n.
Following this
collection of ritual laws in Parashat Mishpatim, God gives a
promise concerning the conquest of Eretz Yisrael. Here we find laws prohibiting idolatry,
adopting the practices of the nations, etc. All of this is connected to the entry
into the land, and is similar to the laws that precede the unit in Ki
Tisa ("Do not worship
," "Do not adopt their practices
,"
etc.).
B. Principal Differences Between the Two
Units
Having examined the details of the differences between the two units and
attempted to explain them, we may now point to some fundamental characteristics
of each, which may help us to answer our original
questions.
a. The unit in Parashat Mishpatim
bears the stamp of that parasha, and has a clearly social emphasis. This fact is prominently expressed in
the social commandment of Shemitta, in the social justification for the
commandment of Shabbat, in the link to the preceding social commandments, and
perhaps also in other aspects, which we shall discuss below. The unit in Parashat Ki Tisa
bears the stamp of the renewed covenant which precedes it, and it seeks mainly
to highlight the ritual aspects of the commandments that were transmitted in
Parashat Mishpatim especially the worship of God and avoidance
of any desecration of His covenant.
This orientation is reflected in the omission of the social commandments
and justifications, in the introduction of ritual laws such as redemption of the
firstborn son and of the firstling of the donkey, in the significance attached
to the festival of Pesach, and to the link to the list of prohibitions related
to idolatry that precedes this unit.
b. In terms of the order of the
parshiyot in Sefer Shemot, Mishpatim precedes the renewal
of the Covenant at Sinai, the promise concerning the entry into the land, the
building of the Mishkan, and certainly the Sin of the Golden Calf. Hence, there are elements that are
related to this unit of laws that cannot appear in Parashat Mishpatim
or that would be irrelevant there and that are added in Ki Tisa. Examples include the promise concerning
property during the pilgrimages, following the expansion of the borders of the
land, the emphasis on the "God of Israel," etc.
c. The crux of both of these units is the
commandment of pilgrimage and the three pilgrim festivals. In other words, the essence of the unit
is preserved, and it is here that the repetition is manifest. In the other aspects there are
substantial differences, additions or omissions.
C. The Role of the "Ritual" Unit in
Parashat Mishpatim
Our conclusion thus far is that these two halakhic units, sharing the
same halakhic core, serve or emphasize different purposes. Let us now return to our principal
question concerning the reason for the repetition. Let us first consider the role of this
"ritual" unit in Parashat Mishpatim. Seemingly, this is not the natural place
for such a unit, since the main theme of Parashat Mishpatim is justice
and righteousness. In truth,
however, a general view of God's command to Moshe following the Ten Commandments
reveals that this parasha fills a void; without it the covenant at Mount
Sinai could not be complete. Let us
review the order of the commandments, starting from right after the Ten
Commandments:
A. Prohibitions
of idolatrous worship ("You shall not make with Me gods of silver and gods of
gold
")
B. The order of
proper worship freewill offering of the individual ("An earthen altar shall
you make for Me, and offer upon it
")
C. Judgments
(mishpatim)[1]
b. The order of
proper worship obligatory offerings of the congregation (the "ritual" unit
with the three pilgrim festivals at its core)
a. Prohibitions
of idolatrous worship in Eretz Yisrael ("You shall not worship them, nor
shall you serve them, nor shall you follow their
actions").
This entire body of commandments is the "Book of the Covenant,"
concerning which we read, in chapter 24: "He placed before them all the words of
God, and all the judgments"; hence, this is the substance of the covenant. We conclude, then, that the content of
the covenant is a sort of a "sandwich," with the beginning and ending defining
the nature of Divine service, with the middle the "filling" describing a
social existence of justice and righteousness. The difference between the "ritual"
beginning and the conclusion is the same difference that exists between the
individual, voluntary aspect of the obligations and prohibitions of Divine
worship, and the obligatory, communal aspects, as expressed principally in the
pilgrimage and the celebration of the holidays at their set times during the
year. Parashat Mishpatim,
which sets down the guidelines for proper social existence, facilitates the
transition from the existence of individuals who serve God, to a national,
public existence in the service of God, with fixed times and practices. The observance of all of this together
makes it possible for God to realize the promise of the inheritance of the land,
which follows the Book of the Covenant, and also allows the forging of a
covenant with God. The centrality
of the chapters of judgment and righteousness, in terms of location as well as
quantity and content, shows that the metamorphosis of Israel into a nation
worthy of entering into a covenant with God is dependent principally on social
factors i.e., the performance of justice and righteousness. Hence, even Divine worship itself does
not appear here as an independent subject; rather, it appears as part of the
entire organization of a society that is righteous in the eyes of God. Shemitta, Shabbat, and
indirectly even the pilgrim festivals, as stated explicitly in Devarim
16, complete the charitable aspect of the social
obligations.
D. Role of the "Ritual" Unit in Ki
Tisa
In order to understand the reason for the repetition of a body of laws
that the Torah has already commanded, we must consider what is omitted from this
repetition, and what is added. We
have already noted that the social aspects of the laws, as they appeared in the
unit in Mishpatim, are entirely absent here; the social commandments
themselves are also omitted here.
The reason for this is simple: the social imperative itself was the
principal message of the unit as it appeared in Mishpatim, and there is
no reason for a repetition of the unit from that same perspective. What is added to the unit in Ki
Tisa, which had not previously appeared in Mishpatim? The "ritual"
emphases and warnings. Why? For two
reasons: a) Because in the meantime, in the wake of the forging of the covenant
before and after the Sin of the Golden Calf, God had promised that He would
cause His Presence to rest in the midst of the nation. For this reason, the ritual laws must
address this aspect of Divine service, which was not yet applicable in
Parashat Mishpatim. b)
Because in the meantime, the nation of Israel had sinned with the Golden Calf,
betraying God and violating His covenant.
When God renews that covenant, He completes His promise and the occasion
of the covenant itself by means of laws that have a dual purpose: on one hand,
God warns against deviating from the covenant, since it has already become
apparent that such a possibility exists.
Moreover, the promise that Israel will enter Eretz Yisrael gives
rise to major concerns as to possible deviations. Therefore, "You shall not marry among
them
," "You shall cut down their asherim," and especially "You shall
make yourself no molten gods." On
the other hand, God declares that following the renewal of the covenant, He may
be served again as before; indeed, He may now be "beheld." This is not an obvious assumption; on
the contrary, it was precisely for this reason that the nation mourned even
after God had been appeased by Moshe's prayer and had decided against their
annihilation. Now, when God
promises, "Behold, I forge a covenant with you," He goes back to the ritual core
of the first unit as though renewing the invitation to "behold Him." As mentioned, there is no need here for
any social exhortation; what is needed is the addition of emphases arising from
the conditions that have changed in the meantime, in view of the renewal of the
covenant. The crux of the message
is, You are once again invited to My House: "Three times in the year, all of
your males shall present themselves before the Lord God, God of
Israel
."
Translated by
Kaeren Fish
[1] Towards the end of
the "judgments" there are some prohibitions and commandments that do not fall
into the category of "judgments" for example, "You shall not suffer a witch to
live," and "The firstborn of your sons you shall give to Me." These require a separate
discussion.