Because Moshe Said So!
And on the eighth day the skin of his foreskin should be circumcised. (Sefer VaYikra 12:3)
This is My covenant that you should observe – between Me and you and between your descendants who follow you – circumcise for yourselves every male. (Sefer Beresheit 17:10)
I. Reiteration of the circumcision commandment
Tazria and Metzora deal almost exclusively with issues of ritual purity. The first above passage is an exception. It discusses the commandment of milah – circumcision. This mitzvah is discussed earlier in the Torah. The second passage above is included in that discussion. In it, Hashem gives this commandment to Avraham. To varying extents, milah was observed by his descendants even before the redemption from Egypt and the Sinai Revelation. In its earlier presentation, the Torah provides a more complete discussion of the mitzvah. Many of the laws of milah are recorded in or derived from these earlier passages.
II. Legal status of commandments given to the Patriarchs
Rambam – Maimonides – cites the second passage above, taken from this earlier presentation, as the source in the Torah for the commandment of milah.[1] This is surprising. Rambam explains that we do not observe commandments because they were given to the Patriarchs. We observe only those commandments given to Moshe.
Take note of this important principle that is mentioned in this mishne. It is expressed in their statement “it is prohibited from Sinai.” It (the principle) is that you must know that all from which we refrain and that we do today we only do thus because of Hashem’s command to Moshe – not because Hashem commanded thus to the prophets that proceeded him.
An example of this is that we do not eat a limb taken from a living animal. (This is not) because Hashem prohibited this to the descendants of Noach. Rather, (we observe the prohibition) because Moshe prohibited us regarding a limb from a living animal through it being commanded at Sinai that a limb from a living animal remains prohibited.
Similarly, we do not perform circumcision because Avraham circumcised himself and the members of his household. Rather, (we observe the commandment) because Hashem commanded us through Moshe to perform circumcision as Avraham – peace upon him – performed circumcision….
Do you not see that they (the Sages) said, “six hundred and thirteen commandments were communicated to Moshe at Sinai.” All these are among the mitzvot.[2]
Rambam explains that we do not observe any commandment because it was given to one of the Patriarchs or to a prophet that proceeded Moshe. We observe commandments revealed to Moshe. Rambam provides an example. We do not observe milah because Hashem directed Avraham that he and his descendants should perform the commandment. We observe the commandment only because it was given to Moshe.
III. Basis for observance of the Noahide laws
Rambam applies this principle in interesting ways. One application concerns the Noahide laws. Rambam explains that Hashem gave seven commandments to all of humanity – the Noahide laws. A non-Jew who observes these commandments is deemed to be righteous and participates in Olam HaBah – the afterlife.[3] However, this applies only to a non-Jew who observes the commandments because they are recorded in the Torah revealed to Moshe.[4],[5]
IV. Difficulties with Rambam’s position
Rambam’s position on the status of commandments given to the Patriarchs and earlier prophets presents many problems. Among these are the following:
- As noted above, the Rambam chooses the second above passage as the source in the Torah for the commandant of milah. According to his position, he should not have selected that passage. It is part of Hashem’s commandment to Avraham. That commandment does not obligate us to observe milah. The commandment given to Moshe obligates us. Rambam should have cited the first above passage which is taken from Parshat Tazria as the source for the commandment.
- In the second above passage, Hashem addresses Avraham. Hashem describes milah as part of His covenant with Avraham and his descendants for all generations. It is clear from this passage and from others in the section that Hashem directed Avraham and his descendants to observe this commandment for all generations. According to Rambam, we are not required to observe the commandment because it was communicated to Avraham. In other words, the commandment to Avraham did not have the authority to bind future generations. Why did Hashem tell Avraham that he and his descendants are obligated – from that moment – to observe the commandment? It seems future generations became bound to its observance only through Moshe’s recording of the commandment.
- Hashem’s address to Noach presents the same problem. Hashem seems to be commanding Noah and humanity, for all time, to observe the seven Noahide commandments. It very much seems that this communication to Noach was intended to obligate Noach and his descendants. Yet, according to Rambam it does not bind humanity in their observance. Instead, it is the record of these commandments in the Torah that binds humanity.
- The Torah was given to the Jewish people. Despite the above difficulties, we can understand that the Torah is the source obligating us to observe the mitzvot. However, Rambam argues that non-Jews are obligated to observe the seven Noahide laws only because they are recorded in the Torah. Why should non-Jews be bound to observe their commandments only because of their inclusion in the Torah given to the Jewish people?
V. The unique status of Moshe’s prophecy
The answer to these questions is provided by the comments of Rambam on the difference between Moshe and other prophets. He explains that Moshe’s level of prophecy and his credibility as a prophet exceeded that of all other prophets. His credibility is unparalleled because at Sinai his prophecy was witnessed by the entire nation. No prior or subsequent prophet participated in a similarly public display of prophecy.[6],[7]
The answers to the above questions lies in the credibility of Moshe’s prophecy. Rambam does not dispute that Hashem commanded Avraham to observe milah and that the commandment to Avraham included all future generations. He agrees that the commandment to Avraham binds us to observe this mitzvah. However, our confidence in the authenticity of Hashem’s revelation of this commandment to Avraham is not derived from a tradition communicated by Avraham through the generations. We know that Hashem revealed this commandment to Avraham because it is recorded in the Torah that Moshe received from Hashem. We observe the commandment given to Avraham. It obligates us in the performance of milah – but only because its authenticity is established by its inclusion of Moshe’s Torah.
It makes sense that Rambam cites the second above passage as the source of the commandment of milah. The commandment to Avraham is the source of our obligation. Rambam does not maintain that this commandment was canceled or rendered obsolete when Hashem gave Moshe the Torah. We are observing the commandment revealed to Avraham! However, our conviction in the authenticity of the commandment to Avraham is based upon the inclusion of a record of the prophecy in Moshe’s Torah.
VI. The relevance of the Torah to non-Jews
Similarly, Noach’s descendants are obligated to observe the Noahide laws because of the directive that Hashem gave Noach. However, the authenticity of the tradition that Noach and his descendants were charged with their observance is established only through the recording of the event in Moshe’s Torah. Without the record in the Torah, humanity would not have a credible basis upon which to base the tradition. Humanity would not have a firm basis for attributing these commandments to Hashem.
Rambam acknowledges that the Torah was given to only the Jewish people. However, he also asserts that its contents include the foundation for the laws given to Noach’s descendants. Because of Moshe’s unparalleled credibility, the inclusion of the Noahide laws within the Torah provides a firm basis for their observance as a Divine imperative.
[1] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Sefer HaMitzvot, Mitzvat Aseh 215.
[2] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Commentary on the Mishne, Mesechet Chullin 7:6.
[3] According to Rambam, this means that after one’s death, one’s soul attains eternal existence.
[4] Rambam notes that it is possible to realize that these commandments are necessary for society without knowing that they are commanded by Hashem. He acknowledges the wisdom of a person who recognizes their importance but does not know or accept that they are Divinely mandated.
[5] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Mishne Torah, Hilchot Melachim 8:10.
[6] Rabbaynu Moshe ben Maimon (Rambam / Maimonides) Mishne Torah, Hilchot Yesodai HaTorah, chapters 7 and 8.
[7] Rambam does not provide a detailed explanation of his position. He simply states that Moshe’s prophecy was witnessed by the entire nation. He does not explain how this phenomenon elevates Moshe’s prophecy to an unparalleled level of credibility. Others provide more comprehensive treatments of this issue. See for example, Rav Aharon HaLeyve, Introduction to Sefer HaChinuch. Rav Yisroel Chait has composed a detailed presentation of the argument to which Rambam alludes. See http://www.ybt.org/essays/rchait/torahsinai.html. A similar and even more detailed presentation is provided by Lawrence Kellerman in Permission to Receive.