5783/2023

Moshe Rabbeinu vs. The Malachim

Shabbat 88b-89a presents a stunning interaction between

Moshe Rabbeinu and the Malachim. The Gemara records (from

the William Davidson edition of the Talmud):

And Rabbi Yehoshua ben Levi said: When Moses

ascended on High to receive the Torah, the ministering

angels said before the Holy One, Blessed be He: Master

of the Universe, what is one born of a woman doing

here among us? The Holy One, Blessed be He, said to

them: He came to receive the Torah. The angels said

before Him: The Torah is a hidden treasure that was

concealed by you 974 generations before the creation

of the world, and you seek to give it to flesh and blood?

As it is stated: “The word which He commanded to a

thousand generations” (Psalms 105:8). Since the

Torah, the word of God, was given to the twenty-sixth

generation after Adam, the first man, the remaining

974 generations must have preceded the creation of

the world. “What is man that You are mindful of him

and the son of man that You think of him?” (Psalms

8:5). Rather, “God our Lord, how glorious is Your name

in all the earth that Your majesty is placed above the

heavens” (Psalms 8:2). The rightful place of God’s

majesty, the Torah, is in the heavens.

The Holy One, Blessed be He, said to Moses: Provide

them with an answer as to why the Torah should be

given to the people. Moses said before Him: Master of

the Universe, I am afraid lest they burn me with the

breath of their mouths. God said to him: Grasp My

throne of glory for strength and protection, and

provide them with an answer. And from where is this

derived? As it is stated: “He causes him to grasp the

front of the throne, and spreads His cloud over it” (Job

26:9), and Rabbi Naḥum said: This verse teaches that

God spread the radiance of His presence and His cloud

over Moses. Moses said before Him: Master of the

Universe, the Torah that You are giving me, what is

written in it? God said to him: “I am the Lord your God

Who brought you out of Egypt from the house of

bondage” (Exodus 20:2). Moses said to the angels: Did

you descend to Egypt? Were you enslaved to Pharaoh?

Why should the Torah be yours? Again Moses asked:

What else is written in it? God said to him: “You shall

have no other gods before Me” (Exodus 20:3). Moses

said to the angels: Do you dwell among the nations

who worship idols that you require this special

warning? Again Moses asked: What else is written in

it? The Holy One, Blessed be He, said to him:

“Remember the Shabbat day to sanctify it” (Exodus

20:8). Moses asked the angels: Do you perform labor

that you require rest from it? Again Moses asked: What

else is written in it? “Do not take the name of the Lord

your God in vain” (Exodus 20:7), meaning that it is

prohibited to swear falsely. Moses asked the angels: Do

you conduct business with one another that may lead

you to swear falsely? Again Moses asked: What else is

written in it? The Holy One, Blessed be He, said to him:

“Honor your father and your mother” (Exodus 20:12).

Moses asked the angels: Do you have a father or a

mother that would render the commandment to honor

them relevant to you? Again Moses asked: What else is

written in it? God said to him: “You shall not murder,

you shall not commit adultery, you shall not steal”

(Exodus 20:13) Moses asked the angels: Is there

jealousy among you, or is there an evil inclination

within you that would render these commandments

relevant? Immediately they agreed with the Holy One,

Blessed be He, that He made the right decision to give

the Torah to the people, and as it is stated: “God our

Lord, how glorious is Your name in all the earth”

(Psalms 8:10), while “that Your majesty is placed

above the heavens” is not written because the angels

agreed with God that it is appropriate to give the Torah

to the people on earth.

Immediately, each and every one of the angels became

an admirer of Moses and passed something to him, as

it is stated: “You ascended on high, you took a captive,

you took gifts on account of man, and even among the

rebellious also that the Lord God might dwell there”

(Psalms 68:19). The meaning of the verse is: In reward

for the fact that they called you man, you are not an

angel and the Torah is applicable to you, you took gifts

from the angels. And even the Angel of Death gave him

something, as Moses told Aaron how to stop the

plague, as it is stated: “And he placed the incense, and

he atoned for the people” (Numbers 17:12). And the

verse says: “And he stood between the dead and the

living, and the plague was stopped” (Numbers 17:13).

If it were not that the Angel of Death told him this

remedy, would he have known it?

A Major Question

While an enthralling Talmudic passage, an enormous question

looms large. Moshe Rabbeinu was obviously correct. What

were the angels even thinking when they challenged the right

of Am Yisrael to the Torah?

Three Classic Answers

The classic commentators share a range of answers, of which

we share three of the most popular. First, the Dubner Maggid

offers, as his wont, a parable to resolve the problem. A larger

Kehilla sought a beloved rabbi serving a small Jewish community to serve as its Rav. After receiving permission from

the smaller group, the larger one hired the beloved rabbi. On

the appointed day, representatives from the new community

came to accompany the rabbi to his new post, at which point,

the small-town leaders howled in protest. The new group

asked why they were upset. After all, they granted permission

for them to hire the rabbi. The small-town leaders answered

that they recognize that they must let their rabbi go, but how

can one let such a wonderful rabbi quietly leave without a

complaint!

Similarly, explains the Dubner Maggid, the Malachim

knew that the Torah belonged with Am Yisrael, but they

complained out of respect and love for the Torah.

Another answer is based on the rule of Bar Metzra, the

abutting neighbor (Bava Metzia 108 with Rashi). The abutter

has the first right to purchase the property his immediate

neighbor is about to sell if the seller (i.e., the neighbor) and

potential buyer (i.e., who is not an abutter) have an equal need

for the property.

The Malachim, according to this approach, claimed the

right to the Torah since they are “the abutter” in heaven.

Moshe Rabbeinu responded that the intended purchaser (Am

Yisrael) has a greater need for the Torah, thereby overriding

the abutter’s right to purchase.

A third approach is based on the dispute between Rabi

Eliezer and the Chachamim regarding the Tannur Shel Achnai

(Bava Metzia 59b). The Malachim reflect the opinion of Rabi

Eliezer that the authority to decide Torah law rests in heaven.

Moshe Rabbeinu, though, follows the Chachamim’s view that

Lo BaShamayim Hee, that the right to determine Torah law

rests upon Israel’s sages.

Two New Approaches

My son-in-law Yisroel Perton compares the Malachim to one

who purchases Sefarim to adorn his home but does not learn

from them. Our Gemara teaches that if one has Sefarim in his

home, he must learn from them! In a broader sense, the

Gemara also teaches that Hashem giving us the Torah demands

we observe it. If we, God forbid, neglect the Torah, it might as

well have remained with the Malachim.

My older son Binyamin boldly compares the Malachim

to Titus of Gittin 56b, who argues that it is impossible to

observe the Torah. The Malachim believe we do not deserve

the Torah since we will imperfectly follow it. Moshe Rabbeinu

responds that Hashem intends the Torah for imperfect beings

with weaknesses which the Torah helps them overcome.

Conclusion – The Greatness of Am Yisrael

However, one understands this intriguing Talmudic passage,

the Gemara communicates the potential greatness of Am

Yisrael. Moshe Rabbeinu, in our story, touches the Kisei

HaKavod (divine throne), unlike the Malachim. While the

Malachim are flawless beings, Am Yisrael has the potential to

exceed them. The Torah is the blueprint for us to reach levels

even higher than the angels! Our overcoming our weaknesses

and strictly adhering to the Torah is the stuff of greatness. That

is why we, not the Malachim, need and deserve the Torah!