פרשה: נצבים · עלייה: ראשון (חסד)

אתם נצבים היום, "You are standing today, etc." We have to analyse what these words are meant to tell us. Besides, why did Moses have to single out ראשיכם, טפכם, "your heads and your children," and did not simply say כלכם, "all of you?" Moreover, what was the reason for this covenant? Just a few lines ago (28,69) Moses had written: "these are the words of the covenant, etc." If Moses was anxious to include what is written in this portion in the covenant, he should have written this chapter sooner and everything would have been included in what are described as "the words of the covenant in 28,69."

It appears that what Moses wanted with this new covenant was to make the Israelites responsible for one another in their מצוה-performance. Each Jew has to see to it that his fellow Jew does not stumble and commit sins. The proof that this is what Moses had in mind here is to be found in verse 28 of our chapter where the Israelites are relieved of their responsibility when the nature of the sin committed is one that is secret. The Torah emphasises הנגלות, "publicly committed sins," must be dealt with by ourselves. It is clear that that verse speaks of the mutual responsibility of one Jew for the conduct of another. Naturally, the degree to which we have to carry out this responsibility varies with our position in the community.

Let us now understand the meaning of the words: "you are standing here today." We may best understand this by referring to Ruth,2,5 נצב על הקוצרים, "the one standing over the reapers." The word in Ruth means "the one appointed over the reapers." Moses added the word כלכם, "all of you," to make plain that the mutual responsibility with which he charged each member of the people applied to one and all. We have been taught in Shabbat 54 that anyone who is in a position to protest a sin being committed by a fellow Jew, and who does not exercise his power of protest will be considered as an accessory to that sin. Some people's authority extends to their entire city whereas others may have authority to do this only within the walls of their own houses. Every Jew is responsible in the parameter where he can enforce his will. ראשיכם refers to the highly placed individuals in society. Such people share in the responsibility of the conduct of the whole nation. שבטיכם refers to heads of tribes, whereas זקניכם ושוטריכם, refers to heads of households, "your elders and law enforcement officers." Finally, כל איש ישראל, every man of this people possesses some influence over other members of his household. At this point the Torah interrupts before continuing with its reference to children, women, and proselytes. They are listed separately as they are the ones who will not become accessories when they do not admonish fellow Jews about their duties to perform the commandments. Children are not culpable as they do not understand the meaning of sin. How could they be expected to call their elders to order? The same applies to the women. Proselytes most certainly cannot be expected to call to order Jews who are natural born Jews. Our sages explained in Yevamot 45 that Deut. 17,15 שום תשים עליך מלך, is restrictive and means that only a fellow Jew may be appointed over you. However, we know from Niddah 13 that there is an obligation for Jews to call proselytes to order, and that Jews who fail to do so may find themselves culpable as accessories if the proselyte commits a sin.

Something deeper hinted to in the meaning of the words you all standing... is that all those who are distant from holiness (transgressors), their 'standing' is lowly and their heads are sullen; however for THIS it is written 'you all standing...' to be standing in front of Hashem--to be before Hashem...[even they] should stand and raise their heads!

לעברך בברית…ובאלתו, "for you to enter (pass) into the covenant…and His curse" (if need be). The reason Moses added the word ובאלתו, "and His curse," will become clearer when we have explained the need for the covenant. Why was the Torah not satisfied with all the admonitions and curses which have already been recorded in the Torah? Some clever people who want to escape the cumulative curses and punishments recorded in chapter 28 may decide to commit a single transgression, such as violating the Sabbath or the laws of idolatry and to thereby become guilty of only a single one of all these penalties seeing that those laws are considered the cornerstones of Judaism. Such people prefer this to first accepting the authority of G'd and the Torah which would make them potentially liable to as many as 36 penalties of Karet. Moses acted astutely when he persuaded these people to accept upon themselves the covenant so that in the future they would be liable for each transgression separately. The oath (curse) would apply if any of these people deliberately flouted the laws he had undertaken to observe as a result of embracing this covenant. Once they had done this, even the intention of violating a fundamental law of Judaism would not safegaurd them against becoming culpable for each transgression separately.