As we traverse the book of Bereishit, the subject of our ancestors’ observance of Torah law frequently surfaces. For many of us, our Judaism is so dominated by the regimen of halacha that we find it hard to relate to earlier role models who might have legitimately worshipped God in a very different manner. This leads us to embrace literal renderings of midrashim which, for example, depict Avraham and Lot as anachronistically observing the commandment of eating matzot on Pesach – centuries before the Exodus would occur.
The pre-eminent position popularly awarded to Rashi among Torah commentators has led to this being widely regarded as the only – or at least the mainstream – legitimate approach. Patriarchal episodes, such as Ya’akov marrying sisters, which contradict this narrative are typically treated as exceptions for reasons of necessity. It is certainly important, however, to be aware of how other traditional commentators dealt with this matter.
Radak, by contrast, limits the scope of these teachings – presumably reading them in the context of the reality that none of these laws had yet been revealed and in some cases did not yet bear the symbolic significance that they would later attain. The “commandments and instructions” that Avraham observed, he therefore concludes, can only be referring to the sorts of “sichli” commandments which can be logically deduced. Noting the midrashic teachings that Avraham even observed safeguards such as erev tavshilin, Radak explains that this conveys that Avraham was so meticulous and precise in his observance of the rules which he kept, that he made his own additional regulations which went beyond what was strictly necessary.
Some commandments, however, clearly did pre-date the Sinai revelation. A prohibition against murder is related early in the book of Bereishit, and rabbinic tradition expands this to encompass a whole set of Noachide laws. Specific instructions were also given to the household of Avraham regarding circumcision and, as we read yesterday, to the descendants of Ya’akov concerning consumption of the gid hanashe (sciatic nerve).
It is with regard to gid hanashe that Rambam sets out what he calls a fundamental principle of how to understand these pre-Sinaitic laws. All of the mitzvot, explains Rambam in his Commentary to the Mishna, that we keep today, we do so because they were commanded to Moshe in the desert. Even if these were previously commanded to our ancestors such as circumcision and gid hanashe, this is not the reason that we are bound today. As is noted in that Mishnah (Chullin 7:6) – and further expanded upon in Judaism Reclaimed– the way in which such laws were observed in the pre-Sinai era sometimes varied from how the Torah would ultimately fix them.
While our ancestors seem to have observed at least some of what was to become Torah law, they did so with a degree of flexibility, with the discretion to determine how the law should best be applied to their particular circumstances. Once these commandments were to become a form of National Law at Sinai, however, they needed to be fixed into the framework of a legal system (see Moreh Nevuchim 3:34).
While it appears therefore that the Jews are bound by the Sinai revelation rather than prior prophetic pronouncements, the requirement of non-Jews to observe Noachide laws presumably remains as it was. Rambam, in Hilchot Melachim, writes that Adam HaRishon was commanded in these basic laws of human civilisation – an understanding which makes these laws sufficiently universal for corrupt and evil societies such as Sodom to receive punishment (he also notes that Moshe was subsequently commanded to enforce these laws).
Perhaps the most interesting commandment in this regard is that of circumcision. Rambam writes (Hil. Melachim 10:7) that the descendants of Yishmael and Eisav were not obligated in this since only Yitzchak, who remained loyal to Avraham’s religious and ethical teachings, was commanded with circumcision. This is difficult to reconcile, however, with his next statement:
“Our Sages related that the descendants of Keturah who are the offspring of Avraham that came after Yitzchak and Yishmael are also obligated in circumcision. Since, at present, the descendants of Yishmael have become intermingled with the descendants of Keturah, they are all obligated to be circumcised on the eighth day.”
Does this mean that the children of Keturah did remain loyal to Avraham’s teachings? We do not hear much about the fate of these descendants. And, interestingly, these laws appear to remain operative – at least in theory – based on their pre-Sinaitic instruction.
First posted to Facebook 11 December 2022, here.
