Or HaChaim on Exodus 31:13/אור החיים על שמות ל״א:י״ג

1 ואתה תדבר אל בני ישראל, "You too speak to the children of Israel, etc." Why does the Torah use the unusual ואתה in this instance? The letter ו is also unusual, as is the repetitive דבר, seeing the Torah already reported G'd as saying to Moses לאמור? Besides, why was the word לאמור repeated once more in this verse? To whom were the children of Israel supposed to communicate this directive? Even though I have already explained at the beginning of פרשת תרומה that the word דבר is needed and it is not enough to write לאמור, in this instance even the word לאמור has been repeated! Another problem is the word שבתותי in the plural. According to Shabbat 69 the reason for the plural is to decrease the liability of someone who through lack of knowledge of the principle of work-prohibition on the Sabbath has violated a string of Sabbaths. His offence would be considered as being only one offence covering all these Sabbaths and a single sin-offering would suffice to obtain atonement for such a person.. In the Mechilta on our verse the use of the plural is explained as including liability for transgressions of rabbinic commandments commonly known as שבות.

2Before we offer our own commnetary on the meaning of this verse let us first examine the word אך which introduces this directive. By understanding the significance of that word we will arrive at a clearer understanding of why the Torah wrote the word לאמור twice, as well as the other details we queried at the beginning of this paragraph. Our sages in Shabbat 129 state that it is permitted to violate the Sabbath legislation for the sake of a sick person if the sick person's life would be endangered unless the Sabbath were violated for his sake. Any situation in which a life is at stake overrides the Sabbath prohibitions. This is what the Torah hinted at when it introduced this piece of legislation with the restrictive word אך, "however." The word simply means that situations may arise which override the legislation about to be recorded. The meaning of the plural is that any day which is also described as שבת in the Torah such as the Day of Atonement or the other festivals, falls into the same category when it comes to the principles permitting violation of the Sabbath or even demanding violation of the Sabbath. It also means that for the sake of such sick people one may violate more than one Sabbath if the patient has not recovered in the interval.

3A further ruling derived from the above wording is the case of a patient who requires eight days' consecutive treatment. One should not delay commencement of such treatment in order to violate only a single Sabbath but one has to commence treatment of the patient at once even if this involves the violation of two Sabbath days (based on Yuma 84).

4When the Torah emphasis that the Sabbaths belong to G'd, i.e. שבתותי, this may be an allusion to the reason behind the legislation to violate the Sabbath when observing it involves danger to one's life. Inasmuch as it is G'd's Sabbath, it is in G'd's interest that we observe the Sabbath as many times as possible. When violating one or several Sabbath-days results in the patient recovering and observing many more Sabbaths when he has recovered, G'd's purpose in giving us the Sabbath legislation will be fulfilled. This is the only case where we do not follow the principle of not telling one person to commit a sin in order to enable others to perform the commandments. We are told in Shabbat 4 that if someone deliberately stuck dough for bread on the walls of the baking oven in order to bake bread on the Sabbath, he may remove it (a prohibited act) in order to escape the death penalty if he had allowed it to become bread. However, a fellow Jew is not allowed to remove that dough in order to rescue the first Jew from the consequences of his sin. Even the king himself is not only allowed but commanded to violate the Sabbath for the sake of saving a patient's life. In fact, failure to do so (in the absence of trained personnel) is considered a slight against G'd's commandments.

5כי אות היא ביני וביניכם, "for it is a sign between Me and between you, etc." This means that unless there are people observing the Sabbath, the Sabbath is considered as non-existent.

6לדעת, "(for you) to know", etc. With this word the Torah revealed that it considers the sanctity of the Jew's soul as on a higher plane than the sanctity of the Sabbath seeing that the Sabbath is subordinate to the survival of the Jew. The word לדעת means that we are to appreciate that G'd sanctifies us.

7Rashi explains that the word אך means that the work of constructing the Tabernacle is not to supersede the Sabbath legislation but that such work must be interrupted in order for even the artisans to observe the Sabbath. Halachically speaking, Rashi is correct; however, the meaning of the word אך is intended to limit the application of the Sabbath itself, not to impose limits on people concerning the Sabbath. Besides, why would anyone have thought that the building of the Tabernacle should override the work prohibition of the Sabbath so that the Torah had to caution the Israelites against making such an error? It is not our intention to cast aspersions on other commentators and especially on Rashi's sacred words; all the various commentaries fall into the category of אלו ואלו דברי אלוקים חיים, "the various commentaries are all inspired by genuine Torah study."

8When the Torah said: ואתה דבר it is necessary in light of the exclusions to the Sabbath legislation alluded to by the word אך. Moses did not know when such exclusions would apply. G'd therefore told Moses orally what these exclusions were to be .The words ואתה דבר mean Moses was to relate these rules only by oral instructions and they were not to be written down in the Torah scroll. Our holy Torah not only uses words extremely sparingly but even each individual letter is never wasted. The absence of a letter we would have expected, or an additional letter which we did not expect, teaches man halachot. This is the meaning of the saying of our sages that the written Torah has seventy "faces," four levels of exegesis, and thirty-one tracks. Each "track" in turn consists of many different paths. Bamidbar Rabbah 19,3 commenting on Kings I 5,12 that Solomon composed 3.000 parables, etc., quotes a Rabbi who searched the entire Bible for comments by Solomon and did not find even eight hundred verses attributed to him. He therefore concluded that each utterance of Solomon had a number of meanings and this is what the verse referred to which credited Solomon with the composition of 3.000 parables. This is simply an example of the succinct manner in which the Holy Scriptures employ words. At the same time you must appreciate that there are homilies and halachot with which every person has to be familiar even though some of these may be laws applicable to every single Jew whereas others may be applicable only in very rare situations. There are even some which have no application in practice at all.

9Do not ask why G'd in His wisdom has decided to allude to these homilies and halachot only peripherally instead of spelling them out in the written text of the Torah. The answer to such a question is right in front of your eyes. They are matters not suitable for recording in a book. Consider a statement of our sages in Avot de Rabbi Natan chapter 25 where we find the following in the name of Rabbi Eliezer ben Hyrkanus. He said to Rabbi Akiva: "if all the oceans were to be ink, and all the reeds were turned into quills, and all men scribes, they could not commit to paper all the halachot about ritual purity and impurity which I have learned through constant close association with my teachers during my life." All of these teachings are somehow alluded to in the Holy Torah though it has used words so sparingly. Although it is not given to man to record all these teachings in a book, Moses was taught all of this during the forty days he spent on Mount Sinai. The Sabbath legislation is only one example of the written Torah recording a minimum (apparently) of halachot, whereas the oral Torah augments this many times over. The Torah simply hinted to Moses by the way it expressed itself that there are many more exclusions to the applicability of the Sabbath legislation than the single one hinted at by the word אך. G'd instructed Moses to fill the people in on this when the Torah reports G'd as saying: ואתה דבר.

10When the Torah repeats דבר אל בני ישראל לאמור, it means Moses was to tell the people of this habit of the written Torah not to spell out every little detail of its legislation but to reserve much to be communicated orally to the people by Moses. By adopting this approach we may be able to account for the apparently superfluous לאמור in many instances where this occurs. It means that the people are obligated to study these details though they are not spelled out in the Torah.

11We may also understand the unusual word ואתה in the light of Shabbat 10 where the words לדעת כי אני ה׳ מקדשכם are explained in these terms: G'd said to Moses 'I have a beautiful gift in My treasure chamber, its name is Sabbath, and I want to give it to the Jewish people.'" We learn from here that if someone wishes to give a gift to a child, he must first let the child's mother know of his intentions. The Talmud asks why G'd had not advised Moses that his face was radiating light when he descended from Mount Sinai (Exodus 34,29). The first answer is that the rule does not apply when the gift becomes self-evident such as in the case of Moses' skin radiating light. G'd therefore had to tell Moses ואתה דבר, so that Moses would not draw a comparison between what had occurred when his skin began to radiate light, but that he would advise the people that the Sabbath was indeed a gift. In the case of Moses, he was bound to find out that G'd had given him this gift of a skin which radiated light. The Jewish people might not become aware of the nature of the Sabbath as a gift unless told specifically. Moses might have concluded that inasmuch as the Sabbath is something visible [such as the fact that no manna fell on that day, Ed.], he did not have to reveal further details just as G'd did not reveal to him the fact that the skin of his face radiated light. He would feel certain that the people would conclude all by themselves that the day was one of rest and enjoyment. G'd therefore told Moses אות היא, that the rest and enjoyment aspect of the Sabbath is only a symbol of the eventual Sabbath, i.e. a time when life on earth will be a "Sabbath" all week long and we do not have to content ourselves with the spiritual elevation we experience once a week when G'd grants us the additional soul, נשמה יתירה, only to remove it again at the termination of the Sabbath. G'd therefore said to Moses דבר…לדעת, to inform the people of the nature of the gift that G'd was bestowing upon them and the spiritual contentment attainable through observance of the Sabbath.