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This is the third in a a series of essays written by Ed Codish for a prayer group trying to link the Conservative, Orthodox and reform Jewish communities in southeastern Michigan. This essay, more technical perhaps than the first two, offers a way to read Jewish texts which may make them available to far more Jews than is now the case. Certainly, that is the intention, and judging by the response so far, it may be working.

I also enclose a poem which I offer with some trepidation. It is very easily misunderstood.

The Shattered Tablets of the Law

By Ed Codish

I am going to suggest a way to read Jewish sacred texts, including Torah, the Prophets, the Writings, Mishna, Gemmara, Midrash, and rabbinical commentaries on these. I shall use the word "Torah" as inclusive of these texts. I start from the viewpoint that the texts are intelligible and infinite, which is a contradiction, and from the viewpoint that the only way we have of approaching God, other than through each other, is through these texts. So reading them is crucial. The subject is immense, and this essay only a beginning.

The texts are broken at their source, the tablets of Law shattered by Moses who brought them to us (although he did make a copy), and no ordinary process of reading makes much sense. I am not the first (there was no first) to approach this difficulty. I begin with a few Rabbinical comments on the shattered tablets. These are not given chronologically, because they were not so conceived. All Israel, we are told in another set of comments, stood together to receive the Law, and all Israel included the living, the dead, and the not yet born. Standing together there, we certainly talked to each other. Just as certainly, we all heard the same voice, saying the same words, and we all heard something different. (There is a closely related difficulty in reference to the different wording of the commandments as given in Exodus and in Deuteronomy, but I leave that for elsewhere.)

Among the approaches to these texts, to Judaism (perhaps to any text based religion), and to God, two suggest themselves here. We can either attempt to determine what was really said, or we can examine, and live in, the tensions of multiple meanings, manifold readings. I think the texts as we have them, in one pattern of reading, demands the second alternative.

When Moses descends from Mount Sinai carrying the tablets of the Law, he encounters Joshua, who has waited forty days and forty nights for him. They hear sounds from the encampment. Joshua, who is, in addition to being a religious leader, the military commander of Israel, says, "There is a noise of war in the camp." Moses disputes Joshua's reading of the sound. No, he says, "It is not the voice of them that shout for mastery, neither is it the voice of them that cry for being overcome, but the voice of them that sing do I hear." (Exodus 32:18; the translation here is that of The Jewish Publication Society: Philadelphia, 1955. Translations hereafter will be mine, except where indicated.) The Jews are worshipping the Golden Calf. Moses throws down the tablets of the Law, and they shatter at his feet. In the Talmud we read (Baba Batra 14a) that according to R Resh Lakish, God congratulated Moses for shattering the Tablets. R. Marc-Alain Ouaknin writes, "The breaking of the tablets is not the destruction of the Law; it is, on the contrary, the gift of the Law in the form of its breaking." (The Burnt Book, Princeton University Press: Princeton, 1995, p. 300) R. Yehuda Loew ben Bezalel, the Maharal of Prague, writing in the sixteenth century, adds that the reason the divinely written Law had to be shattered was that "Israel was not at the status of Man, but at the status of the angels." (Tiferet Yisrael, p. 102) All of this requires additional explanation, explication and expansion, and that is the basic idea and purpose of the whole enterprise of Judaism.

Various traditions exist as to the contents of the shattered tablets. These are gathered together in the Jerusalem Talmud (fourth century), and in the aggadic midrash, Shir Hashirim Rabba (sixth century). For practical purposes of legal determinations, the two sets of tablets, those written by God and those written by Moses, are conventionally held to be identical. This obviates any attempt to argue that Moses did not understand what God had said, and that the "real" Law lies shattered somewhere in the desert. And indeed, no source argues that the Ten Commandments as we have them were not those given by God to Moses. The distinctions between the two sets of Law are more subtle than differences in wording.

In Exodus 32:15 the tablets carved by God are described: "And Moses turned and descended the mountain and the two tablets of testimony were in his hand, tablets written on both sides, from this and this they were written. And the tablets were the work of God, and the writing was God's writing graven on the tablets." Rashi (R. Shlomo Yitzchaki), writing in the eleventh century, comments that a miracle was involved. This is because the letters, which were carved through the stone, would have fallen out, if readable from both sides. But Rashi has restricted himself programmatically to a more or less literal reading of the text. As he knew, another reading existed.

In the Jerusalem Talmud (Sheqalim 25a), we read: "How were the tablets written? R. Hanania ben Gamliel says five on this tablet and five on the other tablet, as it is written, 'And He wrote them on two tablets of stone, five on this tablet and five on that tablet.' But the Rabbis say ten on this tablet and ten on that tablet, as it is written, 'And He told you of His covenant, the ten words,' ten on this tablet and ten on that. R. Shimon ben Yohai says twenty on this tablet and twenty on that tablet, as it is written, 'And He wrote them on two tablets of stone,' twenty on this tablet and twenty on that tablet. R. Simai says forty on this tablet and forty on that tablet, as it is written, 'Tablets written from both sides, from this and from that,' in a square." This is repeated in the Jerusalem Talmud in Sota 36b, which assesses the dimensions of the tablets and gives the arrangement of the broken and whole tablets in the ark. The conversational reading is again given in Shir Hashirim Rabba 5:19.

This is a strange conversation - a strange reading of the text of Exodus - from a number of points of view. First, since there is no real disagreement that the whole tablets written by Moses were written with five commandments on each tablet, why is there any reason to doubt that the divine tablets were similarly written? Second, why should the commandments, ten in number, be repeated so many times ? In R. Simai's reading, each is graven eight times. Third, why do the Rabbis disagree? We would normally expect further discussion in such a case, but there is none.

In Tiferet Yisrael, (Chapter 35, pp. 101-102 in standard editions) R. Judah Loew, the Maharal, offers a reading of both the text of Exodus and that of the Rabbis cited. Greatly to simplify, the Maharal determines that a product of God must be perfect, and therefore all the ten commandments must exist on each tablet; otherwise each would be incomplete and imperfect. Here, the conceit is simple enough. But the Maharal goes on to insist that the tablets had to be identical no matter what the point of view of the observer. The rabbis represented this aspect of the tablets by assuming a square shape, with the ten commandments graven in normal Hebrew right to left order, but also left to right; in normal top to bottom order, but also bottom to top. Because the commandments were carved completely through the stone, they could be read both by Moses and those facing him.

The Maharal says that each of the rabbis was correct: R. Hananiah spoke of the tablets Moses hewed; others of the perfection of the contents; R. Shimon and R. Simai stood in different locations, and saw different patterns of carving. "Each of these sages, one after the other, came to add perfection to perfection, until the tablets were perfect and complete, as is proper for a work of God."

Were the rabbis describing the perfection of God's work, or were they perfecting it themselves? Which of the approaches to the text were they using? Certainly that of tension and multiple meaning, and this in respect to the very core of Torah. The Maharal calls the tablets "the connection between God and man" and as such, different in nature from the rest of Torah. The tablets God made were perfect in this imagery, but not the ones carved by Moses, the whole tablets in the ark. These, unlike God's, differ depending on the viewpoint of the observer. This is not stated, but is obviously the case, for otherwise, there was no object in imagining the cubic tablets with each commandment written eight times.

The question I approach is the key to my discussion here. Why did God not instruct Moses to make an exact replica of the tablets he shattered? The Maharal, in the pages cited, writes that the original, God graven tablets, were "unsuitable for this world...because when Israel received the Torah they were not at the (spiritual) level of mankind, but at that of angels." Therefore, the first tablets had to be broken and Israel had to reach the status of man. Angels, we shall assume, or at least the angels the rabbis had in mind, see everything the same way. There is no individualism, no idiosyncrasy of interpretation among the angels. Those uninterpretable tablets, those tablets for which no hermeneutic was necessary, were shattered. This world's Torah is this world's readings of Torah, and so we needed a Torah which could be read. This is what Moses descended with after he broke the first tablets, and we have been reading it many ways ever since.

The rabbis seem always to have suspected that we could never have dealt with the first tablets. In the sight of God's writing, the hearing of God's words, all action would have been commanded action. Who would not have responded to such commands, issued without possibility of error? But what on earth would we have had to think about, to talk about, other than the details of obedience? Repeatedly we read that the commandment to study Torah is the equivalent of all other commandments combined. God Himself is pictured by the rabbis as learning Torah. And so, in the Talmud (Menachot 98a-b), we read, "Resh Lakish said, 'sometimes (or 'often') ( or 'he often said') the rejection of Torah is Torah's foundation, as it is written: (Exodus 34) Which you broke. The Holy One said to Moses: Congratulations that you broke them.'" Resh Lakish's words, in a shorter version, are given also in Baba Batra 14b.

What we have so far is an acceptance - in the case of Resh Lakish a glad acceptance - of the need for whole but human, and therefore ambiguous, tablets. The ten commandments only are acceptable, only make sense to us, if we can interpret and misinterpret them. God's tablets are the same no matter how viewed; humanity's, apparently so much simpler than God's, are really difficult to make coherent sense out of.

Emmanuel Levinas, in an interview with Rainer Rochitz (Conversations with French Philosophers, Humanities Press: Highland Park, 1995, pp. 64-65) offers an example of the difficulty. He says:
    How are the ten commandments written on the two tablets? That is, if you want to say it in German, a meschuggene, a verruckte question. In a commentary from the first century [centuries] after Christ, there are two interpretations of question and answer. On the two tablets, the ten commandments are written twice. Once on the one tablet and once on the other. That's a possible answer! Naturally you don't have to interpret the world of the ten commandments in a way that's always one and the same. The ten commandments can form various worlds, which are not exclusive, but which are different from one another. The other opinion is that five are written on one tablet and five are written on the other. Why? Because then you can't just read them from top to bottom but also horizontally. And then you get: "I am the eternal" and "Thou shalt not kill." We were in a monastery in Holland and there I saw two tablets. On one tablet were written three, and on the other seven commandments. The commandments about God and the commandments about humans - separated from one another! I said to my dear neighbor that I had seen the tablets written differently. He asked why I criticized the three and the seven. I told him my story of the two tablets: the "twice ten" and the "five and five." I had great success!

The relationship Levinas wants between commandments that connect people to God and those that connect people to people does not exist independently of other relationships on the tablets God made, but it always exists. On those tablets Moses made, the relationship may or may not exist, as in the monastery's version, or in that of the many people who automatically read only top to bottom. But if it is found, it exists powerfully in the mind of the finder, momentarily free of other connections. This is the way the rabbis read Torah, in the light of momentary relationships torn out of context and so given power - at least the power of the violence of the tear.

The theme of shattering, of shattering which leads to new readings, is ancient, if ancient matters. In Breshit Rabba (38:13), an early compendium of rabbinical stories, we find the fable known to all Jewish kindergartners of Abraham and his father's idols. After examining them, and determining that they are only stone, Abraham takes a stick and knocks them over, breaking them. Abraham is shown as a child questioning the value of idol worship, and ridiculing his father's gods because they are powerless, or because they derive whatever power they have from the people who worship them. In this parable, in order to reach God, gods must be shattered, whereas in the shattering of the tablets, what is shattered is truly divine. But the result is similar: what was numerous becomes one. The philosophical outcomes seem almost paradoxically opposite. Abraham moves from the many facets of the immanent, which idol worship represents, to the wholly transcendent unrepresentable God. Moses moves from the apparent multiplicity of the divine - the single set of commandments written eight times - to the unity of the immanent - a single set of commandments. But this is misleading. The eight times written commandments were identical from all perspectives, while the single set, written five and five, are read differently by every observer. Each account, that of Abraham and that of Moses, is an account of the unity of the transcendent, compared to the multiple readings of the immanent. The two midrashic writings, that of Abraham and that which tells of the writing on the tablets Moses shattered, may be taken as framing relations of Judaism's coming to terms with a wholly transcendent, immanently absent God. Hassidei Ashkenaz, a group of medieval pietists, held the doctrine that the true Laws, the genuine Torah, existed only with God, and that what we have been given is all we can read of it.

What I am suggesting here is that it is not the Law, but the shattering of the Law, which forms the connection between God and humanity. Had God instructed Moses to duplicate the tablets He had made, sooner or later the second set of tablets would also have to be shattered. The idea of unity, which is the idea of infinity, or eternity, is not a human idea, although we have named it.

God, that is to say, is not in the tablets, nor is He in the fragments of tablets. The fragments cannot exist for us in any useful way, except as remembrance, memorial for, in Levinas' frequently written phrase, "a trace of a past that never was." I think that what Levinas means by "saying" in Otherwise than Being (Kluwer Academic Publishers: Dordrecht, 1974) is the sound of the tablets breaking, or the murmuring of those staring at the fragments, or remembering them, or talking about them. We never did receive them. The tablets we did receive are multisemic, they are impossible ever to put into propositional language, or into anything even paraphrasable. The metaphor is of six hundred thousand men, plus a corresponding number of women and children, each with a different angle of vision, a different hearing. God may be in the breaking, a breaking we carry out every time we crack open a volume of Torah.

When we read Torah, the saying becomes, again in Levinas' language, a "said." I will give two examples, both from my own reading. The first is based on an occurance that takes place at Mount Sinai.There is a strange passage in Exodus 24. Moses tells the people, as so often in Torah, what God has told him, replacing, with his human concept of the said, whatever had been the experience of God's saying. But for the only time in Torah, Moses uses the verb SPR (vayisaper) for "said" instead of the otherwise constant DBR (vayidaber), usually rendered "spoke." Later in the chapter, we read that Moses and the elders beheld the floor under the divine throne. It is descibed as "livnat sapir," translated as a "pavement of sapphire." But with the hint of SPR earlier, the Hebrew could be rendered as "a construction of saying." I knew, as the possible reading occured to me, that I had broken the text, shattered it. Instead of the generally accepted, but meaningless, vision of God seated on a throne set on a paving of precious stones, I now had a vision of God as the source of saying, surrounded by saying.

The second, less mystical example occured recently while I was studying Mishna with my daughter. At the beginning of Tractate Peah, the text reads: "These are the things which have no set measure: The corner of the field left for the poor; the first fruits brought to Jerusalem for the cohanim; appearances in Jerusalem for the pilgrim festivals; acts of kindness to others; and learning Torah. These are the things that a person is rewarded for in this world, and yet will also be rewarded for them in the world to come: honoring one's mother and father; acts of kindness to others; bringing peace between people. And the study of Torah is as if it were equal to all of these."

Idit, my daughter, pointed out to me that the Hebrew for set measure, shiur, is also the word for lesson. Therefore, our Mishna could be translated: "These are the things for which no lesson is required." That is, the Mishna may say that these are things which a person should know herself. Read, legitimately, Idit's way, the Mishna is an altogether different "said." In both cases, and in many others, the examples of Levinas' Talmudic readings and the hermeneutic directions given by his philosophical works have been of great help in hearing.

Reading these sacred texts, then, becomes a matter of listening carefully for the instant of breaking, which happened in Sinai, a desert where no location was definite, in a time before time, or outside of time. The instant anything is heard, it becomes a "said," a normal statement requiring the attention we give any statement on a matter of importance. The "said" is immanent and multiple, either one in a series of readings or one of a group of simultaneous readings. For practical, that is legal, purposes, the texts have an agreed meaning, or a set range of agreed meanings, all based on the second set of tablets. Behind the second tablets, though, in the shattered divine, are the echoes of that breaking, echoes of the sound of the shattering of God's words.

To part four of this essay



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