“It is not with you alone that I am making this sworn covenant, but with whoever is standing here with us today before the Lord our G-d, and with whoever is not here with us today” (Deuteronomy 29:13-14).
“Life and death I have set before you, blessing and curse. And you shall choose life.” (Deuteronomy 30:19)
On his final day, Moshe gathers Am Yisrael for the purpose of renewing their Brit (Covenant) with G-d. The name of the parashah, “Nitzavin,” hints at the solemnity of the occasion. “Nitzav” means “standing” in Hebrew. However, as commentators like Rash”i and Sforno suggest, it means more than just “standing.” It carries the sense of standing firmly, uprightly, with presence, and resolve to honour this important milestone in Jewish history
Parashat Nitzavim includes some of the most fundamental principles of the Jewish faith. This essay will focus on two of them.
The first stresses collective accountability, as the words “whoever is not with us today,” in the first quote above (Deuteronomy 29:13-14) alludes to. The Torah, it tells us, applies to every Jew at all times and is binding on every Jew even those not born yet. All members of Am Yisrael are original covenant partners. In other words, Our Covenant with G-d is not just historical but eternal.
“The phrase, ‘whoever is not here,’ explains Lord Rabbi Sacks, “cannot refer to Yisraelites alive at the time who happened to be somewhere else……since the entire nation was assembled there. Moshe can only mean ‘generations not yet born’…..By agreeing to be G-d’s People,” concludes Sacks, “subject to G-d’s laws, our ancestors obligated us all.”
Midrash Tanchuma (Nitzavim 3) and Talmud (Shavuot 39a) interpret the phrase, which has been central in Jewish thought, “all Jewish souls, past, present, and future, were spiritually present.”
Ramba”n (Nachmanides) goes even further and asserts that this phrase also includes gerim (further converts to Judaism). Even those who would one day join Yisrael were foreseen and included (proving that Torah’s reach is beyond biological descent).
Sforno highlights the responsibility and solidarity facet of our Jewish faith suggesting that the covenant is binding on every individual because Yisrael functions as a community where all are responsible for one another.
What these verses establish is that Judaism is a timeless, transgenerational commitment.
The second paramount principle of the parashah that this article wishes to address is Free Will. It is reflected in the second verse above (Deuteronomy 30:19). There, Moshe, in a stirring declaration, calls upon the People to “choose life,” a declaration that is often cited as the clearest statement of human Free Will.
It seems that at the heart of Parashat Nitzavim lies a profound tension between destiny and free will. It stems from the paradox it echoes. On the one hand, how can unborn generations be forced into a covenant that they never chose, if individuals truly have free will? On the other hand, if a nation as a whole is accountable for each member’s conduct, does that diminish the individual’s authority?
This tension did not escape Jewish thinkers and commentators who were trying to reconcile the two conflicting themes.
Ramba”n and Abrabanel teach us that just as any child is born into a family without choosing it, so too, every Jew is born into the Covenant. The Covenant in their view is a national identity contract which defines our Peoplehood. Ramba”m (Hilchot Teshuvah 5) stresses that though the Covenant is permanent, every human being is fully free to choose obedience or disobedience. How one lives in that Covenant is left to each person’s free choice.
Midrash (Shabbat 88a) contends that though the Covenant binds us objectively, every generation must subjectively re-embrace it by choice.
Modern Jewish thinkers also address this tension between the binding covenant and free choice in Nitzavim.
Rabbi Joseph B. Soloveitchik (1903-1993) distinguishes between Covenant of Fate (Brit Goral) which “coerced” future generations into a Covenant of Fate since they were born into it and Covenant of Destiny (Brit Yi’ud) in which every individual must freely choose to live out the covenant of destiny (Kol Dodi Dofek...The Lonely Man of Faith).
In Covenant and Conversation on Nitzavim, Lord Rabbi Jonathan Sacks explains that Covenant is not tyranny but rather a partnership. G-d gives people freedom to choose how to respond, including the possibility of failure, exile and redemption. For Sacks, the phrase “choose life” demonstrates that while we inherit the Covenant, its fulfillment depends on moral freedom.
Rav Kook (1865-1935) asserts that the eternal Covenant means that every Jew, even if they reject it consciously, retains a spark of connection. The manner in which that spark of connection is expressed is left to the individual’s free will.
The lesson that Parashat Nitzavim teaches us is that the Covenant is inescapable as collective identity. Every Jew past, present or future is born into it. However, within that, it points out that every person retains absolute Free Will in how to live, respond, or rebel. The Covenant gives the framework, Free Will determines the journey.
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