[Avodah] Since Moshe received the Torah, didn't he know that God would punish him for hitting the rock?

[Micha Berger]

On Wed, May 02, 2012 at 08:07:02AM -0500, Lisa Liel wrote:
: There's a view that the Torah was given piecemeal over the 40 years we 
: were in the desert.  He may not have received that piece until after the 
: fact.

This machloqes comes up more than once.

On Gittin 60a, the disputants are R' Yochanan and Reish Laqish:
    R' Yochanan said in the name of R' Benaiah, "The Torah was given
    scroll by scroll. As it says (Tehillim 40), 'Az amarti: hinei
    basi bemegilas sefer'."
    R' Shimon ben Laqish said, "The Torah was given sealed. As it says,
    (Devarim 31) 'Laqoach es sefer haTorah hazos'."

I recall this because I think there is something else going on in the
discussion. R' Yochanan, who spent a lifetime learning, holds the Torah
was given gradually. Reish Laqish, who goes from highway robber to R'
Yochanan's chavrusah in a remarkably short time, says the Torah was given
once, complete. I don't think their primary dispute is really about how
the Torah was given.

The machloqes about who wrote the last 8 pesuqim (Menachos 30a) appears
to be identical. Yehoshua could only have tacked on the last 8 pesuqim
as part of a gradual writing of the Torah. If the whole Torah was given
in advance, why would the last 8 pesuqim pose more of a "midevar sheqer
tirchaq" than all of Vayiqra through Devarim? OTOH, R' Shimon's proof-text
for saying it was all written by Moshe is the same as Reish Laqish's that
it was also in existence when Moshe took the scroll and put it next to
the aron immediately before his his petirah.

(BTW, the Meshekh Chokhmah says these 8 pesuqim, if not written by Moshe,
would be a part of the sefer Torah which is not actually part of the
Torah. Thus removing the "what about iqarei emunah?" question. And then he
proceeds to explain why HQBH requires that the Torah be written only as
part of a longer text, what these pesuqim add to how we view the Torah.
See MC on Dev 28:61. This doesn't impact our discussion, because Devarim
31:26 refers to "seifer haTorah", not Torah, which includes the last 8
pesuqim either way.)

Anway... RYS's original question:
> Since Moshe received the Torah, didn't he know that God would punish 
> him for hitting the rock?

isn't a problem according to Reish Laqish (and presumably neither the R'
Shimon in Menachos, ie Rashbi, either).

See Rashi on Gittin (d"h "chasumah nitenah", quoting Reish Laqish).
According to Reish Laqish, it was all given at once, it was all given
at the end of the 40 years. During the midbar, all of Torah except the
diberos were TSBP. There is no reason to believe Moshe had the narratives.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 25th day, which is
micha at aishdas.org        3 weeks and 4 days in/toward the omer.
http://www.aishdas.org   Netzach sheb'Netzach: When is domination or
Fax: (270) 514-1507                          taking control too extreme?
the initial question doesn't exist. But we still have a question according
to the two Rabbis Shimon (Rashbi and Reish Laqish).

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 25th day, which is
micha at aishdas.org        3 weeks and 4 days in/toward the omer.
http://www.aishdas.org   Netzach sheb'Netzach: When is domination or
Fax: (270) 514-1507                          taking control too extreme?