by Sarah Pincus '26
At the end of this week’s parsha, Bnei Yisrael famously exclaimed “na’aseh v’nishma–we will do and we will listen.” The verses read:
Moshe took the Sefer HaBrit (book of the covenant) and read it aloud to the people. And they said, “Na'aseh v'nishma.” And Moshe took the blood, sprinkled it on the people, and said, “Behold the dam habrit (blood of the covenant), which the Lord has made with you concerning all these words.” (Shemot 24:7-8).
What is the significance of the recitation of “na’aseh v’nishma” being accompanied by Sefer HaBrit and the dam habrit? Are these representative of different covenants? If not, why is the same covenant represented in multiple ways?
Rashi explains that the contents of the Sefer HaBrit were the verses in the Torah from Bereishit through Matan Torah, including the commandments given at Marah a few parshiot earlier.
There, when Bnei Yisrael complained about undrinkable water, Moshe appealed to Hashem, who revealed a tree that would make the water potable when cast into it.
The text then states :
There He placed (שָׂם) for them a statute and an ordinance (מִשְׁפָּט) [which Ibn Ezra interprets as a means of discipline and instruction]. And there, [God] tested them. And He said, “If you will listen to the Lord your God diligently, doing what is upright in His sight, giving ear to His commandments and keeping all His laws, then all the diseases that I placed (שַׂמְתִּי) upon the Egyptians, I will not place (אָשִׂים) on you, for I, the Lord, am your healer” (Shemot 15:25-26).
Interestingly, the laws given at Marah are referred to as mishpatim. Notably, it is the first time that the word mishpat is used in the Torah to refer to divine law. This original context does not conjure the best association. Mishpatim are put forth as a test, even a threat. But maybe that’s a bit of what is represented through the Sefer HaBrit. It is a covenant that is slightly coerced, as God is almost using the potential for disease as a scare tactic. It is a covenant in which Bnei Yisrael are given some of the laws and have a sense of what is happening, but do not totally understand the scope of what’s to come. It’s what we might call a covenant of na’aseh.
So now that we know that Sefer HaBrit represents the covenant of na’aseh, what is represented by the dam habrit?
Perhaps we can begin to understand its significance by turning back to the beginning of this week’s parsha. Much ink has been spilled in an attempt to understand the vav (vav is a hebrew letter that at the beginning of a word often means “and”) in “V'eleh hamishpatim – And these are the ordinances…” the opening words of this week's parsha (Shemot 21:1). Does the vav indicate that these laws are a continuation of those given at Har Sinai, or does it mark the beginning of a new topic?
On the one hand, the desire to extend the experience of Ma’amad Har Sinai is understandable, since this parsha directly follows it. However, the verses clearly indicate that Bnei Yisrael had already distanced themselves from Har Sinai, and that a thick darkness had emerged (Shemot 20:18). This seems to suggest that the giving of these mishpatim was a separate event.
Ibn Ezra suggests that it is a different event. Regarding “V'eleh hamishpatim,” he explains that after Bnei Yisrael became frightened at the end of the previous chapter, Moshe drew near the dark cloud, and God taught him the mishpatim and the mitzvot. This way, when Moshe descended from Har Sinai, he could convey these laws to Bnei Yisrael, telling them: “If you accept these mishpatim and mitzvot, then God will make a covenant with you.” This interpretation aligns with the straightforward reading (pshat) of the verses, as evidenced by the conclusion of the parsha in which Bnei Yisrael say na’aseh v’nishma. These pesukim appear to indicate that Bnei Yisrael accepted the mishpatim and the mitzvot at this point, establishing their covenant with God.
When Bnei Yisrael encountered “V’eleh hamishpatim”, we can appreciate their potential apprehension, given the tense context of their previous encounter with this term. However, the verse continues with “asher tasim lifneihem” (which you shall place before them), marking a significant shift in tone.
The phrase “tasim lifneihem” might initially appear redundant or even concerning, as it echoes the “placement” of possible afflictions mentioned in the earlier context of mishpatim (Shemot 15:26). However, Rashi provides an illuminating interpretation that transforms these words from potentially threatening to deeply reassuring.
Drawing from the Mekhilta DeRabbi Yishmael, Rashi explains that this phrasing carries profound implications for how we ought to teach. The divine instruction explicitly warns against a superficial approach to education. One might mistakenly believe that their teaching obligation is fulfilled after one or two presentations of the material. However, the midrash teaches us that instruction must continue until genuine understanding is achieved, regardless of how many attempts it may take. The Mizrachi expands this interpretation, stressing that effective teaching must incorporate both the basic meaning and the underlying rationale of each law. This concept is captured in the metaphor: “asher tasim lfneihem k’shulchan ha’arukh lfnei ha’am,” (which you shall set before them like a table that is set and prepared before a person). It is not enough to just know information. It should be presented to us in a way that is fit to be absorbed, and then we are expected to actively consume the content.
According to Rabbeinu Chananel, Moshe sprinkled blood on Bnei Yisrael as a symbolic act, signifying their entrance into a covenant with God. Maybe the dam habrit represents the new covenant Bnei Yisrael are making with God that begins with “V’eleh hamishpatim.” The people are more engaged now. They play a more active role. Perhaps it is a covenant of nishma.
Within the proclamation of “na’aseh v'nishma” lies the acceptance of two distinct but equally important covenants. Sometimes we find ourselves in a na’aseh kind of brit with God– a more passive, receptive covenant. At other times, we experience the nishmah kind of brit– an active, transformative relationship with the Divine. The Sefer HaBrit and dam habrit serve as eternal reminders that there are times for both.
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Sarah Pincus is a third year student at Yeshivat Maharat. When she’s not in the beit midrash, Sarah serves as the rabbinic intern for Columbia graduate students through Columbia/Barnard Hillel and as the congregational intern at Congregation Orach Chaim in Manhattan. She also has the honor of working with incredible high school and college students across the country though the Shalom Hartman Institute and supporting women in their final steps of their conversion process. Before attending Maharat, she taught and held administrative positions in a variety of educational settings. Sarah has also completed a unit of Clinical Pastoral Education at NYP-Columbia.