Fulfilling the Torah Before Sinai

(19) For I have singled him out, that he may instruct his children and his posterity to keep the way of ה׳ by doing what is just and right, in order that ה׳ may bring about for Abraham what has been promised him.”

(5) inasmuch as Abraham obeyed Me and kept My charge: My commandments, My laws, and My teachings.”

גרתי I HAVE SOJOURNED — the word גרתי has the numerical value of 613 - תרי״ג - it is as much as to say, “Though I have sojourned with Laban, the wicked, I have observed the תרי״ג מצות, the 613 Divine Commandments, and I have learned naught of his evil ways.

וישמר משמרתי AND KEPT MY CHARGE — This refers to precautionary measures which are intended to make us avoid the infringement of Biblical prohibitions: such are the Rabbinical inhibition of marriage between relatives in the second degree and the Rabbinical regulations regarding not doing certain acts on the Sabbath (cf. Yevamot 21a).

מצותי MY COMMANDMENTS — those matters which, had they not been written in the Torah, we would nevertheless hold that they are fitting matters to be the subject of a commandment, such as robbery and murder (cf. Yoma 67b).

חקותי MY ORDINANCES — matters which our evil inclination and the heathen nations argue against the necessity of prohibiting, such as the eating of swine’s flesh and the wearing of garments made of a mixture of wool and linen — things for which there are no apparent reasons but which are the King’s decrees and enactments imposed on His subjects (Yoma 67b).

ותורתי AND MY LAWS — The plural serves to include with the written Law also the Oral Law which prescribes commands that are an ancient institution given by God to Moses from Sinai (cf. Genesis Rabbah 64:4).

AND KEPT MY CHARGE. Mishmarti (my charge) is a general term for all that Abraham was obligated to observe from the commandments (mitzvot), statutes (chukkim) and laws (torot). It is possible that the commandments spoken of in our verse refer to Get thee out of thy country, and from thy kindred etc. (Gen. 12:1), and Take now thy son…even Isaac…and offer him there for a burnt-offering upon one of the mountains etc. (Gen. 22:2).

AND HE KEPT MY CHARGE. Rashi comments: “As a reward that Abraham hearkened to My voice when I tested him. And he kept My charge — these are the precautionary decrees instituted by the Sages, which are intended to make us avoid the violation of Biblical laws, such as Second Degrees of forbidden marriages and certain prohibited acts on the Sabbath. My commandments — these are precepts which, had they not been written in the Torah, were requisite to have been written, such as robbery and murder. My statutes — these are matters against which the evil inclination and the heathen nations argue, such as the prohibitions against eating the swine and the wearing of garments woven of wool and linen, there being no apparent rationale for them except that they are decrees of the King imposed on His subjects. And My laws — the plural is intended to include, [besides the Written Law], the Oral Law as well as those rules given to Moses from Sinai.” [Thus far the words of Rashi.]
Now if so, all this interpretation is posited on the opinion that Abraham fulfilled and observed the Torah before it was given on Sinai. This is indeed what the Sages of the Midrash said in connection with the verse, And Joseph gave them ‘agaloth’ (wagons), thereby indicating to his father that when he left him they were studying the section dealing with Eglah Arufah. Thus Joseph occupied himself with Torah just as his fathers did. Though the Torah had not yet been given, it is still written of Abraham, And he kept My charge, My commandments, My statutes, and My laws. There the Sages also said that Abraham observed the details of the Torah, which he taught to his children, etc.
The question presents itself: If it be the case [that the laws of the Torah were observed by our ancestors before the Torah was given on Sinai], how did Jacob erect a pillar and marry two sisters in their lifetime, and, in the opinion of our Rabbis, four sisters. Also, Amram [Moses’ father] married his aunt, and Moses our teacher erected twelve pillars. How then was it possible that they should be permissive in matters of Torah which Abraham their ancestor had prohibited on himself, and for which G-d appointed him reward, when he [Abraham] was wont to command his children and his household after him to walk in His ways? In the case of Jacob the Sages taught that he observed the Sabbath and established borders for Sabbath distances. In this matter of the Sabbath it is possible though that Jacob observed it because it is equal in importance to the entire Torah since it testifies to the act of Creation.
Perhaps then we should say that My charge refers to the Second Degree of marriages which were forbidden to the Sons of Noah; My commandments applies to robbery and murder; My statutes refers to the laws against eating a limb torn off from a live animal, as well as breeding mixed kinds of cattle or grafting together different species of trees; and My laws refer to civil statutes and the prohibitions against idol worship. The Sons of Noah were commanded concerning all of these matters, and Abraham observed and fulfilled the Will of his Creator, observing even the details and the strictures of their commandments, even as the Sages mentioned: “The tractate of idolatry of our father Abraham contained four hundred chapters.” They further expounded [on the verse referring to Isaac, which says], And he found in that year a hundredfold, that he measured the produce for the purpose of tithing, since the patriarchs were the generous ones of the peoples, giving tithes to the poor or the priests of G-d, such as Shem and Eber and their disciples, just as it is said, And he was a priest of the most high G-d.
Now it appears to me from a study of the opinions of our Rabbis that Abraham our father learned the entire Torah by Ruach Hakodesh and occupied himself with its study and the reason for its commandments and its secrets, and he observed it in its entirety as “one who is not commanded but nevertheless observes it.” Furthermore, his observance of the Torah applied only in the Land of Israel, whereas Jacob married two sisters only when outside the Land, and similarly with Amram who married his aunt. For the Commandments are the ordinance of the G-d of the land, even though we have been charged with personal duties in all places. Our Rabbis have already alluded to this secret, and I will yet call your attention to it with the help of G-d. And the matter of the erection of the pillar [by Jacob and Moses referred to above] was a commandment that was innovated at a certain time, as the Sages expounded from the verse, “Neither shalt thou set up a pillar which the Eternal thy G-d hateth, He hated it although it was pleasing to Him in the days of the ancestors.” And with respect to Joseph concerning whom the Sages expounded that he observed the Sabbath even in Egypt, it was because it is equal in importance to all the commandments, constituting, as it does, a testimony to Creatio ex nihilo. Therefore Joseph would do so in order to teach his children faith in the Creation of the world, to remove from their hearts the false doctrine of idolatry and the opinion of the Egyptians. This then is the intent [of the Sages when speaking of the patriarchs and their children observing the Torah].
In accordance with the literal meaning of Scripture, you may say that My charge means faith in the Deity, implying that Abraham believed in the unique Divine Name and kept vigilant guard over it in his heart, differing thereby with the worshippers of idols, and calling by the name of the Eternal to bring many to His worship. My commandments refers to all that G-d commanded Abraham: Go out of thy land, the bringing of his son as a burnt-offering, and the expulsion of the maid-servant and her son. My statutes refers to walking in the paths of G-d by being gracious and merciful, doing righteousness and judgment, and commanding his children and his household concerning them. And My Laws refers to the circumcision of Abraham himself and his sons and his servants, as well as all Commandments of the Sons of Noah which constitute their Law.

(11) It was just the right thing that this lesson derived from the ‘akedah (“sacrifice”) should be taught through Abraham and a man like Isaac. For Abraham was the first to teach the Unity of God, to establish the faith (in Him], to cause it to remain among coming generations, and to will his fellow-men for his doctrine; as Scripture says of him: “I know him, that he will command,” etc. (Gen. 8:19). In the same manner as he was followed by others in his true and valuable opinions when they were heard from him, so also the principles should be accepted that may be learnt from his actions; especially from the act by which he confirmed the principle of the truth of prophecy, and showed how far we must go in the fear and the love of God.

(16) When we have acquired a true knowledge of God, and rejoice in that knowledge in such a manner, that whilst speaking with others, or attending to our bodily wants, our mind is all that time with God; when we are with our heart constantly near God, even whilst our body is in the society of men; when we are in that state which the Song on the relation between God and man poetically describes in the following words: “I sleep, but my heart waketh: it is the voice of my beloved that knocketh” (Song 5:2):—then we have attained not only the height of ordinary prophets, but of Moses, our Teacher, of whom Scripture relates: “And Moses alone shall come near before the Lord” (ibid. 34:28); “But as for thee, stand thou here by me” (Deut. 5:28). The meaning of these verses has been explained by us. The Patriarchs likewise attained this degree of perfection; they approached God in such a manner that with them the name of God became known in the world. Thus we read in Scripture: “The God of Abraham, the God of Isaac, and the God of Jacob. . . . This is My name for ever” (Exod. 3:15). Their mind was so identified with the knowledge of God, that He made a lasting covenant with each of them: “Then will I remember my covenant with Jacob,” etc. (Lev. 26:42). For it is known from statements made in Scripture that these four, viz., the Patriarchs and Moses, had their minds exclusively filled with the name of God, that is, with His knowledge and love; and that in the same measure was Divine Providence attached to them and their descendants. When we therefore find them also, engaged in ruling others, in increasing their property, and endeavouring to obtain possession of wealth and honour, we see in this fact a proof that when they were occupied in these things, only their bodily limbs were at work, whilst their heart and mind never moved away from the name of God. I think these four reached that high degree of perfection in their relation to God, and enjoyed the continual presence of Divine Providence, even in their endeavours to increase their property, feeding the flock, toiling in the field, or managing the house, only because in all these things their end and aim was to approach God as much as possible. It was the chief aim of their whole life to create a people that should know and worship God. Comp. “For I know him, that he will command his children and his household after him” (Gen. 18:19). The object of all their labours was to publish the Unity of God in the world, and to induce people to love Him; and it was on this account that they succeeded in reaching that high degree; for even those [worldly] affairs were for them a perfect worship of God. But a person like myself must not imagine that he is able to lead men up to this degree of perfection It is only the next degree to it that can be attained by means of the above-mentioned training. And let us pray to God and beseech Him that He clear and remove from our way everything that forms an obstruction and a partition between us and Him, although most of these obstacles are our own creation, as has several times been shown in this treatise. Comp. “Your iniquities have separated between you and your God” (Isa. 59:2).