Believe it or not, in the story of "chet ha'egel", a possibility arises where Bnei Yisrael could have entered the Land of Israel WITHOUT the Torah! [Or at least without an important part of it.] Surprising as this may seem, it is this possibility which sets the backdrop for understanding what God's 13 "midot ha'rachamim" are all about.

In the following shiur, we explain this possibility as we follow the flow of events from Ma'amad Har Sinai, through chet ha'egel, until the second LUCHOT. Hopefully, our conclusions will help us better understand our tefilla on Yom Kippur.

INTRODUCTION
Recall from Chumash that God first pronounces His 13 MIDOT [the 13 attributes of mercy] after the incident of "chet ha'egel" [the sin of the Golden Calf], when Moshe ascends Har Sinai to receive the SECOND LUCHOT (see Shmot 34:1-10).

Now, we are all familiar with the story of CHET HA'EGEL, and, we are all familiar with the story of the SECOND LUCHOT. However, most of us are NOT familiar with the details of what transpires between these two events. In those details, lies the key to a fuller understanding of the 13 MIDOT and the nature of our relationship with Hashem.

Therefore, we must begin our shiur with a review of ALL the events which take place at Har Sinai, beginning all the way back in Parshat Yitro. As we study these events, we must pay careful attention to the special covenant being forged between God and Bnei Yisrael, together with the 'ups & downs' of this special relationship. To our surprise, we will find that God displays many other 'attributes', long before His 13 attributes of mercy are first declared.

THE FIRST COVENANT - BRIT MA'AMAD HAR SINAI

Before we start, we must explain why the Ten Commandments and the mitzvot which follow at Har Sinai [i.e. what we call MATAN TORAH], should be considered an integral part of a covenant between God and Bnei Yisrael. Let's explain:

As soon as Bnei Yisrael arrive at Har Sinai, God summons Moshe (their leader) and makes a proposal: "...You have seen what I did to Egypt... and have brought you to Me. Now then, if you will obey Me faithfully and keep MY COVENANT... then you shall become for Me a kingdom of priests and a holy nation, speak these words to Bnei Yisrael." (Shmot 19:5-6)

This proposal describes a 'two sided' deal, i.e. a covenant. Should Am Yisrael accept God's special commandments, then they will become His special nation - a "goy kadosh" - a holy nation. Moshe relays this proposal to the elders, and the entire nation agrees (see 19:7-8). [Even though it appears as though Bnei Yisrael had the choice to either accept or reject this proposal, Chazal explain in the famous Midrash "kafa aleihem har k'gigit" that had Bnei Yisrael said NO, all creation would have returned to "tohu v'vohu"!]

Now that Bnei Yisrael accepted His proposal, God instructs Moshe to prepare the nation for MATAN TORAH (see 19:9-25), during which Bnei Yisrael will receive the Ten Commandments (20:1-14) and many additional mitzvot (see 20:19-23:33) - those laws through which they will become that "goy kadosh". [The covenantal nature of these laws is confirmed by the special ceremony (described at the end of Parshat Mishpatim/ see 24:3-11) where the people accept these laws which are recorded in an official document called "sefer ha'BRIT". At the conclusion of that ceremony, Moshe ascends Har Sinai to receive the FIRST LUCHOT, the physical symbol of this covenant (see 24:12-13).]

GOD's MIDOT IN THE FIRST LUCHOT

In this new set of laws, not only do we find numerous commandments, but also the TERMS by which God will upkeep this covenant. The most obvious examples are found in the Ten Commandments themselves. Let's take a look:

"I am the Lord your God... You shall have no other gods besides Me... Do not bow down to them or worship them, for I the Lord am a JEALOUS God þ KEL KANA - visiting the guilt of parents upon children... for those who reject Me - POKED A'VON AVOT AL BANIM - L'SONEI, but SHOWING KINDNESS... for those who love me and follow my laws - O'SEH CHESED L'ALAFIM L'OHAVAI u'lshomrei mitzvotei" (see 20:2-6)

Note how the second Commandment includes three divine attributes:
1) KEL KANA - a jealous God 2) POKED A'VON AVOT AL BANIM - L'SONAI HARSH punishment for those who reject God 3) O'SEH CHESED L'ALAFIM - L'OHAVAI Kindness & reward for those follow God.

Similarly, in the third Commandment, we find yet another attribute: "Do not say in vain the NAME of God - ki LO Y'NA'KEH HASHEM - for God will NOT FORGIVE he who says his Name in vain." (20:7)

Let's add this attribute to the above list:
4) LO Y'NA'KEH HASHEM - He will not forgive

How should we consider these attributes which we have found thus far? Most of them seem to be quite harsh! Even the kindness which we find is ONLY for those who FOLLOW Him, not for any others. Most definitely, these are not attributes of mercy, quite the opposite, they are MIDAT HA'DIN - attributes of exacting retribution.

Although these MIDOT have their 'down side', for they threaten immediate punishment for those who transgress ("l'sonei"), they also have their 'up side', for they assure immediate reward for those who obey ("l'ohavei"). In other words, these MIDOT describe a very intense relationship, quite similar to [and not by chance] to God's relationship with man in Gan Eden (see Breishit 2:16-17).

Yet another example of this intense relationship, and another attribute as well, is found at the conclusion of Parshat Mishpatim. There, after completing four chapters of various commandments, God makes the following promise:

"Behold, I am sending an angel before you to guard you on the way and help bring you into the Promised Land. Be CAREFUL of him and OBEY him, Do not defy him - FOR HE SHALL NOT PARDON YOUR SINS - "KI LO YISAH L'FI'SHEICHEM", since My Name is with him... [On the other hand...] "...should you obey Him and do all that I say - I WILL HELP YOU DEFEAT YOUR ENEMIES... (see Shmot 23:20-24)

Once again, we find that God will exact punishment should Bnei Yisrael not follow His mitzvot and reward (i.e. assistance in conquering the Land) should they obey Him.

After the incident of "chet ha'egel", the story which continues the narrative of Parshat Mishpatim [note how 24:12-16 flows directly to 32:1 in Parshat Ki-tisa], we find that God intends to act precisely according to these attributes of MIDAT HA'DIN:

"And God told Moshe, go down from the mountain for your people has sinned... they made a golden image... and now allow Me, and I WILL KINDLE MY ANGER against them that I may destroy them - V'YICHAR API BA'HEM..." (see Shmot 32:7-10)

In fact, here we find yet another divine attribute - CHARON AF HASHEM - God's instant anger.

Let's summarize the attributes which we have found thus far.
1) 1) KEL KANA
2) POKED AVON... L'SONEI
3) O'SEH CHESED... L'OHAVEI
4) LO Y'NAKEH
5) LO YISAH L'FI'SHEICHEM...
6) CHARON AF
[Remember this list, later in the shiur we will compare it to the 13 "midot ha'rachamim".]

CHET HA'EGEL / THE COVENANT IS BROKEN

According to the terms of the covenant at MATAN TORAH, now symbolized by the FIRST LUCHOT which Moshe received when he ascended Har Sinai for the first forty days (see 24:12), Bnei Yisrael should have been punished immediately for the sin of "chet ha'egel" (32:8). Hence, when they sin, God is faced with only two alternatives: 1) To destroy Am Yisrael, according to those terms, and make a nation from Moshe, [or people like Moshe who could maintain this high level/ see Shmot 32:10]; or 2) To annul that covenant.

The first alternative is thwarted by Moshe Rabeinu's petition that God not evoke His anger (32:11-13), and his refusal to become that nation (see 32:32!). However, there is a price which Am Yisrael must pay. In order to escape punishment, the covenant made at Har Sinai must be annulled! [Recall that in that covenant we found no mention of attributes of mercy which would possibly allow Bnei Yisrael a 'second chance'.]

Therefore, in order to allow Bnei Yisrael to survive, the second alternative must be chosen, i.e. BRIT SINAI - the covenant of Har Sinai - must be annulled. This most probably explains Moshe's decision to break the LUCHOT - the symbol of that covenant. When he descends from the mountain and sees the people dancing around the Golden Calf, he realizes that the only way to save Am Yisrael is to break the LUCHOT, and hence the terms of that covenant (see 32:15- 20)!

[This annulment of BRIT SINAI is also reflected in God's commandment that Bnei Yisrael must remove 'their jewelry' which they received on Har Sinai, the symbol of the high level they reached at MATAN TORAH (see 33:5-6).]

WHERE DO WE GO FROM HERE?

A very strange predicament now arises. Even though Bnei Yisrael will not be destroyed, they are now left in the desert WITHOUT "brit Sinai". What should they do now? Without Matan Torah, there is no purpose for their existence? Yet with the strict conditions of BRIT SINAI, they can not survive. Enter God's attributes of mercy? - Not so fast! There is an important stage in the story which we must not overlook.

God's initial response to this predicament is very interesting. Even though He is no longer committed to BRIT SINAI [it has been broken], He remains committed to an earlier covenant - BRIT AVOT - the covenant in which God had promised Eretz Canaan to the offspring of Avraham, Yitzchak, and Yaakov. In fact, Moshe Rabeinu had recalled this BRIT in his petition that God not punish Bnei Yisrael:

"Remember Your servants, Avraham, Yitzchak, and Yaakov, your servants to whom YOU SWORE... that their offspring will inherit the Land". (Shmot 32:13)

This situation leads to a logical, yet unthinkable, conclusion. God agrees to fulfill BRIT AVOT - he will allow Moshe to lead Bnei Yisrael to Eretz Canaan, but WITHOUT "brit MATAN TORAH"! "And God said to Moshe - Set out from here, you and the people which you have brought out of Egypt to the Land which I swore to Avraham, Yitzchak, and Yaakov ("brit Avot") ...

but I WILL NOT GO IN YOUR MIDST for you are a stiff- necked people, lest I destroy you on the journey" (33:1-3)

Note, that according to these instructions, Bnei Yisrael will enter the land WITHOUT THE 'SHCHINAH' - i.e. without God in their midst - without BRIT SINAI. God will keep his promise to give Bnei Yisrael the land, but His aspiration that they become a "goy kadosh" has been shattered!

As unthinkable as this sounds, considering that God had reached the conclusion that Bnei Yisrael are an "am kshe oref" - a stiff necked people (see 32:9, 33:5), there seems to be no other solution.

A GOOD LAWYER

Had Moshe Rabeinu not intervened at this point, this 'revised plan' would have been the outcome. However, Moshe Rabeinu is unwilling to accept it. Instead, he counters by threatening a 'sit down strike'. He refuses to lead Am Yisrael on their journey to Eretz Canaan unless God agrees to return His presence: ".... [and Moshe said to God] 'Unless YOUR PRESENCE WILL GO WITH US do not make us leave this place ("iym ayn pa'necha holchim al ta'aleynu m'zeh"). For how should it be known that Your people have gained Your favor unless You GO WITH US..." (33:12-16)

Moshe's refusal leaves God ["k'vayachol"] in a most difficult predicament. Should He allow His "shchinah" to return according to the terms of BRIT SINAI, the people would not survive His anger. However, He cannot leave them in the desert, for BRIT AVOT must be fulfilled! Yet, Moshe will not lead them out of the desert UNLESS He returns BRIT SINAI. Something has to budge! But what will it be? It is here, in the resolution of this dilemma, where God's 13 MIDOT HA'RACHAMIM enter the picture.

A NEW COVENANT

According to the terms of the original BRIT SINAI, the consequence of the SHCHINA being with nation was an intense level of MIDAT HA'DIN - immediate punishment for sin (see 33:5 -"rega"). This is quite understandable, for to be worthy of God's presence, man must behave perfectly. However, man is still human. Although he may strive to perfection, he may often error or at times even sin. How then can man ever come close to God. How can God allow for His SHCHINA to dwell? The original terms of BRIT SINAI, although ideal, are not practical. To allow man to come close to God a new rule book is necessary. Now: Enter "midot ha'rachamim":

Let's see now how God introduces this concept of 'divine mercy' in His response to Moshe's plea:

"And God said to Moshe, 'I will also do this thing that you request... [to return His SHCHINA]... then God answered: ' I will pass all my goodness before you, and I will proclaim MY NAME before you, and I WILL PARDON he whom I will pardon and I WILL HAVE MERCY on he to whom I give mercy (v'chanoti et asher achon, v'richamti et asher arachem")... (see 33:17-19)

This promise to Moshe that God will indeed remain with His nation must now take the form of an official covenant. Just as the terms of the original covenant required an official proclamation and ceremony at Har Sinai, so too the terms of this new covenant. Thus, God commands Moshe to ascend Har Sinai one more time, in a manner quite parallel to his first ascent to Har Sinai [but with significant minor differences], to receive the SECOND LUCHOT (see 34:1-5 and its parallel in Shmot 19:20-24).

Even though the laws remain the same, their terms must now be amended with God's attributes of mercy. Therefore, in this "hitgalut" (revelation), God must proclaim what has been 'amended' to the original BRIT:

"And God came down in a cloud...& passed before him and proclaimed: ' Hashem, Hashem kel rachum v'chanun, erech apaiim v'rav chesed v'emet..." (i.e. the 13 midot) (see Shmot 34:5-8)

[After confirming this covenant ("hiney anochi koret brit..." see 34:10), God then inscribes the Ten Commandments on the new luchot (see 34:29-30), the physical symbol of this new covenant - "brit shlosh esray" - the covenant of the thirteen attributes of Divine mercy.]

Now, upon hearing this official proclamation of these attributes, Moshe immediately makes his request that God return His SHCHINA to the people EVEN THOUGH they are an "am kshe oref":

"And Moshe hastened to bow down and said: 'If I have indeed gained favor in Your eyes - LET HASHEM GO IN OUR MIDST - even though they are stiff necked people, and you shall pardon our iniquity and our sin, and take us for Your own." (34:8-9)

Now that there is a 'new set of rules', that allow God's SHCHINA to remain even though Bnei Yisrael may sin, Moshe begs that God indeed return to be with His nation (as he requested in 33:12-16).

THE CONTRAST BETWEEN THE ATTRIBUTES

With this background, we can now better appreciate the Torah's choice of the words used to express these thirteen MIDOT. The following table, followed by a more detailed explanation, highlights the contrasting parallel between God's attributes which we had found in our study of the original covenant, and His attributes according to the new covenant.

FIRST LUCHOT
============
1) kel KANA
2) POKED AVON..L'SONEI
3) O'SEH chesed l'alafim ... L'OHAVEI 4) LO Y'NA'KEH
5) LO YISAH L'FISHEICHEM
6) CHARON AF

SECOND LUCHOT
=============
1)kel RACHUM V'CHANUN
2) POKED AVON AVOT AL BANIM...
3) RAV chesed v'emet
4) NOTZER chesed l'alafim...
5) V'NAKEH, lo y'nakeh
6) NO'SAY AVON V'FESHA...
7) ERECH A'PAYIM

Note how each attribute from the original covenant switches from MIDAT HA'DIN to MIDAT HA'RACHAMIM. [The detailed comparison will follow the order of the pasuk describing the thirteen midot.]

A. HASHEM KEL RACHUM V'CHANUN --> (1) HASHEM KEL KANA rachum v'chanun based on 33:19 (see above) a MERCIFUL God in contrast to a JEALOUS God

B. ERECH A'PAYIM --> (6) CHARON AF SLOW to anger in contrast to INSTANT anger

C. RAV CHESED V'EMET --> (3) O'SEH CHESED... L'OHAVEI ABOUNDING kindness for all, potentially even for the wicked [This allows the possibility of "rasha v'tov lo"] in contrast to EXACTING kindness, and hence, limited exclusively to those who obey Him. [Note that the midah of "emet" is now required, for this abounding kindness for all must be complemented by the attribute of truth to assure that ultimate justice will be done.]

D. NO'TZER CHESED L'ALAFIM --> (3) O'SEH CHESED L'ALAFIM... L'OHAVEI He STORES His kindness, so that even if it is not rewarded immediately, it is stored to be given at a later time. [This allows the possibility of "tzadik v'rah lo"] in contrast to IMMEDIATE kindness and reward for those who follow Him.

E. NO'SAY AVON V'FESHA... --> (5) LO YISAH L'FISHEICHEM ... FORGIVING sin in contrast to NOT FORGIVING sin.

F. V'NAKEH, LO Y'NAKEH --> (4) LO Y'NAKEH SOMETIMES He will forgive, sometimes He may not [See Rashi, forgives those who perform teshuva.] in contrast to NEVER forgiving.

G. POKED AVON AVOT AL BANIM... --> (2) POKED AVON... L'SONEI He WITHHOLDS punishment for up to four generations [in anticipation of teshuva/ see Rashi] in contrast to EXTENDING punishment for up to four generations. [Even though these two phrases are almost identical, their context forces us to interpret each pasuk differently. See Rashi.]

These striking parallels demonstrate that each of the "13 midot" lies in direct contrast to the "midot" of the original covenant at Har Sinai. These Divine attributes of mercy allow the "shchinah" to dwell within Yisrael even though they may not be worthy. "Midat ha'rachamim" allows man to approach God and develop a closer relationship without the necessity of immediate punishment for any transgression.

CONCLUSION This explanation adds extra meaning to our comprehension and appreciation of our recitation of the Selichot. Reciting the 13 MIDOT comprises more than just a mystical formula. It is a constant reminder of the CONDITIONS of the covenant of the SECOND LUCHOT. God's attributes of mercy, as we have shown, DO NOT GUARANTEE automatic forgiveness, rather, they ENABLE THE POSSIBILITY of forgiveness. As the pasuk stated, God will forgive only he whom He chooses ("et asher a'chon... v'et asher arachem" /33:19). To be worthy of that mercy, the individual must prove his sincerity to God, while accepting upon himself not to repeat his bad ways.

Thus, our recitation of the "13 midot" serve as a double reminder:
1) Not to 'give up' in our strive towards holiness, for indeed "midat ha'rachamim" allow us to come close. Yet, at the same time:
2) To recognize that Divine mercy it is NOT automatic. This recognition should inspire one who understands the terms of this covenant to act in manner by which God will find him worthy of Divine mercy.

After we have been judged on Rosh Ha'shana, we ask on Yom Kippur, on the very same day on which Bnei Yisrael first received the SECOND LUCHOT, that God grant us RACHAMIM. We pray that our recitation of the "13 midot" during NE'ILLA should not only wipe out sins of the year which has passed, but also set is in the proper path of "teshuva" for the new year which is now beginning.