We’re familiar with the well-known Gemara in Makkos that we received 613 mitzvos at Har Sinai.
But what isn’t clear is what the 613 mitzvos are. Tosfos (Sotah 3a) says that even the great Tanaim debated how to count these 613 mitzvos.
In his introduction to his Sefer Hamitzvos, the Rambam lists fourteen rules describing how to count the 613 mitzvos. These rules are called shorashim (individually, a shoresh).
The Rambam writes in his third Shoresh that for a mitzvah to counted among the 613, it needs to be a commandment lasting for all generations. If a mitzvah was only given to the generation that left Egypt but wasn’t a commandment for all generations, it’s not counted among the 613. Of course, that doesn’t change the severity of the commandment – only that it’s not counted as one of the 613.
There are many examples of this, including the following:
- The prohibition against leaving over from the Mannah overnight
- The blessings and curses that the bnei yisrael were instructed to read by Har Gerizim and Har Eival
- The commandment to build an altar immediately upon entering eretz yisrael
Since these commandments don’t apply to future generations, they aren’t counted among the 613.
The Rambam brings an interesting proof to this concept. The Gemara says that the 613 mitzvos are an inheritance – a morasha. Only something that’s applicable for future generations and can be passed down to them can be considered a morasha.
Another support to this Rambam can be found in the Gemara in Bava Basra.
The Gemara in Bava Basra (120a) quotes a beraisa (Tannaic statement) discussing the prohibition against eating consecrated foods in a state of impurity.
The Gemara asks: How do we know that this commandment wasn’t just given to the people standing at Har Sinai but also to future generations? After all, we find many mitzvos that only applied to future generations and not the Har Sinai generation (e.g., the mitzvos that relate to eretz yisrael) and we also find “that which applied” to the Har Sinai generation but didn’t apply to future generations (the guidance to Tzelaphchad’s daughters to marry within their own tribe).
The beraisa says that when formulating this prohibition, the Torah uses two phrases: “Emor aleihem – speak to them” and “ledoroseichem – to their generations”. The phrase “Emor aleihem” speaks to the Har Sinai generation. The phrase “ledoroseichem” speaks to future generations. The Rashbam explains that we see from here that all mitzvos apply equally to the Har Sinai generation and future generations.
When discussing mitzvos only applying to generations after Har Sinai, the beraisa uses the phrase “mitzvos that were commanded” that only applied to future generations and not the Har Sinai generation.”
However, when discussing matters only applying to the Har Sinai generation, the beraisa doesn’t use this term at all. It only says that there “was that which applied to the fathers that didn’t apply to the sons.” The term “mitzvos that were commanded” isn’t used. Why the change in formulation?
This could be because of the Rambam’s rule – that something only applicable to the Har Sinai generation isn’t one of the 613 mitzvos. The beraisa therefore avoided using the phrase “mitzvos that were commanded” in relation to these commandments.
However, it’s possible that the beraisa isn’t using the word “mitzvah” in the context of the 613 mitzvos. After all, “mitzvah” can generally mean a commandment, even one not meant for all generations and counted as one of the 613. In fact, in his commentary on the Gemara, Rabbeinu Gershom says that there “are mitzvos that were commanded to that (Har Sinai) generation but not to the following generations.” Presumably, Rabbeinu Gershom agrees to the Rambam’s rule and is only using the term “mitzvah” to generally mean a “commandment” – not one of the 613 mitzvos.
What Does the Bahag Say?
One of the great counters of mitzvos among the geonim was the Baal Halachos Gedolos – the Bahag.
The Bahag counts two mitzvos that at first glance, appear to only apply to the Har Sinai generation:
- The prohibition against gazing at the mishkan vessels before they were placed into their coverings
- The prohibition against Leviim serving past the age of 50
The Rambam notes that both of these mitzvos only apply to the generation of the midbar.
The prohibition against gazing at the mishkan vessels only applied for the generation of the midbar, where the mishkan needed to be constantly dismantled and reassembled. Once we built a permanent beis hamikdash, this commandment no longer applied.
Similarly, the Gemara in Chullin (24a) says that the prohibition against Leviim serving past the age of 50 only applied to the generation of the midbar, where the Leviim had to carry the vessels of the mishkan. However, for future generations, Leviim after 50 aren’t prohibited against serving. They only become disqualified when they lose their voice and can no longer sing. (Interestingly, the Rambam suggests that even after they lose their voice, they can still perform other tasks in the beis hamikdash, such as opening and guarding the gates.)
Thus, the Rambam concludes that these two mitzvos shouldn’t be counted among the 613.
The Ramban’s Defense
The Ramban defends the Bahag, noting that the Bahag definitely agrees to the Rambam’s principle that only mitzvos for all generations are counted.
Regarding the prohibition against gazing upon the mishkan vessels, although this was only applicable to the midbar generation, the Gemara in Sanhedrin (81b) says that this includes the prohibition against stealing the Temple vessels for all generations.Regarding the prohibition against Leviim serving past the age of 50, although we did build a beis hamikdash which didn’t travel like the mishkan, this prohibition would still apply should there ever be a need to move the Temple vessels for any reason. Furthermore, the Ramban notes that we find that the Aron went out during times of war – in such an instance, the prohibition against Leviim over 50 carrying it would apply. Thus, this can be a mitzvah applicable for all generations.