Avot keeping Mitzvot

Question

How are we to understand the tradition that the patriarchs kept all of the mitzvot in the Torah (see for example: the last mishna in Kiddushin (4:14), Rashi on Bereshit 32:5, etc.) in light of the many obvious logical contradictions that this would seem to imply?

For examples of such logical contradictions presented in a humorous/irreverent manner see: Yeshiva guy says over a vort (YouTube)

Here are examples of apparent contradictions, some of which are brought up in the above video, and some of which are easier to resolve than others:

• The Chumash records instances of the avot seemingly violating certain mitzvot, e.g. Yaakov marrying sisters, Avraham serving milk/meat together
• The Chumash records instances of the avot being given mitzvot, e.g. Avraham and circumcision. So he clearly was not observing the mitzva of circumcision before this time. So when did he start observing various other mitzvot?
• Even with knowledge of future events, some mitzvot cannot logically be done at the time of the Avot, e.g. remembering things that have not yet occurred, such as the exodus and Amalek.
• Did they observe the mitzva of writing a Sefer Torah? Does that mean they knew of all events that are recorded in the Torah, including their own lives?
• How were the mitzvot of Teruma and Ma'aser observed, if there were no Kohanim & Levi'im yet? Did they being korbanot?

Answer 1

This question was discussed by the Meforshim (traditional commentators), who use Genesis 26:5 as a springboard for this discussion. The verse states:

עֵקֶב אֲשֶׁר-שָׁמַע אַבְרָהָם בְּקֹלִי וַיִּשְׁמֹר מִשְׁמַרְתִּי מִצְו‍ֹתַי חֻקּוֹתַי וְתוֹרֹתָי.

Rashi holds that the Avot kept the entire corpus of Halacha - all of Torah sheBa'al Peh — including Rabbinic laws. This opinion is expressed in the Midrash (source) and Gemara (Yoma 28b), where Rav holds that Avraham kept the whole Torah, and Raba (or R. Ashi) extendeds this and holds that Avraham kept even Rabbinic decrees.

However, Rashi and Rav are pretty much alone. Almost all of the other commentators disagree.

Rashbam, Chizkuni, Ibn Ezra, Radak, Ramban, and Seforno all explain the verse as referring to the Mitzvot that God explicitly commanded Avraham, such as Brit Milah, the Akeida, and Aliyah l'Aretz\Living in Israel, and the 7 Mitzvot Bnei Noach and other ethical commandments that he could have figured out on his own. Ramah, Tosafos, R. Yosef Karo, Rambam (in Hilchos Melachim 9:1 and in his letter to R. Chasdai HaLevi), Rabbeinu Avraham ben HaRambam (Genesis 35:4) and Meiri (in his introduction to Pirkei Avos) all express similar views.

Even the Gemara has an opinion like this. R. Shimi b. Hiyya argued with Rav (above), and held that Avraham only kept the 7 Mitzvot Bnei Noach and Brit Milah.

To summarize, we see that the major commentators did believe that Avraham kept some of the Mitzvot, but nearly all only believe that he kept the ones that "made sense" for him to keep, ie. the ones he was explicitly commanded, or the ones he could have figured out on his own. The only exception is Rashi, who claims that the Avot kept all the Mitzvot.

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How can we explain the seemingly illogical statement Avraham followed the whole Torah, including Rabbinic laws? One approach is to explain that this statement is not meant to be taken literally, and instead is commenting on the importance of learning Torah, the authority of the Torah sheBa'al Peh, or the righteousness and holiness of the Avot.

For example, R' Yehuda Amital suggests that "The avot did not observe the mitzvot in the sense in which we observe them. They did not put on tefillin or shake the lulav. But they understood and appreciated the underlying messages of the mitzvot," and R' Josh Waxman proposes that this was an "inspirational speech encouraging people to learn Torah as a profession."

(For a dissenting view, see R' Yair Hoffman. See also R' Hyim Shafner, and this and that.)

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Sources: Yoma 28b; Genesis 26:5 - Mikraot Gedolot; R' Menachem Leibtag; R' Natan Slifkin

Answer 2

I think that we do necessarily have to suppose that they kept some mitzvos only in the non-literal sense. For example, there are the mitzvos concerning a "depraved city" (ir hanidachas), a "rebellious son" (ben sorer umoreh), and a house with tzaraas, all of which are pretty rare (and indeed according to some opinions in Sanhedrin 71a, never actually happened).

One possibility is that they fulfilled these mitzvos by learning their laws (which indeed the Gemara gives as the reason why we have these mitzvos at all).

How could they have done that before the Torah was given? WAF provided a couple of possibilities.

Another approach is based on the idea that the Torah, though it ostensibly discusses our physical world, its peoples, flora and fauna, etc. - is really actually "speaking of the higher worlds but hinting at the lower ones" (Shaloh), and that it is "a parable from the Primordial One" (I Samuel 24:13, as explained in Torah Ohr, Miketz 42b and elsewhere); each mitzvah, and each statement in the Torah, therefore is in reality referring to some spiritual object, of which the corresponding material existence is just an imitation.

So to take one of your examples, about remembering Amalek's evil deeds: the Tzemach Tzedek of Lubavitch (דרך מצותיך, מצות זכירת ומחיית עמלק) explains that the terrestrial nation of Amalek embodies the sefirah of "knowledge" (daas) of unholiness (kelipah) (thus our Sages describe them as "knowing G-d and deliberately rebelling against Him"). The way to overcome this force, he says, is via "remembrance," something which is supra-rational and hence higher than their corrupt "knowledge." Now "daas of kelipah" existed long before Eisav's grandson Amalek was born, and so did this idea of surpassing and defeating it via "remembrance," all on a purely spiritual level.

In the same way, then, the Avos could have written a Torah scroll with the same words as we have now, but representing the true reality as it exists Above rather than the one their descendants were to later experience. [Incidentally, this also explains how in the era of Moshiach, when Hashem promises that He will "no longer remember our sins" (Jer. 30:33, compare also Is. 49:15 as explained in Berachos 32b), we'll still read the portions of the Torah that discuss the episodes of the Golden Calf, the Spies, etc.; we will understand that in truth they refer to events and realities on higher planes, which didn't necessarily have to play out in our physical world as they did.]

Some of your other examples deserve separate treatment, so I'll try to update my answer later (unless one of our other resident experts gets to it first).

Answer 3

I think it bears explanation exactly what the "obvious logical contradictions" are. After all, once one accepts the possibility of prophecy, as arguably one must, the אבות knowing the future is really not a problem.

In addition, there is a strong argument to be made for all of the מצוות having the essential purpose of refining/perfecting their agents. Therefore, it is not a stretch to posit that a very careful examination of which actions benefit a person with an understanding of God (which the אבות undeniably had) would result in most if not all of the actions prescribed by the מצוות in the תורה.

That said, it is important to note that many of the מצוות apply exclusively in ארץ ישראל and/or to בני ישראל, and many purveyors of modern הלכה were fully aware of these facts and their ramifications for the אבות adhering to a system that involved them. No less than Rav Moshe Feinstein (e.g. אגרות משה אבן העזר חלק ד סימן ט) and Rav Ovadia Yosef grappled with this exact issue and came out with better answers than forfeiting to the difficulty of the question.

• Rav Moshe holds that the prohibition against marrying sisters applies to the preliminary stage of marriage (kidushin), which is not done by בני נח (and not obligatory even for a בן ישראל according to the רא"ש and others, but that's another story).

• I think it would be a little bit fruitless to pinpoint the moment at which he started keeping each מצוה. Since the משנה does not give a time reference for when he had kept the entire תורה we can assume that event was at most coterminous with the end of his life. It is therefore not contradictory to say that he implemented the מצוה of ברית מילה after it was told to him and not before.

• Again, אברהם was informed explicitly that יציאת מצרים would happen. If the problem is a temporal-semantic one of remembering something that hasn't happened yet, I think it is a minor problem to overcome once we enter the realm of prophecy. (It is analogous to the more mundane and common occurrence of "forgetting to do something". The event of forgetting precedes the event of doing, yet is intuitively digestible.)

• The reference to "the תורה" in this case probably means the legal elements thereof. After all, is it possible to "uphold" a narrative?

• Indeed we find the אבות separating מעשרות and bringing קרבנות to Hashem.

Answer 4

1. With regards to the video, The Rogatchover would often give halachic reasons for stories in the Torah (see the Samplers in this article). Here's one example.

   Bereishis 22:6 - Before the Akei'dah, Abraham loaded the wood on Isaac, but not the knife, because there is a disagreement between the Talmud Bavli (Pesachim 66a) and the Yerushalmi (Pesachim 6:1) if it is permissible to lean the knife on the sacrifice once it has been sanctified. Abraham wanted to make sure that every detail of his precious korban was perfect, and was scrupulous to fulfill all halachic opinions.

I guess one could argue about whether this was actually Avraham's intention or if this is just a "pshat", but I'm pretty sure it doesn't deserves the ridicule given in the video.

2. As a proof that Torah was learned before it was given, our sages point out that if Noach didn't have Torah, how would he know which animals were pure, and which ones were impure. (many other similar proofs are brought as well)

3. With regards to the questions and contradictions between the laws in the Torah and the actions of the Avot, R' Chaim Volozhin, in Nefesh Hachaim Sha'ar 1 Chapter 21, says that when our sages say the Avot kept the whole Torah (in this he included Amram as well, not just Avraham, Yitzchok and Yaakov), they didn't do so because they were commanded to do so. If they were commanded to do so, they would never violate any of the commandments of Torah. Rather they understood with the great Tikkunim that are accomplished by doing the Mitzvos, and the destruction the would be caused by them not fulfilling the Mitzvos. So they always made sure to do the actions that they understood that their souls would cause Tikkunim.

   Therefore, when for example, Ya'akov Avinu saw that his soul could accomplish amazing Tikkunim in this world by marrying two sisters (since he understood that it was specifically through them that the Jewish nation would be brought into this world), he worked hard to make sure this happened. So too, Amram married his aunt so since he understood that doing this would bring Moshe Rabbeinu into this world.

   And that's one of the reasons why the Torah wasn't given to the Avos, since if they already had the Torah, it wouldn't matter if they realized that great Tikkunim could be accomplished by going against the Torah, they would not be able to do so.

4. R' Shneur Zalman of Liadi, explains in Torah Ohr (page 134 "Moshe Yidaber...") that every Mitzvah brings down a different revelation of Godliness into this physical world (which is why Mitzvos are done with physical objects and actions). The Avot were able to draw down this same revelation even before the Torah was given. This is what it means that the Avos kept the whole Torah even before it was given. However, the Avos brought down these revelation spiritually, not physically.

   In a footnote to his father-in-law's Ma'amar, the Lubavitcher Rebbe notes there were some Mitzvos that the Avot only kept spiritually (e.g. Tefillin, which mention the exodus from Egypt, which hadn't happened yet), and some Mitzvos that the Avot physically performed. Even the Mitzvos they did physically however, were only able to draw down Godliness into the spiritual worlds, the physical item they did the Mitzvah with remained unchanged.

   As an example, the Zohar says that the sticks Ya'akov used to affect the look of the sheep born (Genesis 30:37 and on) was how he spiritually observed the mitzvah of Tefillin. However, once he was done the sticks did not retain any holiness and could be thrown away (unlike our Tefillin). See here and here.

5. The Lubavitcher Rebbe (Likutei Sichot Volume 5, page 146) gives a very practical reason why Avraham waited to have a bris. Rashi explains that G-d's commandment to Noach after the flood, forbidding spilling a mans blood (Genesis 9:6) applies to spilling ones own blood as well. As such, Avraham was legally unable to circumcise himself until G-d explicitly commanded him to do so.

6. Also, I once read and explanation of the Lubavitcher Rebbe that even Rabbinical Decrees are the will of G-d. If so, why aren't they recorded in the Torah? Because it was G-d's will that they be Rabbinical and not Biblical.

   There are differences if a Mitzvah is Biblical or Rabbinical. For example, in the case of a doubt. When you have a doubt whether the prohibition applies, in a Biblical Mitzvah you must be strict, but with a Rabbinical Mitzvah you may be lenient.

   Also, at least according to some opinions, when something that is Biblically prohibited the item itself is prohibited, whereas when the item is Rabinically prohibited, the prohibition is on the person, not the item (Gavrah vs. Cheftzah). See here.

   If so, it makes sense why the Avot kept even the Rabbinical Decrees, since they too are the will of G-d, not just decrees that the Rabbis created later.

See here as well for many of the major commentaries of whether the Avos kept the Torah or not.

Answer 5

The Mishna (Kiddushin 4:14) and Gemara (Yoma 28b) states that Avraham kept all of the mitzvos, even those established by the Rabbis such as Eiruvei Tavshilin (or Techumin). This is mentioned in various places throughout Midrashic literature as well (Midrash Rabba 64:4, Tanhuma Lech Lecha 11). This is usually understood to apply to the other forefathers as well and perhaps Yakov's children too (see Pesachim 50a that Yehudah wouldn't have married a Canaanite because his forefathers wouldn't have either). The only exception to this that I know of is the Rama (Teshuva 10) who posits that if Avraham kept all of the commandments, his household members and children (specifically Yaakov) did not.

What follows is the approaches of various commentators in understanding this (rather difficult, as the questioner pointed out) midrash.

Rashi in various places (particularly Beraishis 26:5) indicates that he accepted this Gemara at face value. Hence, he mentions (Beraishis 32:5) regarding Yakov that he kept all 613 commandments. This is also explicitly mentioned by the Rashbatz in his introduction to Magen Avos, where he explains that 'certainly we do not disregard the literal meaning of this statement' despite his explanation of the significance of Eiruvin as the example used by the Gemara. Additionally, the Sefer Ha'Eshkol (Albek, Tefillah pg 12) says that all three forefathers prayed three times a day, as they kept all of the commandments and rabbinic enactments. Perhaps mitigating the issues slightly is a responsum from the Geonim (teshuva 45 in the version published by Ofek, 2002, though there's some controversy about it) which implies that the Avos only kept the Biblical commandments, but the author still believes in the (mostly) literal understanding of this midrash. This understanding is also put forth by the Radvaz (Teshuva 2:696), Maharsha (Bava Basra 16b and a few other places) and the Noda Biyhuda (Tzlach Chulin 91a).

Many were still bothered by the fact that the Avos seems to have violated some of the commandments, such as the prohibition of marrying two sisters. Therefore, the Daas Zekainim (46:7) and Maharal (Gur Aryeh Beraishis 37:2) both explain that the forefathers weren't obligated, but kept the commandments anyway because they wanted to. The same idea is expressed by R. Eliyahu Dessler (Michtav Meeliyahu 3 pg. 51) Maharal (there and Tiferes Yisrael ch. 20) therefore adds that they only kept the positive commandments, but didn't avoid prohibitions.

The Nefesh Hachayim (1:21), as well as the Rashba (Shut 1:94) explain that the Avos were able to intuit what would please God the most at any given time and situation, which meant that, ipso facto, they would usually be keeping the commandments of the Torah. However, if God would rather Yaakov marry both Rachel and Leah, Yaakov was free to do so. A similar comment is made by the Ohr Hachayim (Beraishis 49:3).

Thus far, all of those mentioned have taken the midrash literally. Most later commentators seem to take this approach as well; one needs only to open up a Chasam Sofer, Pardes Yosef or any contemporary collection on the parsha to find them going into lengthy discussions of how the avos kept various details of the mitzvos. However, not all of the commentators took this idea literally.

Most explicit is the Meiri, who, in his introduction to Maseches Avos interprets this saying allegorically, that the moral lessons implied by all of the mitzvos were understood and practiced by the avos. Another person explicitly rejects the literal interpretation of this Midrash is R. Avraham son of the Rambam (Commentary to Beraishis 35:4), who explains that Chazal merely used hyperbole to express the extent to which the avos were committed to God. A much later (and of a completely different persuasion) thinker to take this approach is the chassidic Shem MiShmuel, who says (Parshas Shemini, 5678) that "of course the explanation is not that they kept all the commandments as they are today, which is of course impossible... but rather they kept the light of the mitzvos."

There may be many other commentators who rejected the literal interpretation of this Gemara, though they do not (to my knowledge) say so explicitly. The source used by Chazal to say that Avraham kept the entire Torah is the verse in Beraishis 26:5 - עֵקֶב אֲשֶׁר-שָׁמַע אַבְרָהָם בְּקֹלִי וַיִּשְׁמֹר מִשְׁמַרְתִּי מִצְו‍ֹתַי חֻקּוֹתַי וְתוֹרֹתָי. However, Rashbam, Chizkuni, Ibn Ezra, Radak, Ramban, and Seforno all explain that particular verse as referring to general moral obligations, universal obligations, and the specific commandments actually given to Avraham such as circumcision. Therefore, it could be that all of these commentators are unwilling to take the Gemara mentioned above literally. The Rama (Teshuva 10, mentioned above) also seems hesitant to accept this midrash at face value.

The Ramban's position is particularly interesting, because he first states (Beraishis 26:5) that there are many obvious difficulties in believing that the Avos literally kept all of the commandments, and seems to be comfortable rejecting this concept, at least as presented by Rashi. On the other hand, he does try to give rationales for all of the things that the Avos did, and states (to Beraishis 38:2 and Vayikra 18:25) that even assuming that they kept all of the commandments, this was only so in the Land of Israel.

Finally, I should mention the Rambam in Hil. Melachim 9:1 states that the forefathers were only commanded regarding a few things, specifically the seven universal (or 'Noahide') commandments, with a few additions here and there (circumcision etc.), implying that the avos did not actually keep all 613 commandments (or at least weren't commanded to do them). The Raavad (there) seems to agree with this principle.

(Many ancient sources on the topic can be found here: Avot and Mitzvot – Was Avraham the First Jew?).

Answer 6

First of all, the main sources in Chazal just say that Avraham kept the commandments, not that all the avos did:

מצינו שעשה אברהם אבינו את כל התורה כלה עד שלא נתנה , שנאמר , ( שם כו ) עקב אשר שמע אברהם בקלי וישמר משמרתי מצותי חקותי ותורתי :

so that might avoid any questions from Yakov.

Serving meat & milk at the same time is not a problem, since a non-Jew can eat it. In addition, it is only biblically prohibited when they are cooked together.

If you understand it completely literally, that he kept every mitzvah, there will still be many logical difficulties. I think it may mean Avraham kept many of the principles of the Torah, those represented by the words "משמרתי מצותי חקותי ותורת". He may have even kept the actual mitzvos that he was able to figure out on his own, but its unlikely he could have kept everything. Besides explaining the passuk, I think chazal may have been trying to explain how the father of the Jews must have lived. They do not think he could have not been somehow keeping to the ideals of the Torah, even if it had not been given yet.

Answer 7

The Lubavitcher Rebbe actually also addresses your question and specifically answers it in the same Sicha as quoted in one of the answers. Specifically, Yaakov says "Im Lavan Garti" which we know stands for Taryag. So the Rebbe explains that Rashi specifically changes the words from the Gemara in bringing it down to say "shamarti" instead of "Keeyamti". The Rebbe goes on to explain that Shamarti is more in line with how Yaakov Avinu observed the mitzvos vs. Keeyamti....

I don't have time to to elaborate, but the sicha is publicly available. See Page 146 of Vayetzei in Volume 5 and see footnotes 27 and 45 on page 148.

Answer 8

The Rashba explains:

When Chazal teach that the Avos kept the Torah, they mean that every mitzvah hints to a certain aspect of Divine Wisdom, and this Divine Wisdom obligates us to do deeds and allusions which hint to this Wisdom.

The Avos with their superlative intelligence perceived the roots of this Wisdom and thus performed 'mitzvos' accordingly, but not necessariy the same ones or in the same way as we were commanded at the giving of the Torah.

Answer 9

Every mitzvah has a spiritual counterpart to its physical action. So in a way the avos kept all of the Torah before the giving of the Torah but not in the way we do today or anyone did post matan torah. let's look at some examples you gave...

The Chumash records instances of the avot seemingly violating certain mitzvot, e.g. Yaakov marrying sisters, Avraham serving milk/meat together

-first of all everyone is obligated in the 7 mitzvas bnei noach. Yaakov had made oath to marry Rachel but ended up marrying Leah instead. Yaakov had a choice in keeping the Torah which was optional to him or violating an actual obligation which was honoring the promise he made. There are two simple ways at looking at what Avraham did. first of all his guests were not assumed to be Jewish and they wouldn't need to keep kosher and secondly if you look carefully at the way the verse reads it actually appears that he served the dairy first followed by the meat which is perfectly ok even according tokosher standards after the Torah.

The Chumash records instances of the avot being given mitzvot, e.g. Avraham and circumcision. So he clearly was not observing the mitzva of circumcision before this time. So when did he start observing various other mitzvot?

-There is a good explanation given in lekute sichois for why Avraham waited to do bris milah specifically and how waiting to be told was so the performance would be a greater mitzvah. I don't remember all of the details right now.

Even with knowledge of future events, some mitzvot cannot logically be done at the time of the Avot, e.g. remembering things that have not yet occurred, such as the exodus and Amalek.

-Again like the beginning of my answer every physical mitzvah has a spiritual counterpart. Egypt represents physical constraints and limitations by which the Jwish person is able to overcome by nature of having a G-dly soul (explained at length in Tanya about what it means for a Jewish sould to be a part of G-d). Amalek is a nation we are to wipe out but also represents the nature of our yezter hara. The yezter hara is a mood. WHen we are tired and weak that's when we must remember "amalek" to destroy it from underneath the heavens meaning not to allow it to entice us to do something wrong.

Did they observe the mitzva of writing a Sefer Torah? Does that mean they knew of all events that are recorded in the Torah, including their own lives?

-Haven't heard this but the avos were naviim which means they were told by G-d everything they needed to know about the past or future in order to carry out G-d's will.

How were the mitzvot of Teruma and Ma'aser observed, if there were no Kohanim & Levi'im yet? Did they being korbanot?

-The Torah mentions lots of times that the avos brang karbanos. Before the building of the mishkan sacrifices were allowed to be brought anywhere. Then after the building of the first beis hamikdash the restrictions on where became the most stringent to only be in jeruslam and only in the beis hamikdash.