The Top Ten? The Big Ten? Yitro

“As horrible as this is (especially in light the Aqedah), it conveys the seriousness of this commandment and of the principle that the Ten Commandments outweigh other laws.”

Richard Elliott Friedman, Commentary on The Torah

In legal systems, some laws override others. For example, the United States essentially has two forms of law- State and Federal. To resolve address authority within competing systems, the United States’ Constitution has a “Supremacy Clause.” With that provision, essentially, Federal Law trumps State Law. U.S. Constitution, Article VI, Clause 2.

While the Torah does not have a Supremacy Clause, it does have a Supreme Being lawgiver. The Torah Portion Yitro recounts how this Being delivered to the Children of Israel 10 (of the 613) laws.

This theophany has God delivering the Ten Commandments to the Children of Israel. Without an intermediary, it states that “God spoke all these words” of the Ten Commandments to them. Exodus 20:1. Professor Friedman notes that this was done “aloud directly to the people.” Commentary, P. 234.

The pyrotechnic display of thunder, horn blowing and the mountain smoking affected the people. Exodus 20:18. After the Ten Commandments, the Children of Israel requested that, moving forward, that they preferred Moses to communicate God’s messages. Exodus 20:19.

Thus, on a transmittal basis, the Ten Commandments are unique from all other commandments. The transmission’s uniqueness, however, does not make a persuasive case that the Ten Commandments are somehow superior to other commandments.

What the Ten Commandments represents may give weight on the matter. This was the covenant between the Deity and the people. This was akin to a suzerain vassal treaty. See Commentary, P. 234. In essence, the Decalogue defines the parties contractual relationship.

The analysis can also be broken down by scriptural and post-scriptural. The Hebrew Bible, post-Torah, reports on numerous incidents involving legal conflicts. Professor Friedman discusses Joshua’s interaction with the Gibeonites as well as Jephthah and the sacrifice of his daughter.

In both cases, oath making became controversial. The provision against using the Lord’s name in vain defined the result. Professor Friedman notes that “[a]s horrible as this is (especially in light the Aqedah), it conveys the seriousness of this commandment and of the principle that the Ten Commandments outweigh other laws.”

Post-scripture, the Jewish concept of Pikuach Nefesh impacted legal interpretation. Saving a life takes precedence over the other commandments. There are exceptions. These include murder, incest, adultery, idolatry, and a life for a life. A number of these exceptions fall within the Ten Commandments. Some of them, however do not.

Conclusion

Are the Ten Commandments the one’s that rule all others? The answer is murky. The Commandments are unique in that they occur in a theophany. Further, beyond laws, they are the covenant between God and the Children of Israel. Further, Torah interpretation of the laws with respect to the notion of legal supremacy differs in scripture versus post scripture. Presently, the sanctity of life appears as the concept which predominantly shapes legal judgment. Even with that mindset, there still remains instances in which there are overriding forces.

Be well!!

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