9 Authorship of the Torah


Nor am I doing better with the time at which the Torah was written. According to our tradition (Maimonides, Foreword to the Mishnah Commentary) Moses finished writing the Torah (as G-d dictated it to him) just before his death, in the 40th year after the Exodus. But in Genesis 14:14 we find: "And when Abram heard that his brother was taken captive, he armed his trained servants, born in his own house, three hundred and eighteen, and pursued them to Dan." The place-name Dan is mentioned once more in the Torah: "And Moses went up from the plains of Moab to the mountain of Nebo... and the Lord showed him all the land of Gilead, to Dan" (Deuteronomy 34:1).

But the first time a place in the Land of Israel (where the events took place) was named Dan was long after Moses's death, when the Israelite tribes were already conquering the land: "And the children of Dan went their way... and came to Laish, to a people that were at peace and secure: and they smote them with the edge of the sword, and burnt the city with fire. And there was no deliverer, because it was far from Zidon, and they had no business with any man; and it was in the valley that lies near Beth-rehob. And they built a city, and dwelt therein. And they called the name of the city Dan, after the name of Dan their father, who was born to Israel: howbeit the name of the city was Laish at the first." (Judges 18:26-29)

One can say the Torah spoke in the terms of the future, since for G-d there is no difference between the future, the present and the past, and Moses was a prophet to whom G-d revealed the matter of Dan. But we believe that the whole People of Israel received the Torah in its final form before they entered Canaan; how were they supposed to comprehend these verses?

This question also troubled the author of "HaKtav vehaKabbalah" commentary (on Genesis 14:14), and his explanation, based on the Targum Yerushalmi, is that the Dan spoken of in Genesis is not the Dan spoken of in Judges, but another Dan called "Dan deCeysarion," and it, says HaKtav vehaKabbalah, is "a place known to travelers." But alas, the city of Ceysarion is not Caesarea (as the author of HaKtav vehaKabbalah most likely thought), but another city, built in the time of Herod near the sources of the Jordan River, north of the Sea of Galilee, exactly where the Dan of Judges was situated (see the map in Encyclopedia Hebraica, v. 6, pp. 365-366). "Dan deCeysarion" is the same Dan as in Judges, and the question remains: was the Torah written years before the city of Dan was established, or -- a painful conclusion to which I am drawn -- afterwards?

Moreover, if G-d didn't mind including in the Torah names of cities that were not known when the Torah was given, but would only be known to future generations, then why does the Torah include only names known in the first half of the 1st millennium BCE? Why doesn't the Torah also mention, for example, the names Haifa, Dimona, Kiryat-Shemona etc.?

Just another example -- in Exodus 16:35 the Torah says: "And the Children of Israel ate manna forty years until they came to a land inhabited; they ate manna until they came to the borders of the land of Canaan." And the Gemara (Kiddushin 38a) says that when Moses died on the 7th of Adar, the manna stopped falling from the sky, and the Children of Israel ate the manna they had gathered that day until the day after Passover of that year, when they were already in the land of Canaan.

But we believe that the Torah as a whole was written down and presented to the people before the Children of Israel entered Canaan -- and yet the verse speaks in the past tense: "They ate manna..." That is, eating manna "until they came to the borders of the land of Canaan" is described as an event which had already taken place -- something possible only after they entered the land of Canaan, at least 30 days after Moses's death (Deuteronomy 34:8) and not before the day after Passover, according to the Gemara.

In Deuteronomy 34:5-12 we find: "So Moses the servant of the Lord died there in the land of Moab, according to the word of the Lord. And He buried him in a valley in the land of Moab, over against Beth-peor: but no man knows of his sepulcher to this day. And Moses was a hundred and twenty years old when he died: his eye was not dim, nor his natural force abated. And the Children of Israel wept for Moses in the plains of Moab thirty days: so the days of weeping and mourning for Moses were ended. And Joshua the son of Nun was full of the spirit of wisdom; for Moses had laid his hands upon him: and the Children of Israel hearkened to him, and did as the Lord commanded Moses. And there arose not a prophet since in Israel like Moses, whom the Lord knew face to face, in all the signs and the wonders, which the Lord sent him to do in the land of Egypt to Pharaoh, and to all his servants, and to all his land, and in all that mighty hand, and in all the great terror which Moses showed in the sight of all Israel."

These verses, describing Moses's death, obviously could not have been written by Moses himself. Moses could have known about the events of his death through prophecy, but this is no help -- Moses's funeral and the mourning for him are described here in the past tense, so this account could not have been given to the whole People of Israel while Moses was still alive.
Indeed, even our Sages OBM disputed whether Moses wrote down these verses: 

"As we have learned: 'So Moses the servant of the Lord died there' -- is it possible that Moses is dead and yet writes 'So Moses... died there'? But until here, Moses wrote, from here and on Joshua wrote -- these are the words of Rabbi Judah, and some say: Rabbi Nechemiah. [But] Rabbi Simeon said to him: is it possible that the Torah scroll lacks even a single letter, and it is written 'Take this book of the Torah' (Deuteronomy 31:26)? But until here G-d spoke and Moses wrote, from here on G-d spoke and Moses wrote in tears." 
(Tractate Bava Batra 15a)

Rabbi Judah's (or Rabbi Nechemiah's) position is quite easily understood: if it is self-evident that Moses did not write these verses, it is reasonable to conclude that Moses's closest disciple, Joshua, finished the work. But Rabbi Simeon's opinion seems totally implausible -- no one can report his own funeral actually taking place and present this report to his whole community, be it in tears or not.

The Vilna Gaon tried to explain that the word "in tears" (bedema) means "in a muddle" (bedimua), that is, the letters of the Torah's last eight verses were not separated into words and verses, but all the letters were written in a sequence which could be partitioned in several different ways, and each partitioning, of course, would lead to a different variation of the text, so that it was not read as "So Moses... died there" (see R' Eliyahu Ki Tov, Sefer HaTodaah, chapter "HaTorah VehaMesorah"). But if the Vilna Gaon is right, then the Torah which Moses wrote had quite a different meaning from the one we now have, in which "So Moses... died there" is explicitly written. Who was it who later separated the non-separated letters, thus altering the original meaning of the Torah text? Whoever he was, he did in fact change the text after Moses's death -- according to the Vilna Gaon, Rabbi Simeon's position is essentially no different from that of Rabbi Judah.

So we find that among the Tannaim there were those who did not consider the Torah to be authored, as a whole, by G-d himself. And not only among the Tannaim was there this dispute. Deuteronomy 34:6 says: "But no man knows of his [Moses's] sepulcher to this day." The expression "to this day" implies a lot of time had passed from when the events took place to when the verse describing them was written. And indeed, R' Abraham Ibn Ezra (of 12th century), wrote in his commentary on this verse: "'To this day' -- these are the words of Joshua. And it is possible he wrote them at the end of his days." Midrashic sources state that Joshua died 28 or even 38 years after Moses did (see Seder Olam Rabbah, Milikowski edition, chapter 12 vs. Yalkut Shimoni on Joshua, section 35). And, though according to Ibn Ezra on Exodus 33:11 there were only 14 years between Moses's death and Joshua's, we see that the sacred text of the Torah was changed more than a dozen years after it was introduced, sealed, and put "in the side of the Ark of the Covenant of the Lord" (Deuteronomy 31:26), despite the explicit prohibition, "Do not add thereto nor diminish from it."

Were this prohibition seen as G-d's living word, neither Joshua nor anyone else would dare alter or add to the book. I cannot find an explanation for this save that, in Ibn Ezra's view, the Torah was not seen, as a whole, as the word of G-d. And not only is it Ibn Ezra's view, it follows ultimately from the Torah verses themselves, consistently analyzed.


Regarding your question of how the People of Israel were to understand the verses that include the name ‘Dan’ – it would only seem reasonable that the people of that time were well aware of Moses’ prophetic powers, and would therefore understand these verses as referring to the lands that the tribe of Dan would soon inherent.

This understanding seems to be forced from the verses themselves. The verses continue: “And the Lord showed him all the Land: The Gilead until Dan. And all of Naftali, and the land of Ephraim and Manasseh, and all the land of Judah, until the western sea.”

Just as it is understood that the meaning of the references to the other tribes of Naftali, Ephraim, Manasseh and Judah, refers to the land that they were to inherit after conquering the land of Israel, the same meaning would apply with regard to the reference of ‘Dan’.

I have difficulty understanding the basis of your question of why the Torah doesn’t reference to Haifa, Dimona or other modern-day cities, as I am not entirely sure why the Torah should. However, one possible answer to that is, based on what I will discuss later on with regard to the question of the time that the Messiah is supposed to arrive, is that theoretically, the Messiah could have come at many points throughout history. Therefore, the Torah chose not to reference to the names of modern cities, as it was not a must for history to unfold the way it has, with the establishment of the State of Israel.
Regarding the Manna, your question was already discussed some 2000 years ago. The Sifri (Beha’alotcha, Section 64) states: “Rabbi Judah HaNasi says … the verse states, “And the Children of Israel ate manna forty years until they came to a land inhabited,” but they hadn’t eaten it yet? This comes to teach us that there is no chronological order in the Torah.”

In other words, this verse was written in the fortieth year of the Israelites wanderings, just before Moses’ passing, like the rest of the Torah, but this verse was inserted among the other verses that describe an earlier period of time.

Since this verse was written in the fortieth year, there is seemingly no difficulty for Moses to reference to something in the past tense, even though it would only happen in another 30 days, as for him it was a self-understood natural outcome. It would have to be that once the Manna stops falling – at Moses’ death – then the People of Israel would run out of it in a relatively short time.

I will also note that Rashi in his commentary just two verses earlier (Exodus 16:33), explains a similar idea, from where one can easily learn to our case. On the verse: “And Moses said to Aaron, Take one jug and put there an omerful of manna, and deposit it before the Lord to be preserved for your generations”, Rashi explains on the words, “And deposit it before the Lord: Before the Ark. This verse was not said until the Tent of Meeting was built, but it was written here in the section dealing with the manna.”

Lastly, I fail to see any dire theological implications whether Moses or Joshua wrote the last eight verses of the Torah. After all, if Moses was a prophet, a man of G-d, and Joshua was a prophet as well, what difference does it make who wrote these verses? They are both divinely inspired.

I do not doubt that Rabbi Abraham Ibn Ezra viewed the Torah as G-d’s word, but a probable explanation for why he believed that it was permissible for Joshua to add the last verses, despite the verse, “Do not add thereto nor diminish from it,” is because he interpreted this prohibition in the way most Rishonim do – that this verse forbids adding or detracting from the Torah’s commandments. This is derived from the beginning of that very verse: “Everything I command you that you shall be careful to do it, do not add thereto nor diminish from it.”

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