I
In the opening passages of Moshe's farewell message to Klal Yisrael, Chumash Devarim, he relates that Hashem had commanded the Jewish people after their having received the Torah at Sinai to start their march toward the Promised Land (1:6-8). Curiously, Moshe seemingly interrupts this narrative to describe how judges had been appointed then to share the task of adjudicating between the people (ibid. 9-17). A further difficulty is that, as described in Parshas Yisro, it was Moshe's father-in-law, Yisro, who suggested this job-sharing proposal (Shemos 18:17-23). But yet, Yisro is not mentioned at all in the retelling of this episode.
Ramban (Devarim 1:9) explains that the purpose of mentioning the past appointment of the judges was to complement the picture that Am Yisrael was totally ready to enter into the Holy Land not only having received the Torah, their spiritual blueprint for life in Eretz Yisrael, but also having had judges appointed to apply its dictates to their lives. Since in any case, Moshe received Divine approval for the appointment - Yisro himself having insisted on that (Shemos 18:23) - it was not crucial for the purpose of the retelling of the narrative in Devarim to mention Yisro's involvement (Ramban to Devarim 1:18). In short, the human element in proposing this innovation was omitted; only the Divine directive was mentioned.
We find the exact opposite with respect to the tragic episode of the meraglim, the spies sent to scout out the Land of Israel. In Devarim (1:22-23), Moshe only speaks of the fact that the Jewish people approached him requesting that he authorize a mission to scout out the Land of Israel and that he approved of it. The fact that in Parshas Shelach (13:2) the Torah relates that Hashem commanded the scouting mission is omitted. Here, the Divine element in commanding (or allowing) this mission is omitted; only the human request is mentioned.
On a simple level, the reason for these opposite omissions is straightforward. Whether we accept the Ramban's view - that the purpose of Moshe's review of the appointment of judges was to demonstrate Am Yisrael's readiness to enter the land or whether we accept Rashi's approach from Chazal - that inherent in the description of the appointment is a rebuke of aspects of the Jewish people's behavior (see Rashi to 1:12), either way, Yisro's input was not directly relevant to the purpose of this episode's retelling. By contrast, according to at least Rashi's approach, the retelling of the tumultuous and disrespectful request for a spy mission (see Rashi to 1:22) which reflected a lack of faith in the Divine promise concerning both the beauty and opportunity of Eretz Yisrael and the ability to conquer it (ibid. 23 and to Shelach 13:2) was part of Moshe's rebuke to Klal Yisrael for their past behavior. Hence, it was the inappropriate human request which was one of the focal points of Moshe's words, not the hesitant Divine approval related in parshas Shelach.[1]
On a different plane, these episodes are also reminiscent of three additional instances in the Torah where Divine commandments were revealed through the requests of individuals: The first concerned Pesach Sheini requested by those who were impure and hence were not able to bring the regular korban Pesach (Bemidbar 9:6-7); the second was the law of daughters inheriting when there are no brothers submitted by the daughters of Tzelafchad (ibid. 27:1-4); the third was the temporary injunction against inheriting daughters marrying husbands outside their tribe. This last one was asked by members of Tzelafchad's broader family (ibid. 36:1-4). In the last two instances Hashem tells Moshe "כן בנות צלפחד דוברות" and "כן מטה בני יוסף דוברים", respectively. On the former instance, Rashi quotes from Chazal (ibid. 27:7), that Hashem stated, "Precisely so is this Torah section written up on high" followed by "They demanded well! Fortunate is the one who the Holy One blessed be He agrees with his words!" In all these instances, similar to that of Yisro's suggestion, the idea was met with resounding Divine consent. To be sure, not all human requests were met with such favor. According to Rashi (Bemidbar 13:2), in response to the request to send spies, Hashem responded unfavorably, "I have told them it is a beautiful land; by their lives, I shall give them room to err through the words of the spies and not inherit it!" Nonetheless, Hashem still allowed but did not command the mission. A similar reluctant Divine response was given to Moshe concerning his request to allow the eirev rav, the mixed convert group from Egypt, to join the Jewish people (see Rashi to Shemos 32:7) and to save a baby from the walls of Egypt (see Rashi ibid. 32:4 and Sifsei Chachamim there). The Korach rebellion, an initiative to make Judaism more egalitarian, and the episode of the ma'apilim fighting their way into Eretz Yisrael after the Sin of Spies, both without any Divine approval whatsoever, met with utter disaster.
What emerges from all of the above is that human initiative in partnering with the Almighty in the enactment of His plan for the world is, as a rule, welcome. In the midbar these requests sometimes even served as the conduit for the revelation of parts of Torah itself. Additionally, through the methodology of Torah Sheb'al Peh, the Oral Law, the conclusions of Torah scholars based on analyses premised on Divinely revealed principles also become part of the corpus of Torah. In a very real sense, our Sages partner with the Revelation of Sinai to reveal additional laws of the Torah. But the common denominator between all of these initiatives is the need for Divine approval. In the words of one of the first initiators, Yisro, "וצוך אלוקים ויכלת עמוד" - "And if G-d will command you, then you will be able to stand" (Shemos 18:23). Absent direct Divine communication one needs to assure that the initiative is consistent with Hashem's will by consulting great Torah scholars who, through their mastery of both the written Torah and the Oral tradition and the values contained within them, determine its conformity with Divine will. Many examples exist in Jewish history of initiatives which originated from requests from even common Jews which were accepted by the Torah leaders of the generation and greatly enhanced or preserved Torah observance. One example concerned formal education for women pleaded for by Sarah Schenirer. In effect, the Torah giants of her era pronounced to her after considerable debate, paraphrasing Hashem's words to the daughters of Tzelafchad, "כן שרה דוברת, תלמד תורה לבנות!". The Chachmei Hador, after appropriate and significant deliberation, decided that this innovation indeed represented the Divine Will for that era. However, examples of other initiatives proposed and enacted without the approval of Torah giants continue to cause significant problems within the Torah community.[2]
II
This week ushers in the period of the Nine Days which, coupled with Shabbos Chazon, begins the heightened period of mourning culminated by the solemn fast of Tisha B'av over the destruction of the Beis Hamikdash and the long exile of the Jewish people begun almost a millennium ago. How long will this exile last and in whose hands are the keys to its conclusion? Here our Sages enlighten us that there are two tracks to redemption which directly parallel the two types of Torah revelation: a humanly initiated one and a Divinely orchestrated one. The Gemara in Sanhedrin (98a) and Megila (17b) speaks of a more natural, on time track for redemption brought about largely by human action but also another supernatural, rushed option for redemption brought about directly by the Master of History. To be sure, this last track also entails significant human action, that of teshuva or other significant strides in avodas Hashem in whose merit Hashem will act (see Shemos Rabba 25:12), but nonetheless, in this track, as opposed to the first one, the Jewish people are more spectators than actors.
Much has been written about the confusing era in which we find ourselves. On the one hand, many prophecies about the redemptive process have begun to be fulfilled before our eyes in the Land of Israel brought about my much heroic human effort blessed with Divine success. But on the other hand, the ultimate climax of redemption: the ingathering of the entire Jewish people to the Land of Israel, the building of the mikdash, the reestablishment of the Davidic dynasty under the messianic king, and the return of the Jewish people to Hashem and His Torah seem both far and near at the same time. There is no clear consensus among Rabbinic scholars as to the "call of the hour," the specific points of focus toward which our era calls upon us to invest our energies. But one common thread I believe is clear according to all. The taste of some of the lights of redemption which we have merited should propel us ever further in following in the footsteps of Yisro, the daughters of Tzelafchad and of Sara Schenirer. Let us not just be passive, but active in partnering with Hakadosh Baruch Hu in bringing about a more perfect world by redoubling our efforts not only to remain loyal to and enthusiastic about His commandments but also, with the guidance of our Torah leadership, sometimes even to initiate, where appropriate, additional enhancements in serving Him properly. Among these efforts might be reinvestigating the feasibility of aliyah to the Holy Land,[3] additional Torah study projects concerning which our era has already been significantly blessed, additional chessed initiatives[4] and shemiras halashon[5] and middos programs. The sky is the limit depending on the creativity of each individual Jew. In the merit of our proper initiatives together with our loyalty to the dictates of our holy Torah, may we merit the final redemption speedily our days!
[1] Interestingly, according to one approach given by Ramban in parshas Shelach, their request was met with unreserved Divine approval; it was only their subsequent acceptance of the spies' slanderous report which was worthy of harsh rebuke in Devarim.
[2] See also, As G-d Commanded Moshe".
[3] See also, Longing for the Coveted Land - Past and Present.
[4] See also, Rabbi Eliakim Koenigsberg, Kindness: The Catalyst for Salvation.
[5] The Chafetz Chaim often wrote how the first exile was brought about through the sin of lashon hara about the Land of Israel. Consequently, the final redemption can come about through being extra vigilant concerning this crucial mitzvah.