Hur Was The Son Of Miriam
By: Rav Yitzchak Dei
In our parsha, parshat Mishpatim, we learn the well-known principle: "The one who sues his fellow man, the (burden of) proof is upon him (the plaintiff), as it says (Shemot 24:14): "And to the elders he said, wait here for us until we will return to you. Behold, Aharon and Hur are with you; whoever has a case should go to them." And we learn: (he) should submit a proof to them.
Indeed, the Talmud's conclusion is that we do not learn this halacha from this verse but instead from logic, as it says in Babba Kamma 46b: "For what do I need this to be written? It is logical: the one who has pain is the one who goes the doctor", one who feels sick is the one who goes to the trouble of dealing with doctors and cures, and one who has no pain doesn't need to do anything. And so it is with monetary claims – one who claims that his fellow man owes him money is the one who has to go to the trouble of bringing proof. Nevertheless, we see in the Acharonim that in some cases this verse is also needed (as explained in the P'nei Yehoshua, but here is not the place for this discussion).
In any case, a fundamental principle of the law of Am Israel is clarified in our parsha, and we recognize that in addition to Moshe and Aharon, another person by the name of Hur joins the event. Hur is the son of Miriam, and when Moshe ascends the mountain, he delegates his authority on matters of judgment to Aharon and Hur.
This is not the first time we meet Hur. At the end of parshat Beshalach, in the war against Amalek, we encounter Hur standing by Moshe, supporting him and holding up his hand, and thus ensuring that the war will conclude with Israel's victory over Amalek.
The next time we will see Hur's name will be in the construction of the Mishkan. In Parshat Ki Tisa (Shemot 31:2) it is said: "See, I have called by name Bezalel the son of Uri the son of Hur from the tribe of Yehuda."
On three occasions the name of Hur appears: at the end of Beshalach, in this week's parsha (Mishpatim) and in the parsha on the Mishkan.
In all three places, Rashi writes, and repeats nearly word for word, the same thing:
"Hur – was the son of Miriam."
Rashi writes this at the end of Beshalach (Shemot 17:10), in our parsha (24:14) and in parshat Vayakhel (35:30).
Why did Rashi see the need to repeat the same words three times? Why did he not suffice with mentioning this once, at the end of Beshalach, and from now on we can understand this ourselves?
We can say that Rashi wanted to teach us something of great significance.
Let us go back to parshat Shemot. The Torah says (1:21): "And it came to pass, that since the midwives feared the Lord, He made houses for them."
The Torah tells us that the names of the midwives were Shifra and Puah, and Chazal (Sotah 11b) reveal to us that they were a mother and her daughter – Yocheved and Miriam. They merited reward from HaShem – "houses". Rashi explains: Houses of Kehuna, Levi'ah and Malchut (Kohanim, Leviim and kingship). The Kehuna and Levi'ah originated from Yocheved, and the Malchut from Miriam.
It is clear that Yocheved saw during her lifetime the Kehuna and Levi'ah which sprang from her in Moshe and Aharon. But when did Miriam see the Malchut in her lifetime?
Behold, we know that the king has three central duties: 1) To eradicate the memory of Amalek. 2) To judge the people. 3) To build Beit HaBechira (the Tabernacle/Temple). HaShem promised Miriam "Malchut" so we have to see how this happened in her lifetime.
Therefore Rashi comes with with his enlightening commentary, and every time Hur is mentioned in connection with an important responsibility, Rashi makes a point to emphasize: "Pay attention – Hur is the son of Miriam." Hur is mentioned, and takes an active part in three "monarchic" events – in the war with Amalek, in administering justice and in building the Tabernacle (by means of his grandson Bezalel) and all this in Miriam's lifetime. In spite of the fact that Hur himself was killed in the debacle of the golden calf, his offspring (= Miriam's descendent) continues his mission and builds the Mishkan.
Now Rashi's explanations are understood: HaShem made a promise to Miriam – and fulfilled it.
Shiur ID: 9498
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