Torah received as both gift and earned acquisition

במדרש ומשה עלה כו' עלית למרום כו' נתגששת עם המלאכים.

In the Midrash: "And Moshe ascended…" — "You ascended on high…" — you wrestled with the angels.

When Moshe rose to receive the Torah, he had to contend with the angels, who did not wish the Torah to be given to those below.

בלקיחה ניתנה לו יכול יתן דמים ת"ל מתנות כו'.

It was given to him as a "taking" — one might think he must pay money for it; therefore the verse says "gifts."

The Torah is described both as something Moshe "took" by his own effort and as a "matanah (gift)" freely given — two complementary modes.

כי מרע"ה הי' מוכן לקבל התורה בבחי' לקיחה.

For Moshe Rabbeinu was fit to receive the Torah in the aspect of "taking."

Moshe earned the Torah through his own labor and merit — he could "take" it as something he had won.

והוא במדה"ד.

And this is by the midas hadin (attribute of strict justice).

"Taking" something one has earned operates through the measure of justice — receiving exactly what is deserved.

לכן כ' עלה אל האלקים.

Therefore it is written: "Ascend to Elokim."

The Name Elokim denotes din (justice), fitting the aspect of Moshe's earned ascent.

אבל הקב"ה נתן התורה במתנה.

But the Holy One, blessed be He, gave the Torah as a gift.

From Hashem's side, the Torah was bestowed freely, beyond what was strictly earned.

כמ"ש ויקרא אליו ה' במדה"ר.

As it is written: "And Hashem called to him" — by the midas harachamim (attribute of mercy).

The Name Havayah (Hashem) denotes mercy, the aspect through which the Torah was given as a free gift.

ומן ההר בזכות אבות.

And "from the mountain" — in the merit of the Avos.

The giving "from the mountain" alludes to the zechus avos (merit of the Patriarchs), through which even the undeserving could receive.

לאמר פי' בשביל לאמר לכל הכלל אפי' אותן שאין זוכין לקבל בבחי' לקיחה.

"To say" — meaning, in order to convey it to the entire community, even to those who do not merit to receive it in the aspect of "taking."

The word "leimor (to say)" shows the Torah was meant for all of Klal Yisrael — including those who could not earn it on their own.

רק במתנה.

Only as a gift.

Such people receive the Torah purely as a matanah, not by merit.

ובזכות אבות.

And in the merit of the Avos.

What they themselves lack is supplied by the inherited merit of Avraham, Yitzchak, and Yaakov.

וזה עצמו הב' לשונות כה תאמר כו' ותדבר.

And this itself is the meaning of the two expressions: "So shall you say…" and "and you shall tell."

The two phrasings at Sinai correspond to the two modes of receiving — the gentle "saying" and the firm "telling."

כי בית יעקב בבחי' מתנה.

For "the house of Yaakov" is in the aspect of a gift.

"Beis Yaakov" refers to those who receive the Torah softly, as a free gift — the women and the simpler folk.

ושם ישראל לי ראש בבחי' לקיחה.

And the name "Yisrael" — "Mine at the head" — is in the aspect of "taking."

"Bnei Yisrael" denotes those who receive the Torah through their own earning, by effort and merit.

ובב' הבחינות ניתנה תורה לישראל.

And in both these aspects the Torah was given to Yisrael.

The Torah was bestowed both as a gift and as an earned acquisition, to reach every kind of Jew.

לכן מברכין ב' ברכות על התורה אשר קדשנו וצונו לעסוק בד"ת.

Therefore we recite two berachos over the Torah: "Who sanctified us with His mitzvos and commanded us to engage in words of Torah."

The first berachah reflects the Torah we acquire through our own toil and obligation.

בבחי' יגעתי ומצאתי לקיחה.

In the aspect of "I labored and I found" — "taking."

This corresponds to the principle that one who toils in Torah finds it — the mode of earning.

ואשר בחר בנו ונתן לנו במתנה.

And "Who chose us and gave us" — as a gift.

The second berachah reflects the Torah bestowed freely upon us, beyond our own merit.

והנה פי' מתנות באדם.

Now, the meaning of "gifts among men."

The Sefas Emes now explains why the Torah specifically had to come to mankind as a gift.

דאיתא שהמלאכים לא הניחו ליתן התורה לתחתונים.

For it is taught that the angels did not allow the Torah to be given to those below.

The angels objected to the Torah descending from the heavenly realm to human beings on earth.

כי באמת הם קרובים אל התורה.

For in truth they are close to the Torah.

The angels had a genuine claim, since they are nearer to the spiritual source of the Torah than men are.

ואית בזה משום דינא דבר מצרא.

And there is in this the principle of dina debar metzra (the law of the neighboring landowner).

Just as a bordering neighbor has first rights to buy adjoining land, the angels claimed prior rights to the Torah as its "neighbors."

אבל במתנה ליכא דינא דבר מצרא.

But with a gift there is no law of the neighboring landowner.

This neighbor's-right applies only to a sale; a gift may be given to whomever the giver chooses.

משום שרוצה ליתן לזה ולא לאחר.

Because the giver wishes to give to this one and not to another.

A gift expresses the giver's free will, so no neighboring party can object — Hashem chose to give the Torah to Bnei Yisrael.

אבל במכירה כל שהמצרן נותן כמו הלוקח הוא קודם.

But in a sale, whenever the bordering neighbor pays the same as the buyer, he takes precedence.

Had the Torah been "sold" by merit alone, the angels — as neighbors — would have had the prior claim.

ולכן מרע"ה שכחו יפה כמ"ש נתגששת עם המלאכים.

Therefore Moshe Rabbeinu, whose strength was great, as is said "you wrestled with the angels" —

Moshe alone was powerful enough to overcome the angels' claim.

וזכותו רב מזכות העליונים.

And his merit was greater than the merit of the heavenly beings.

Moshe's personal merit surpassed even that of the angels.

לכן ניתן לו בלקיחה.

Therefore it was given to him as a "taking."

Because his merit was so great, Moshe could receive the Torah by earning it outright.

וגם הוא עצמו בכלל העליונים כדכ' ומשה עלה ונק' איש האלקים.

And he himself was reckoned among the heavenly beings, as it is written "And Moshe ascended," and he is called "ish ha'Elokim (man of God)."

Moshe stood on the level of the angels themselves, so the neighbor's-right that favored them did not exclude him.

אבל התחתונים שאין להם זכות כמו מלאכי עליון.

But those below, who do not possess merit like the supernal angels —

Ordinary people cannot match the angels' standing.

לכן מתנות באדם בכח המתנה ניתנה תורה לאדם בארץ.

Therefore "gifts among men" — by the power of a gift the Torah was given to man on earth.

Since men could not claim the Torah by merit, it had to reach them as a free gift, against which the angels could raise no objection.

אבל באמת הי' הכוונה שאפי' אותן שאינם ראוים.

But in truth the intent was that even those who are not worthy —

The gift was aimed precisely at those lacking merit of their own.

ע"י התורה ייטיבו מעשיהם.

through the Torah would improve their deeds.

The Torah given as a gift would itself uplift and refine those who received it.

ויהיו אח"כ ראוים לזה.

And would afterward become worthy of it.

Once the Torah elevates them, they grow into people who genuinely deserve it.

לכן ב' הבחי' לקיחה ומתנה הם אפי' לפשוטי בנ"י רק בתחילה במתנה ואח"כ מביאתן התורה לידי זכות שיהיו ראוין גם בלקיחה.

Therefore the two aspects, "taking" and "gift," apply even to the simplest of Bnei Yisrael — only that at first it comes as a gift, and afterward the Torah brings them to merit, so that they become worthy even by "taking."

Every Jew, however simple, can ascend both rungs: he begins by receiving the Torah freely, and the Torah then refines him until he truly earns it.

ויתכן לרמוז זה בסיום הפסוק אף סוררים לשכון כי'.

And this may be hinted at in the conclusion of the verse: "even the rebellious, that Hashem may dwell."

The closing words of the verse allude to this very idea.

פי' שהפסוק מתמיה שהגם שניתנה תורה מתנות באדם.

Meaning, the verse expresses wonder: although the Torah was given as "gifts among men" —

The verse marvels that the Torah was granted freely even to the undeserving.

אבל הכוונה הי' כדי שייטיבו אח"כ מעשיהם.

yet the intent was that they should afterward improve their deeds.

The free gift was never meant to remain unearned; it was meant to lead to genuine change.

אבל לא להיות בקביעות בלי זכות.

But not to remain permanently without merit.

One must not stay forever a mere recipient of the gift, never advancing to true worthiness.

ולהיות סוררים לשכון:

And to be "the rebellious that dwell."

To settle permanently in the gift while remaining rebellious and without merit would defeat the Torah's purpose — the gift is the beginning of refinement, not a license to stay as one was.

Summary: The Torah was given in two complementary modes — "taking" (earned by merit, midas hadin) and "gift" (bestowed freely, midas harachamim and zechus avos). Moshe, whose merit surpassed the angels, received it by taking; the rest of Bnei Yisrael receive it first as a gift, against which the angels' "neighbor's claim" cannot stand. Yet the gift is only a starting point: the Torah is meant to refine its recipients until even the simplest Jew becomes truly worthy to earn it.