- The difference between the יוצאי מצרים and the נכנסים לארץ was the difference between והכית את הסלע and ודברת אל הסלע, between the first vision of מריבה and the second, which is itself the difference between משפט וחוק, the reason that the transition, the actual מבדיל בין אור לחושך of Bamidbar, is introduced by para-paradox and the opening to חוק. This is the thematic unity of פרה מריבה סיחון עמלק ואמורי ורפאים and the passing of the דור שלם to leave us with העם-שלם (רש”י) for the first time. This parallels the theme in לך לך where we have עין משפ”ט קדש רפאים עמלק ירושת הארץ, in which we also have the death of Moshe, היא קדש.
The loss of חוק is what made the כיבוש necessary, and of course that is what made true גלות possible, for the ביטול of כיבוש is the ביטול הקדושה- מי מריבת קד”ש. It is what made Purim necessary, and this was the source for the ביאה שניה and the rebuilding that was not to be based on כיבוש. It is a reflection of the various levels of עמלק , first in מריבה with the need for mechanics-משפט-miracles, later here after the loss of Purim, where they change their language (!), and finally in Purim directly.
The true difference between משפט וחוק is the equivalence of the difference between pre-brit Avraham and post-brit Avraham, for Mishpat is the world as we find it, those elements of structure that have worked their way into physical evolution directly and have become thus sensual, טע"ם, where חוק deals with emergent elements, the world of Yisrael which is emergent. Thus the אומות hate חוק as part of the definition of חוק and the נס חנוכה revolves around the desire לבטלנו מ”חוקי רצוניך". But they love morality and Mishpat.
It is the function of the para-nation, the תרומה של עולם, to continue the job of the חלתו של עולם and to express the restructure of the משפט through an understanding and reinsertion of חוק understood with emergent facilities to the fundamental structure of reality. Science works the same way: first Mishpat/nature is taken for granted, a mechanical Newtonian world which is the hitting of the rock, bluntly. Next, the מצות of חוק appear as new information that seems irrational (e.g. relativistic effects) and even paradoxical (e.g. double slit). Then understanding the information results in a completely new way of looking at the Mishpat itself, but the Mishpat serves as a check, delimiting the options for understanding the חוק by demanding consistency with nature as we find it. In life as well, we first believe in Mishpat, issues that are programmed into us genetically simply because if, say, we would steal we would not survive or if we were homosexual we would die out. But when we mature to the level of being ready for brit/covenant, we question the assumptions of Mishpat as they apply to morality and ask why we should be deprived of money when others have more than enough for both of us, or why we should be deprived of love if it is to be found in a same-sex relationship. It is only understanding the more fundamental world of חוק that can address those ready for brit/covenant. So too did the נכנסים לארץ need to be prepared conceptually to battle the Amalek and בלעם issues just as Yiftach does in the haftara and we are asked to battle today, unsuccessfully. They needed therefore the Ramban’s approach to כח מעשיו, to articulate a world of תרומה which can only be addressed through the elements of חוק and post-postmodernism. So it is that Amalek and כניסה לארץ and even the chaos of the רפאים must appear here together!

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