Parashat Yitro tells of Ma’amad Har Sinai – Hashem’s revelation to Beni Yisrael at Mount Sinai, and Moshe’s ascent to the mountaintop after the revelation in order to receive the Torah. The Gemara in Masechet Shabbat (88b) tells of Moshe’s confrontation with the angels when he was in the heavens receiving the Torah. The angels objected to G-d’s decision to give the sacred Torah, which had been in the heavens for millennia 974 generations before the creation of this world and to give it to lowly mortals. Hashem instructed Moshe to respond to the angels’ argument, and Moshe said that the angels have no need for the Torah’s laws. For example, the command of Shabbat is relevant only to those who work during the week, and the angels do not work; the prohibition of not eating meat with milk, the mitzva of Kasuroot, Tafilin, Mazuza, Tzizit they don’t apply top angels.
The Hid”a (Rav Haim Yosef David Azulai, 1724-1806), in his Book Peneh David, explains the rationale behind the angels’ contention based on a Halachic rule known as “Bar Masra.” This rule establishes that if a person wishes to sell a piece of property, he must grant the right of first refusal to the person who owns the neighboring property. Since the owner of a neighboring property will benefit from the property more than others, it is only proper to grant him first rights to purchase it.
Accordingly, the angels argued that if Hashem was “selling” the Torah, He was obliged to first offer it to them, as they reside in the heavens and could then be regarded as the Torah’s “neighbors.” Was the angels approach and claim a valid claim, after all this is a Torah Law neighbors come first before out of towner. Rav Meir Shapiro of Lublin (Poland, 1887-1933) explained by noting an event that preceded Ma’amad Har Sinai, and which, in a sense, served as a prelude to the giving of Torah. During Beneh Yisrael’s encampment in Mara, they were taught several Misvot (Shemot 15:25). Specifically, Rashi writes, they were taught the obligation of honoring parents, the obligation to observe Shabbat, and the obligation to maintain a just legal system. Rav Shapiro noted that the common theme shared by these three Misvot is the idea of our partnership with Hashem. The Rabbis teach that whoever observes Shabbat properly is considered as though he has partnered with Hashem in the world’s creation, and they similar comment that a judge who rules truthfully is considered G-d’s partner. And when a person honors his parents, he gives honor to all three partners who took part in his creation – his mother, his father, and G-d. Thus, before Beneh Yisrael arrived at Sinai, they were made Hashem’s partners through these three Misvot. AND this is precisely the flaw in the angels’ argument. Two of the exceptions to the law of “Bar Masra” is that the seller’s partner takes precedence to a neighbor. If the seller’s partner wishes to purchase the property, then he receives first rights, even if the owner of the neighboring property is also interested. Hence, Beneh Yisrael were entitled to the Torah even if the angels wanted it. We are not only Hashem’s subjects – we are His “partners,” in that we represent Him in the world and conduct our lives according to His will. Therefore, we deserve first rights to the Torah. Although the angels reside in the heavens, and we are mere mortals living here on earth, we were nevertheless granted the precious gift of the Torah, because we are Hashem’s partners, who enjoy a special relationship with Hashem, by virtue of which He showers us with His blessings, including, and most importantly, the sacred Torah.
The Third and final answer Moshe gave the angels was: that in the book of Deuteronomy Chapter 14:1 דְּבָרִים
It clearly say that Hashem called us his children-
א בָּנִים אַתֶּם, לַיהוָה אֱלֹהֵיכֶם
You are the children of the LORD your God:
And the other and final exception of the the laws of Bas Matrza is the children come before neighbors and before partners.
End of story check mate.