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<DIV><FONT face=Arial
size=2>*************************************************************<BR>
THE TANACH STUDY CENTER [http://www.tanach.org]<BR> In Memory of
Rabbi Abraham Leibtag<BR> Shiurim in Chumash & Navi by Menachem
Leibtag<BR>*************************************************************</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SEFER DEVARIM – Introduction</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> What is Sefer Devarim? <BR> Most
everyone would answer - a review or repeat of Chumash, just as its 'nickname' -
'Mishneh Torah' - seems to imply. <BR> Is this really so?<BR> As
we now demonstrate, it won't take more than a minute to show how that popular
answer is simply incorrect! <BR> Let's quickly review
the first four books (of Chumash), noting which of their primary topics are
either included or missing from Sefer Devarim:<BR>* Sefer Breishit: Sefer
Devarim makes almost no mention of any of its stories - be it the story of
Creation, the Flood, the Avot, or the brothers, etc.<BR> <BR>* Sefer
Shmot: We find only scant details of the Exodus, and not a word about the
mishkan; even though we do find the story of Ma'amad Har Sinai & chet
ha-egel.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>* Sefer Vayikra: Here again, Sefer
Devarim makes almost no mention of any of its mitzvot or stories, aside from a
few laws that 'ring a bell' from Parshat Kedoshim, and some kashrut laws; but
hardly a summary. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>* Sefer Bamidbar: Indeed Sefer Devarim does
tell over the stories of the 'spies' and the defeat of Sichon & Og (with
some major 'minor changes'). However, there is barely a mention of the
remaining stories found in Bamidbar (and there are many), nor do we find a
review of any of its mitzvot (e.g. nazir, sota, challa, etc.). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Furthermore, Sefer Devarim contains numerous
mitzvot that had never been mentioned earlier in Chumash! Certainly, if
the book was a summary, then we should not expect for it to contain totally new
material.<BR>[To clarify this point, simply imagine that you are a teacher who
assigns the class to summarize the first four books of Chumash. How would
you grade a student who handed in Sefer Devarim as his assignment?
]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Even though it took us only a few minutes to
prove that Sefer Devarim is not a review of Chumash - it will take us much
longer to explain what Sefer Devarim is, and why Chazal refer to it as "Mishneh
Torah".</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>INTRODUCTION <BR> Like many good
books, Sefer Devarim can only be fully understood after you have read it.
So for those of you who are not patient enough to read the entire book first
(and analyze it), the following shiur will 'spill the beans'.
<BR> As usual, our shiur will focus on identifying its
structure and theme. It is recommended that you study this shiur
carefully, as its conclusions will provide the basis for our entire series on
Sefer Devarim (in the weeks to follow).<BR> <BR>A BOOK OF
SPEECHES<BR> The key to understanding Sefer Devarim lies in the recognition
that it contains a very important (albeit long) speech delivered by Moshe
Rabeinu, prior to his death; as well as several 'shorter' speeches; one which
introduces that 'main speech', and others that form its conclusion.
<BR> Therefore, the first step of our shiur will be to
identify those speeches. To do so, we must first note how the style of
Sefer Devarim is unique, as it is written almost entirely in the first person -
in contrast to the first four books of Chumash, which are written in 'third
person'.<BR>[Recall (from when you studied grammar) that speeches are recorded
(or quoted) in first person, while narrative (stories) are usually written in
third person.] </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Therefore, to determine where
each speech begins (and ends), we simply need to scan the book, noting where the
narrative changes from third person (i.e. the regular ‘narrator mode’ of
Chumash) to first person (i.e. the direct quote of Moshe Rabeinu, as he speaks).
<BR> If you have ample time (and patience/ and of course a
Tanach Koren handy), you should first try to do this on your own. On the
other hand, if you are short on time - you can 'cheat' by reading at least
1:1-7, 4:40-5:2, 26:16-27:2, 28:69-29:2, & 30:19-32:1, noting the transition
from third person to first person, and hence where and how each speech
begins.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>INDENTIFYING SPEECH #1<BR> For example, let's
take a quick look at the opening psukim of Sefer Devarim (1:1-7). Note how
the first five psukim are written in third person:<BR>"These are the devarim
(words / speeches) which Moshe spoke to all of Israel... In the fortieth year on
the first day of the eleventh month... in Arvot Mo'av, Moshe began to explain
this Torah saying..." (see 1:1-5);</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>This introduces the speech that begins (in the next
pasuk) with the first sentence of Moshe Rabbeinu's speech:<BR> "God, our
Lord, spoke to us at Chorev saying..." (see 1:6).<BR>[Note how this pasuk, and
those that follow are written in first person.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Then, scan the psukim that follow, noting how
this speech continues from 1:6 all the way until 4:40 (i.e. the next four
chapters). This entire section is written in first person, and hence
constitutes Moshe's opening speech. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>INDENTIFYING SPEECH #2 [the 'main
speech']<BR> In a similar manner, note how the first pasuk of chapter five
introduces Moshe's next speech. Here again, the opening pasuk begins in
third person, but immediately changes to first person, as soon as the speech
begins:<BR>"And Moshe called together all of Israel and said to them [third
person] - Listen to the laws and rules that I tell you today... - [first
person]" (see 5:1).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> Where does this second speech end? If
you have half an hour, you could scan the next twenty some chapters and look for
its conclusion by yourself; otherwise, you can 'take our word' that it continues
all the way until the end of chapter 26! <BR> This observation (even though
it is rarely noticed) will be the key towards understanding Sefer Devarim - for
this twenty chapter long 'main speech' will emerge as the primary focus of the
book!<BR> After this 'main speech', in chapters 27-30 we find two more
short speeches that directly relate to the main speech. Finally, from
chapter 31 thru 34, Sefer Devarim 'returns' to the regular narrative style of
Chumash, as it concludes with the story of Moshe Rabbeinu's final
day.<BR> <BR> The following table summarizes the division
of Sefer Devarim into its four speeches: </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SPEECH #1<BR>Chaps. 1 4 <BR> Introductory
speech<BR>SPEECH #2<BR>Chaps. 5 26<BR> Main speech<BR>SPEECH #3<BR>Chaps.
27 28<BR> Tochacha & Covenant <BR>SPEECH #4<BR>Chaps.
29 30<BR> Teshuva </FONT></DIV>
<DIV> </DIV><FONT face=Arial size=2>
<DIV><BR>THE MAIN SPEECH<BR> As this table indicates, Speech #2 is by far
the longest, so we'll begin our study by trying to figure out its primary
topic. [Afterward, we will show how Speech #1 actually introduces this
main speech.] <BR> To help us identify the primary topic of the main speech
[without the need to read it in its entirety], let's assume that Moshe Rabeinu
will employ the 'golden rule' for an organized speech, i.e. he
will:<BR> (1) 'Say what you're gonna say' -
<BR> (2) 'Say it' - &
then<BR> (3) 'Say what you said.' <BR>[We'll soon see
how Moshe Rabeinu beautifully follows this golden rule in this speech.]</DIV>
<DIV> </DIV>
<DIV> Let's take a careful look at how Moshe's begins this main speech,
noting how he explains to the people what to expect:<BR>"Listen Israel to the
chukim & mishpatim which I am teaching you today, learn them and keep
them..." (5:1).</DIV>
<DIV> </DIV>
<DIV> This 'opener' immediately tells the listener that this speech will
contain chukim & mishpatim [laws and rules] that must be studied and
observed; and indeed that is precisely what we will find (when we will study the
content of this speech). <BR> However, these laws - that we
now expect to hear (based on 5:1) - don't begin in the next pasuk.
Instead, Moshe Rabeinu uses the first section of his speech (chapter five) to
explain how and when these laws (that will begin in chapter six) were first
given. <BR> In other words, instead of beginning his
speech immediately with this set of laws, he will preface these laws by first
explaining why everyone is obligated to keep them (5:2-5), followed by the story
of how he first received them at Har Sinai forty years earlier
(5:20-30).<BR> To appreciate this introductory chapter, and to
understand why it contains a 'repeat' of the Ten Commandments, let's carefully
review its flow of topic.</DIV>
<DIV> </DIV>
<DIV>INTRO TO THE MAIN SPEECH - OBLIGATION & COVENANT <BR>
As his first point, Moshe emphasizes how these laws (that he is about to teach)
were given as an integral part of the covenant between God and Bnei Yisrael at
Har Sinai:<BR>"Hashem made a covenant with us at Chorev. Not [only] with
our forefathers did God made this covenant, but [also] with us - we, the living
- here today..." (5:2-3).</DIV>
<DIV> </DIV>
<DIV> Even though (and because) most of the members of this new generation
were not present at Ma'amad Har Sinai, Moshe must first remind Bnei Yisrael that
their obligation to keep these laws stems from that covenant at Har Sinai (forty
years earlier)! <BR> Recall as well how God had
spoken the Ten Commandments directly to Bnei Yisrael as part of that
covenant. <BR>[Hence - the two tablets upon which they were inscribed are
known as 'luchot ha-brit' - i.e. tablets of the Covenant.] </DIV>
<DIV> </DIV>
<DIV> It is for this reason that Moshe Rabeinu first
reviews the Ten Commandments (in 5:6-19), before he begins his teaching of the
detailed 'chukim 'mishpatim' - for they form the key guidelines of this "brit"'
between God and His nation. Note however that the Ten Commandments are
presented as part of the story of 'how the laws were given' - the detailed laws,
referred to in 5:1, don't begin until chapter six (and continue thru chapter
26).</DIV>
<DIV> </DIV>
<DIV>WHY MOSHE IS TEACHING THE LAWS<BR> Now comes the key
story in this introductory section, for Moshe (in 5:20-30) tells the story of
how Bnei Yisrael immediately became fearful after hearing the 'Dibrot' and asked
Moshe that he become their intermediary to receive the remaining laws. As
we shall see, this story explains when and how the laws (that Moshe is about to
start teaching) were first given. <BR> To clarify this, let's
careful study these psukim, for they will help us understand the overall
structure of the main speech:<BR>"When you heard the voice out of the darkness,
while the mountain was ablaze with fire, you came up to me... and said... Let us
not die, for this fearsome fire will consume us... you go closer and hear all
that God says, and then you tell us everything that God commands, and we will
willingly do it..." (5:20-26).<BR>[Keep in mind that from this pasuk we can
infer that had Bnei Yisrael not become fearful, they would have heard additional
mitzvot directly from God, immediately after these first Ten
Commandments.]</DIV>
<DIV> </DIV>
<DIV> Note how God grants this request (that Moshe should act as their
intermediary) by informing Moshe of His 'new plan:<BR>"Go, say to them: 'Return
to your tents.' But you remain here with Me, and I will give you the
mitzvah, chukim & mishpatim... for them to observe in the land that I am
giving them to possess..." (5:27-28).</DIV>
<DIV> </DIV>
<DIV> Read this pasuk once again, for it is key towards understanding how
the 'main speech' first came about. The mitzvot that Moshe will now teach
(in this speech) are simply the same laws that God had first given to him on Har
Sinai, after Bnei Yisrael asked him to become their
intermediary.<BR> In fact, Moshe himself states this
explicitly in the next set of psukim that clearly introduce this set of
laws:<BR>"And this ('ve-zot') is the mitzvah, chukim & mishpatim that God
has commanded me to teach you to be observed in the land you are about to
enter..." (see 6:1-3).<BR> <BR> Recall from 5:28 that God told
Moshe that he should remain on Har Sinai to receive the mitzvah, chukim &
mishpatim. This pasuk (6:1), explains how Moshe's lecture is simply a
delineation of those mitzvot.</DIV>
<DIV> </DIV>
<DIV>THE ELEVENTH COMMANDMENT<BR> Based on this
introduction (i.e. 6:1-3), we conclude that these laws (that begin with
6:4) are simply those mitzvot that God had given to Bnei Yisrael -
via Moshe Rabbeinu - as a continuation of the Ten Commandments at Ma’amad Har
Sinai. If so, then the first mitzvah of this special unit of laws is none
other than the first parshia of 'kriyat shema':<BR>"Shema Yisrael, Hashem
Elokeinu Hashem Echad, ve-ahavta... ve-hayu ha-devarim ha-eileh..." (see
6:4-7).<BR>[This can help us appreciate why this parsha is such an important
part of our daily prayers - to be discussed in our shiur on
Va'etchanan.]<BR> This first parshia of kriyat shema begins a lengthy list
of mitzvot (and several sections of rebuke) that continues all the way until
Parshat Ki Tavo (i.e. chapter 26). <BR>[That is why this speech is better
known as 'ne'um ha-mitzvot' – the speech of commandments. Just try
counting how many mitzvot are indeed found in these 21 chapters - you'll find
plenty!] </DIV>
<DIV> </DIV>
<DIV> Note as well that after the first two cardinal mitzvot -
belief in God and the commandment to love Him with all your heart - we find a
statement that serves as yet another introduction to the mtizvot that will now
follow:<BR>"ve-hayu ha-devarim ha-eileh..." - And these words [clearly,
this refers to the laws that will now follow in the speech] that I am
teaching you today must be kept in your heart - (see 6:6-7)</DIV>
<DIV> </DIV>
<DIV> We will soon return to discuss this pasuk in greater
detail; however, we must first clarify an important point. Even though the
core of this speech consists of the mitzvot that Moshe initially received at Har
Sinai, it is only natural that Moshe Rabbeinu will add some comments of his own,
relating to events that have transpired in the interim. [See, for example,
chapters 8->9.] Nonetheless, the mitzvot themselves were first given
forty years earlier. <BR> Furthermore, as the psukim quoted
above explain, these mitzvot share a common theme - for they all apply to Bnei
Yisrael's forthcoming entry into the Land of Israel (see 5:28 & 6:1).
[In next week's shiur we will discuss how these mitzvot divide into two
distinct sections, the mitzva section (chapters 6 thru 11) and the chukim
u-mishpatim section (chapters 12 -26).]</DIV>
<DIV> </DIV>
<DIV>WHEN THIS SPEECH WAS FIRST GIVEN<BR> So when did Bnei Yisrael first
hear these mitzvot? <BR> If they were given at Har
Sinai, then certainly Moshe should have taught them to the people at that
time. <BR> The answer to this question is found in
Parshat Ki Tisa. There, in the story of how Moshe descended from Har Sinai
with the second luchot, the Torah informs us:<BR>"And it came to pass, when
Moshe came down from Mount Sinai with the two tables of the testimony in his
hand... and afterward all the children of Israel came near, and he
[Moshe] commanded them all of the laws that God had spoken with him on Mount
Sinai. <BR> (See Shmot 34:29-32) <BR>
<BR> Clearly, Moshe had already taught these laws to Bnei
Yisrael when he came down from Har Sinai. Yet, Sefer Shmot only tells the
story of when Moshe first taught them, but doesn't record all of the actual laws
that he both received and taught at that time. Instead, the Torah prefers
to record some of those laws in Sefer Devarim, others in Sefer Bamidbar, and
others in Sefer Vayikra. <BR> In other words, Moshe Rabbeinu
reviews an entire set of laws in Sefer Devarim; laws that he had already taught
to the first generation when they were encamped at Har Sinai. Hence, the laws in
Sefer Devarim are indeed a review of a set of laws that Bnei Yisrael had already
received. However, they are not a review of the laws that Chumash had
already recorded. <BR>[This point clarifies why so many people misunderstand
what is meant when Sefer Devarim is referred to as a 'review of laws'. It
is indeed a review of laws that Moshe Rabeinu had already taught Bnei Yisrael,
but it is not a review of the first four books of
Chumash.]<BR> <BR> One could also suggest a
very logical reason for why the Torah preferred to record these laws in Sefer
Devarim, rather than in Sefer Shmot. As we shall see, these mitzvot will
focus on how Bnei Yisrael are to establish their nation in the Land of Israel
(see 5:28 and 6:1/ 'la'asot ba-aretz' - to keep in the land). Hence, the
Torah prefers to record them as they were taught by Moshe to the second
generation - who would indeed enter the land; and not as they were given to the
first generation - who sinned, and hence never entered the land.</DIV>
<DIV> </DIV>
<DIV> This background will now help us understand why Chazal refer to this
Sefer as "Mishneh Torah", and why this name is so commonly misunderstood.
While doing so, we will also explain the 'simple meaning' of the famous psukim
of kriyat shema that we recite every day.</DIV>
<DIV> </DIV>
<DIV>MISHNEH TORAH<BR> Let's return to the opening psukim of kriyat shema
(6:4-8), which form the opening set of commandments that Moshe first received on
Har Sinai (to relay to Bnei Yisrael) - soon after the Ten Commandments were
given to the entire nation. <BR> Moshe begins this set of laws with
an opening statement that reflects a tenet of faith: <BR>
"shema Yisrael Hashem Elokeinu Hashem Echad" (6:4) <BR>
<BR> This is followed by the most basic mitzva regarding
attitude, which in essence is a way of life for every jew:<BR>
"ve-ahavta ..." - to love God with all your heart... (see 6:5), </DIV>
<DIV> </DIV>
<DIV> Then, Moshe introduces the laws that he now plans to
teach in a very interesting manner:<BR>"ve-hayu ha-devarim ha-eileh...<BR>
- And these words [i.e. laws that will now follow] <BR>that I am teaching you
today must be kept in your heart - ve-shinantam - and you must repeat them
(over and over) to our children and speak about them constantly, when at home,
when you travel, when you lie down and when you get up..." (see 6:5-8).</DIV>
<DIV> </DIV>
<DIV> Note the Hebrew word 've-shinantam' - which means more than simply to
teach, but rather to 'repeat' [from the 'shoresh' (root) -' leshanen'
[sh.n.n.]. Moshe instructs the nation that these forthcoming laws (i.e.
the laws of the main speech of Sefer Devarim), need not only to be taught, but
they also require constant repetition!<BR> Thus, the word
'mishneh' - in the phrase "mishneh Torah" also stems from this same root -
"l'shanen" - to repeat. Hence, the name "Mishneh Torah" implies a set of
laws that require constant repetition! <BR> This explains the
confusion in regard to the meaning of this alternate name for Sefer
Devarim. Mishneh Torah does not imply that Sefer Devarim is a repeat (or
review) of what has been written in Chumash thus far; rather, it refers to a
special set of laws that requires constant repetition - i.e. when we sit in our
homes etc. / see 6:6-7,<BR> In other words, the mitzvot of the main speech
of Sefer Devarim are special, insofar as they must be constantly repeated and
taught ('ve-shinantam'), as its name - Mishneh Torah - implies. In fact,
we fulfill this mitzva each day by reciting the first two parshiyot of kriyat
shma. <BR> Further proof of this interpretation is found in the sole pasuk
in Sefer Devarim that contains the phrase mishneh Torah, in regard to the King
in Parshat Shoftim:<BR>"And when the King is seated on his royal throne, he must
write this mishneh ha-torah in a book... and it must be with him and he must
read from it every day of his life, in order that he learns to fear God..." (see
17:18 19).</DIV>
<DIV> </DIV>
<DIV> Clearly, in this context, the term "Mishneh Torah" does not refer to
a repeat of earlier laws, but rather to a set of laws that need to be
repeated.<BR>[Similarly, the word 'mishna' (as in Torah she-ba'al peh) has the
same meaning. The mishnayot require 'shinun'; they must be repeated over
and over again - hence they are called Mishna.]</DIV>
<DIV> </DIV>
<DIV>BACK TO PARSHAT DEVARIM<BR> This interpretation can help us understand
the opening psukim of Sefer Devarim - which otherwise appear to be rather
cryptic. Before we continue, it is suggested that you read Devarim 1:1-2,
noting the difficulty of its translation.<BR>"These are the devarim that Moshe
spoke to Bnei Yisrael in Transjordan, in the desert, in the Arava, opposite Suf,
between Paran and Tofel, and Di Zahav" (1:1).</DIV>
<DIV> </DIV>
<DIV> First of all, what does the word devarim refer to:<BR> the
entire book? - the first speech? - all the speeches?<BR> It's not
clear. Secondly, what is the meaning of this long list of
places?<BR> The location of 'ever ha-yarden' [Transjordan] makes sense, for
Bnei Yisrael are now encamped there (see 1:5); but the remaining list of places
- ba-midbar, ba-arava, mul suf, bein paran u-tofel etc. - seems to be totally
disjoint from the first half of this pasuk.<BR> Are these many places, or
just one place? What happened at all of these places? Again, it is
not clear. <BR> The next pasuk is even more enigmatic!<BR>"Eleven
days from Chorev, via Mount Se'ir, until Kadesh Barnea" (1:2).<BR> This
pasuk doesn't even form a complete sentence. What does it describe?
What does it have to do with the previous pasuk? <BR> Nonetheless, the next
pasuk appears to be quite 'normal', and could easily have been the opening verse
of the book:<BR>"And it came to pass in the fortieth year on the first day of
the eleventh month, Moshe spoke to Bnei Yisrael in accordance with the
instructions that God had given him for them [after he had defeated Sichon…]"
(1:3-4).</DIV>
<DIV> </DIV>
<DIV> This third pasuk seems to form an introduction to Moshe's
speech. But this only strengthens our questions on the first two
psukim. Why doesn't the Sefer just begin with the third
pasuk?<BR> Indeed, one who never studied Sefer Devarim should find himself
terribly confused when reading these psukim. However, based on our shiur,
it is possible to suggest a very simple explanation (that will find support in
Ibn Ezra and Ramban as well).</DIV>
<DIV> </DIV>
<DIV>A SUPER INTRO<BR> Recall how the main speech (i.e. ne'um ha-mitzvot /
chapters 5-26) forms the focal point of Sefer Devarim, including a lengthy set
of mitzvot that Bnei Yisrael must keep as they enter the Land of Israel.
As we explained, Moshe had first taught these mitzvot to Bnei Yisrael when he
came down from Har Sinai with the second luchot (see Shmot 34:32).
However, since these laws require constant repetition [mishneh torah], it would
only make sense that Moshe would have taught them numerous times.
<BR> Recall as well that the Torah uses this very same word 'ha-devarim' to
introduce the mitzvot of the main speech / see 6:6 -'ve-hayu ha-devarim ha-eileh
asher anochi metzaveh…" <BR> Therefore, one can assume that the phrase
'eileh ha-devarim' (in 1:1) refers to the same mitzvot that 've-hayu ha-devarim'
refers to in 6:6) i.e. to the mitzvot of the main speech! <BR> If so, then
the first pasuk of the Sefer introduces this main speech! Hence, the first
two psukim of Sefer Devarim can be understood as follows:<BR>"These are the
devarim [i.e. the mitzvot of the main speech] that Moshe delivered in Arvot
Mo'av, [just as he had already delivered a similar speech in] the midbar, and
arava, opposite suf, between Paran and Tofel, and at Di-zahav.
[Furthermore, these mitzvot were also taught by Moshe to Bnei Yisrael during]
their eleven day journey from Har Chorev to Kadesh Barnea." [Then] in the
fortieth year... Moshe taught these laws (one last time] after the defeat of
Sichon..." (see Devarim 1:1-4) <BR> [See commentary of
Ibn Ezra on 1:1-2.]</DIV>
<DIV> </DIV>
<DIV> This explanation fits in beautifully with both Ibn Ezra's &
Ramban's interpretation of the word "devarim" in the first pasuk of Sefer
Devarim, as both commentators explain that the word "devarim" refers
specifically to the mitzvot that Moshe will teach later on in the main
speech.<BR>[Ramban explains that these devarim begin with the Ten commandments
(i.e. from chapter 5), while Ibn Ezra explains that they begin with the chukim
& mishpatim in Parshat Re'eh (see 12:1). The underlying reason for
this controversy will be explained in our shiur on Parshat Va-etchanan.
The reason why Rashi explains that devarim refers to the 'rebuke' will be
discussed in our shiur on Parshat Ekev.]</DIV>
<DIV> </DIV>
<DIV> When we consider this setting, the Torah's emphasis in the second
pasuk on the eleven day journey from Har Sinai to Kadesh Barnea becomes quite
significant. Recall, that this eleven day journey was supposed to have
been Bnei Yisrael's final preparation before conquering the land (had they not
sinned)! As such, Moshe found it necessary to teach and review these
important laws several times during that journey. [Again, see Ibn Ezra
inside.]<BR> Now, in the fortieth year on the first day of the eleventh
month, Bnei Yisrael find themselves in a very similar situation - making their
final preparations for the conquest of the land. Therefore, Moshe gathers
the people in Arvot Mo'av to teach and review these mitzvot one last
time.<BR> In this manner, the first four psukim of Sefer Devarim actually
form the introduction to the main speech (chapters 5-26).
<BR> However, before Moshe begins that main speech, he first makes an
introductory speech that is introduced by 1:5 and continues until 4:40.
That speech will be discussed iy"h in our next shiur (on Parshat
Devarim).<BR> Untill then, <BR> shabbat
shalom<BR> menachem</DIV>
<DIV> </DIV>
<DIV>======================<BR>FOR FURTHER IYUN<BR>A. FROM HAR SINAI TO
SEFER DEVARIM <BR> In our shiur, we showed how the main body of Sefer
Devarim contains the mitzvot that Moshe Rabbeinu originally received on Har
Sinai. However, Moshe received many other mitzvot on Har Sinai.
Therefore, it appears that even though Moshe received all of the mitzvot on Har
Sinai, each book of Chumash focuses on a different category. Therefore,
the important question becomes - what characterizes the mitzvot found in other
books of Chumash? Or, more directly, on what basis were the mitzvot
distributed among the five books?<BR> To answer this question, we simply
need to review our conclusions from previous shiurim.<BR>
First of all, let's review the main themes of each Sefer that we have found thus
far:<BR>* BREISHIT - God's creation of the universe and His choice of Avraham
Avinu and his offspring to become His special nation.<BR>* SHMOT - The Exodus of
Am Yisrael from Egypt; their journey to Har Sinai; Matan Torah; chet ha-egel,
and building the mishkan.<BR>* VAYIKRA - Torat kohanim, the laws relating to
offering korbanot in the mishkan, and various other laws that help make Am
Yisrael a holy nation.<BR>* BAMIDBAR - Bnei Yisrael's journey from Har Sinai
(with the mishkan at its center) towards the Promised Land; and why they didn't
enter the Land.</DIV>
<DIV> </DIV>
<DIV> With this in mind, let's see how the laws in Sefer
Devarim may relate to what we have found thus far.<BR> Recall that God's
original intention was to take Bnei Yisrael out of Egypt, bring them to Har
Sinai (to receive the Torah), and then immediately bring them to Eretz Canaan,
where these mitzvot are to be observed.<BR> At Har Sinai, Bnei Yisrael
entered into a covenant and heard the Ten Commandments. As we explained,
they should have received many more mitzvot after hearing the first Ten
Commandments. However, they were overwhelmed by the awesome experience of
Ma’amad Har Sinai and thus requested that Moshe act as their
intermediary.<BR> It is difficult to ascertain the exact chronological
order of the events following their request. However, by combining the
parallel accounts of this event in Sefer Shmot (see 20:15-21:1, & 24:1-18)
and Sefer Devarim (see chapter 5), we arrive at the following
chronology:<BR> * On the day of Ma'amad Har Sinai, God gives Moshe a
special set of laws, better known as Parshat Mishpatim (i.e. 20:19-23:33), which
Moshe later conveys to Bnei Yisrael (see 24:3-4). Moshe writes these
mitzvot on a special scroll ['sefer ha-brit' (see 24:4-7)], and on the next
morning he organizes a special gathering where Bnei Yisrael publicly declare
their acceptance of these laws (and whatever may follow). This covenant is
better known as 'brit na'aseh ve-nishma'. [See 24:5-11. We have
followed Ramban's peirush; Rashi takes a totally different approach. See
Ramban 24:1 for a more detailed presentation of their
machloket.]<BR> * After this ceremony, God summons Moshe to Har Sinai
to receive the luchot & additional laws ['ha-Torah v-hamitzva'; see
24:12-13], and so Moshe remains on Har Sinai for 40 days and nights to learn
these mitzvot. It is not clear precisely to what 'ha-Torah ve-hamitzva'
refers, but we may logically assume that it is during these 40 days when Moshe
receives the mitzvot he later records in Sefer Devarim. [Note the use of
these key words in the introductory psukim of Sefer Devarim: Torah in Devarim
1:5, 4:44; ha-mitzva in 5:28 & 6:1.]<BR>[Moshe most likely received many
other mitzvot as well during these forty days, possibly even the laws of the
mishkan. (see famous machloket between Rashi & Ramban - and our shiur
on Parshat Teruma.)]</DIV>
<DIV> </DIV>
<DIV> * As a result of chet ha-egel, the original plan to immediately
conquer the land of Israel requires some modification. Consequently, we
never find out precisely which mitzvot were given to Moshe during the first
forty days and which were transmitted during the last forty days. Either
way, Bnei Yisrael themselves do not hear any of these mitzvot until Moshe
descends with the second luchot on Yom Kippur (see Shmot 34:29-33). At
this point, Moshe teaches Bnei Yisrael all the mitzvot he had received, though
they are not recorded at that point in Sefer Shmot (see again Shmot
34:29-33).<BR> * During the next six months, Bnei Yisrael build the
mishkan and review the laws they had just received from Moshe. Once the
mishkan is built in Nissan and the korban Pesach is offered (in Nissan &
Iyar), Bnei Yisrael are ready to begin their ‘11 day journey from Har Sinai to
Kadesh Barnea', the excursion that was to have begun their conquest of the
land. Instead, the people fail with the incident of the meraglim, and the
rest is history.<BR> This background can help us appreciate how the mitzvot
are divided up among the various sefarim of Chumash, even though most all of
them were first given to Moshe at Har Sinai, or at the Mishkan in Midbar
Sinai.<BR> Let's discuss them, one book at a time:<BR>SHMOT<BR> Sefer
Shmot records the Ten Commandments and Parshat Mishpatim since they comprise an
integral part of Ma'amad Har Sinai, i.e. the covenantal ceremony in which Bnei
Yisrael accept the Torah. Although Sefer Shmot continues with the story of
Moshe's ascent to Har Sinai, it does not record the specific mitzvot that he
received during those forty days! Instead, the remainder of Sefer Shmot
focuses entirely on those mitzvot relating to the atonement for chet ha-egel
(34:10-29) and the construction of the mishkan (chapters 25-31, & 35-40 /
plus the laws of Shabbat which relate to building the mishkan).<BR> The
exclusive focus on these laws at the end of Sefer Shmot is well
understood. The theme of the second half of Sefer Shmot revolves around
the issue of whether or not God's Shchina can remain within the camp of Bnei
Yisrael. Whereas the mishkan provides a solution to this dilemma, its
taking center-stage in the latter part of Sefer Shmot is to be expected.
[See Ramban’s introduction to Sefer Shmot, ve-akmal.]<BR> What about the
rest of the mitzvot transmitted to Moshe on Har Sinai?<BR> As we will see,
some surface in Sefer Vayikra, others in Sefer Bamidbar, and the main group
appears in Sefer Devarim!<BR>VAYIKRA<BR> Even though Sefer Vayikra opens
with the laws given from the ohel mo'ed (see 1:1), many of its mitzvot had
already been presented on Har Sinai. This is explicit in Parshat Tzav (see
7:37-38); Parshat Behar (see 25:1); and Parshat Bechukotai (see 26:46 &
27:34). Certain parshiyot of mitzvot such as Acharei Mot obviously must
also have been given from the ohel mo'ed, but there is good reason to suggest
that many of its other mitzvot, such as Parshat Kedoshim, were first given on
Har Sinai.<BR> So why are certain mitzvot of Har Sinai included in Sefer
Vayikra? The answer is quite simple. Sefer Vayikra is a collection
of mitzvot dealing with the mishkan, korbanot and the kedusha of Am
Yisrael. Sefer Vayikra, better known as torat kohanim, simply contains all
those parshiyot that contain mitzvot associated with its theme. Some were
given to Moshe on Har Sinai, while others were transmitted from the ohel
mo'ed. [See previous shiurim on Sefer Vayikra for more detail on this
topic.]<BR>BAMIDBAR<BR> Sefer Bamidbar, we explained, is primarily the
narrative describing Bnei Yisrael's journey from Har Sinai towards Eretz
Canaan. As we explained in our shiurim on Sefer Bamidbar, that narrative
is 'interrupted' by various parshiyot of mitzvot, which seem to have belonged in
Sefer Vayikra. [For example: nazir, sota, challa, nsachim, tzitzit, tum'at
meit, korbanot tmidim u-musafim, etc.] These mitzvot were probably first
given to Moshe on Har Sinai (or some possibly from the ohel mo'ed, as
well). Nonetheless, they are included in Sefer Bamidbar because of their
thematic connection to its narrative.<BR>DEVARIM<BR> Now we can better
understand Sefer Devarim. The books of Shmot, Vayikra, and Bamidbar
contained only a limited sampling of the mitzvot that God had given to Moshe on
Har Sinai, each Sefer recording only those mitzvot related to its theme.
Sefer Devarim, as it turns out, is really our primary source of the mitzvot
taught to Moshe on Har Sinai. As we explained above, this is exactly what
chapter 5 indicates. [Recall that chapter 5 is the introductory chapter of
Moshe's main speech, the presentation of the mitzva, chukim &
mishpatim.]<BR> Expectedly, these mitzvot of Har Sinai recorded in Sefer
Devarim are presented in an organized fashion and share a common theme. To
identify that common theme, let's take a look once again at the introduction to
this collection of mitzvot:<BR>"And this ('ve-zot') is the mitzva, chukim &
mishpatim that God has commanded me to teach you to be observed in the land
which you are about to enter..." (6:1-3 / see also 5:28). </DIV>
<DIV> </DIV>
<DIV> The mitzvot of Moshe's main speech are simply a guide for Bnei
Yisrael’s conduct as they conquer and settle the land. [As we study the
Sefer, this theme will become quite evident.] Therefore, practically
speaking, this speech contains the most important mitzvot that Bnei Yisrael must
follow as they enter the Land and establish their society. As these laws
are so important, they must be studied 'over and over' again [= mishneh
Torah].<BR> Hence, it is only logical that Moshe decides to teach these
mitzvot at a national gathering (as he is about to die and Bnei Yisrael are
about to enter the Land). This also explains why these mitzvot will be
taught once again on Har Eival, after Bnei Yisrael cross the Jordan (see Devarim
chapter 27), and then again thereafter, once every seven years at the hakhel
ceremony (see 31:9-13; notice the word Torah once again!).</DIV>
<DIV> </DIV>
<DIV>B. BETWEEN THE NARRATIVES IN DEVARIM & BAMIDBAR<BR> This
understanding of the purpose and theme of each sefer helps explain the many
discrepancies between the details of various events as recorded in Shmot and
Bamidbar, and their parallel accounts in Sefer Devarim. (A classic example
is chet ha-meraglim.) Neither book records all the details of any
particular event; instead, each sefer records the events from the unique
perspective of its own theme and purpose.<BR> In the shiurim to follow,
this understanding of the nature of Sefer Devarim will guide our study of each
individual Parsha. Our shiur on Parshat Devarim (to follow) will be a
direct continuation of this shiur. Till then, <BR> <BR>C. TORAH
SHE-BA'AL PEH<BR> In the above shiur, we showed how the various mitzvot
that Moshe received on Har Sinai are distributed among the various sefarim of
Chumash, based on the theme of each Sefer. What about the mitzvot which
Moshe received on Har Sinai that, for one reason or other, 'never made it' into
Chumash? One could suggest that this is what we call 'halacha le-Mosheh
mi-Sinai' in Torah she-ba'al peh (the Oral Law). This suggestion offers a
very simple explanation of how the laws that Moshe received on Har Sinai are
divided up between the Oral Law and the Written Law. Based on our shiur,
that Moshe must have received many other laws on Har Sinai which were not
included in any sefer in Chumash is almost pshat!<BR> Obviously, the
division between what became the Oral Law and the Written Law was divinely
mandated and not accidental. Our above explanation simply makes it easier
to understand how this division first developed. It also helps us
understand why Torah she-ba'al peh is no less obligatory than Torah
she-bichtav.<BR>[See also Ibn Ezra to Shmot 24:12, re:"ha-Torah ve-hamitzva...,"
which may refer to the Written and Oral Laws.]</DIV>
<DIV> </DIV>
<DIV> Furthermore, the prominent view in Chazal that all the
mitzvot were first given on Har Sinai, repeated from the ohel mo'ed, and then
given one last time at Arvot Mo'av. Our discussion shows how this
statement actually reflects the 'simple pshat' in Chumash, once one pays
attention to the story that Moshe tells as he begins his main speech in Sefer
Devarim! </DIV>
<DIV> </DIV>
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