[Par-reg.w] For Parshat Veetchanan

[Menachem Leibtag]

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
In Memory of Rabbi Abraham Leibtag
Shiurim in Chumash & Navi by Menachem Leibtag
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for PARSHAT VA-ETCHANAN & EKEV

The first two parshiot of 'kriyat shema' surround us each and every day of
our lives.  In the following shiur, as we begin our study of the main
speech of Sefer Devarim, we'll explain why these two 'parshiot' are so
important,
[This shiur will also serve as a continuation to our introductory shiur on
Sefer Devarim, as it discusses in greater detail the overall structure of
the main speech.]
INTRODUCTION
Our introductory shiur on Sefer Devarim discussed how the first 26 chapters
of Sefer Devarim divide into two speeches:
1.  The introductory speech (chapters 1-4);
- explaining why forty years have passed, followed by a short 'pep-talk' to
prepare the nation for their conquest of the land, and the laws that
they'll need to keep.
2.  The main speech (chapters 5-26);
- in which Moshe reviews the actual set of laws (originally given at Har
Sinai) that Bnei Yisrael must keep as they establish their nation after
they conquer the Land, adding some 'rebuke' as he reviews them.

The following shiur will focus more directly on the internal structure of
this main speech, showing how and why its commandments neatly divide into
two distinct sections:

SETTING THE FRAMEWORK
    Recall how Moshe Rabbeinu began his main speech with the story of how
and when these mitzvot (which he is about to teach) were first given (see
5:1-28).  In that story, we find an important detail that will help us
understand why this speech divides into two sections.
    As you review that story, pay careful attention to God's response to
the people's request that Moshe should teach them laws, instead of hearing
them directly from God:
"Go say to them: 'Return to your tents', but you [Moshe] remain here with
Me and I will transmit to you:
- the mitzva & the chukim u-mishpatim -
which you shall teach them..."  (see 5:27-28).

Note the key phrases "ha-mitzva" & "chukim u'mishpatim" in this pasuk.  As
we continue our study of Sefer Devarim we will show how often these two
phrases are repeated, and how they will introduce the two key sections of
main speech:
    A) - ha-mitzva   [chapters 6 to 11]
    B) - chukim & mishpatim  [chapters 12-26]

    To see how this develops, we must carefully follow the continuation of
Moshe's speech (from this point).
    Now that Moshe has told the story of how he received these laws, he is
now ready to teach them, but first - he interjects a few words of
encouragement concerning their importance:
" You shall keep [these laws] to do them as God has commanded you....in all
the way which God has commanded you, in order that you may live and be
well, and prolong your days in the land which you shall possess" (5:29-30).

    At this point, Moshe is finally ready to 'tell over' those laws which
he received on Har Sinai, as he explained in 5:28.  Note Moshe's next
remark:
    "ve-zot ha-mitzva, ha-chukim ve-hamishpatim..."
"And this is the mitzva and the chukim u-mishpatim that God had commanded
me to teach you to observe on the land which you are about to inherit"
 (6:1).

Compare this pausk with 5:28, noting how Moshe refers once again to this
very same phrase- 'ha-mitzva, chukim & mishpatim'.  Clearly, 6:1 serves as
the introduction [note the word 'zot'] to the mitzvot that he will now
teach.
    Even though the mitzvot should begin in the next pasuk, Moshe once
again grabs this opportunity to explain their importance:
"[Keep these laws] so that you will fear the Lord your God, to keep all His
statutes and commandments, which I command you... so that your days may be
prolonged.  Hear therefore, O Israel, and observe them - so that you will
prosper... as God has promised you - in the land flowing with milk and
honey"  (see 6:2-3).

THE OPENING STATEMENT
    With these introductory comments finally complete, Moshe is now ready
to begin the mitzvot themselves - which begin with the famous pasuk of:
    "shema Yisrael, Hashem Elokeinu, Hashem echad" (6:4).

Now we can appreciate why this pasuk is so important, for it serves as the
opening statement that begins that entire set of laws that continues
through chapter 26.
Even though we all know this pasuk by heart, it's not so simple to
translate - for it is not clear whether it is making two points, i.e.
(1) Hashem is OUR God  [and nobody else's]
(2) Hashem is ONE  - i.e. He is the ONLY God

Or, if it is making only one point, that:
(1) Hashem WHO is our God - He is the ONLY God

The difference between these two translations is immense.  The first
implies that 'our God' is the best; sort of like - we have the true God,
and every other religion is wrong.  The second implies that the God who we
have a special covenant with - He is the only God - hence it becomes
incumbent upon us to represent him properly.
    In the context of Sefer Devarim, the second understanding makes much
more sense - for this opening statement of the law section is thematically
linked to Moshe Rabeinu's introductory statement - at the beginning of this
speech:
"Hashem Elokeinu karet imanu brit b'Chorev"
  [Hashem, our God make a covenant with us at Mount Horev /=Mount Sinai]
(see 5:2)

Therefore, it makes sense that "Hashem Elokeinu" (in 6:4) relates to that
same theme.  If so, then Moshe is prefacing the laws that will follow with
an important statement explaining why it is so important for the nation to
keep these laws.  The God with whom Am Yisrael has joined in covenant [to
represent Him as a nation] - He is the only God - and hence, these laws
must be kept meticulously.
    Recall as well that Moshe had made a similar statement - relating to
this same theme - earlier in his first speech (in chapter four), when he
explained their underlying purpose:
"See [comprehend] that I am teaching you [in the speech that will follow]
chukim u-mishpatim that God had commanded me to teach you to observe on the
land which you are about to inherit [compare with 6:1]
    Observe them & keep them; for this is your wisdom and your
understanding in the eyes of other nations, so that when they hear all
these laws, shall say: 'Surely this great nation is a wise and
understanding people.'  For what great nation is there, that had God so
close to them, as Hashem our God when ever we call upon Him... (see 4:5-8)

THE FIRST LAW
This most basic principle of faith and purpose - of "Hashem Elokeinu Hashem
Echad" - is followed by one of the most important mitzvot - for it is a law
that relates to one's overall attitude toward serving God and keeping His
laws:
"And thou shalt love the Lord thy God with all your heart, and all your
soul... And these words [i.e. the laws of the main speech] which I command
thee this day, shall be upon thy heart.  And you shall teach them
repeatedly to your children, and speak about them..."  (see 6:5-7).
  [Review 6:4-6, noting how they introduced by 6:1-3.]
    From this point on, we find a complete set of laws, interspersed with
many words of rebuke, which continue all the way until the end of chapter
26.
[This overall structure was discussed in last week's shiur, but it is
recommended that you take a few minutes to scan through chapters 6 thru 26
to verify this point.]

THE TWO SECTIONS
    These laws cover a ride range of topics; however, we will now show how
they divide into two distinct sections.  To explain why, let's return to
the key phrase, which was repeated in 5:28 and 6:1, that sets the stage for
this division.
    "ve-zot ha-mitzva, ha-chukim ve-hamishpatim..."
"And this is the mitzva and the chukim u-mishpatim that God had commanded
me to teach you..."  (6:1).

    We posit that this entire speech divides into two sections,
corresponding to these two headers:
A) the Ha-mitzva section - chapters 6-11
[Parshiot Va-etchanan thru Ekev]
B) the Chukim & Mishpatim section - chapters 12-26
[Parshiot Re'eh, Shoftim, Ki Tetzeh, & Ki Tavo]

    To explain how this division works, let's start with the unit that is
easy to identify.

'HEADERS' & 'FOOTERS'
    Towards the beginning of Parshat Re'eh, we find a short introduction to
a specific set of laws that is clearly referred to as 'chukim
u-mishpatim'.  To verify this, review these psukim:
"For you are about to pass over the Jordan to go in to inherit the land
which God is giving you... [There] you shall observe to keep all these
chukim & mishpatim that I set before you this day"  (see 11:31-32).
"These are the chukim & mishpatim that you are to keep in the land which
God gave to your forefathers..." (see 12:1).

    As you review chapter 12, note how this opening pasuk (12:1) introduces
a lengthy list of laws that Bnei Yisrael must keep upon entering the land -
which continues on all the way until the end of chapter 26!
    To 'balance' this 'header', towards the end of the speech we find
another special pasuk that forms a very appropriate summary (what we refer
to as a 'footer') for this entire unit:
"On this day, God is commanding you to keep these chukim & mishpatim, keep
them with all your heart... " (see 26:16).
[Again, if you have time, scan chapters 12 thru 26, noting how there are no
'new headers' in the interim.  Note also how many parshiot begin with the
word 'ki' [when/if] and  'lo' [do not...], typical for a set of laws (just
as we found in the set of laws in Parshat Mishpatim)!]

It was rather easy to identify this matching 'header' and 'footer' for the
"chukim u-mishpatim" section.  Now, we must work 'backwards' to identify
the less obvious 'header' & 'footer' for the 'ha-mitzva' section.

Let's start by taking a closer look at the pasuk that opens the mitzvot of
the main speech (as we explained above, i.e. 6:4):
"Hear o Israel, the Lord is our God... and you shall love God with all your
heart and all your soul... and these instructions which I 'metzaveh'
[command] you today, teach them to your children..." (see 6:4-6).

This paragraph certainly sounds like an introduction to a set of mitzvot.
But to understand what makes this unit special, we consider its opening
commandment - to love God ['ahavat Hashem' / see 6:5].
    Recall that the Torah refers to this unit as "ha-mitzva" - which
implies the mitzva - or possibly the most important mitzva!  [In Hebrew
grammar, this type of 'heh' is known as 'heh ha-yedi'a' - which stresses
the word that follows.]
    We posit that the Torah refers to the commandment of 'ahavat Hashem' as
- ha-mitzva  - for it is the [most important] mitzvah.
Note as well how the phrase that follows the mitzva of ahavat Hashem is:
"ve-hayu ha-devarim ha-eileh asher anochi metzaveh etchem..."]

    Thus, we conclude that the 'header' for the ha-mitzva section is 'shema
Yisrael... ve-ahavta...'; now we must locate its 'footer'.
As we would expect to find the 'footer' before the next section begins,
let's take a look towards the end of chapter 11.
    At the conclusion of Parshat Ekev we find a very 'worthy candidate' for
a closing pasuk for this section:
"If, then, you faithfully keep – ha-mitzva ha-zot - that I command you, to
love God... to follow His laws and to attach yourselves to Him.  Then I
will help you conquer the Land..."  (see 11:22-25, noting its context!).

Here, not only do we find our key word – ha-mitzva, but the same context as
well in regard to ahavat Hashem - loving God.  Furthermore, this section
serves as an appropriate summary, for here the Torah promises should Bnei
Yisrael keep the proper attitude of ahavat Hashem, then God will surely
assist them with the conquest of the Land.
[As you review 11:26-30, notice how these psukim form a small 'buffer'
between these two sections, as the chukim u-mishpatim clearly begin with
11:31-32 which lead right into 12:1. / Note as well how the chapter
division seems to have missed this rather obvious point.]

Up until now, we have found textual support for dividing the mitzvot of the
main speech into two distinct sections.  Now, we must find the primary
theme of each section by examining their contents.

SECTION #1 - HA-MITZVA: 'Ahavat Hashem'
The theme of the ha-mitzva section is quite easy to identify, for its
opening pasuk - as the famous pasuk of 'Shma Yisrael' says it all:
"Shma Yisrael... and you shall love the Lord your God with all your heart
and soul... and these laws which I "metzaveh" - command you this day..."
(see 6:4-6).

Note how this general theme of 'to love God in every walk of life'
continues in each subsequent parshia which follows.
For example:
 * Upon conquering the land, you may inherit an entire city with houses
already built and vineyards already planted, etc.  Don't let this affluence
cause you to forget God... (6:10-15).
 * When your children (who did not go through the desert experience) will
ask you why we have to keep all these mitzvot, remind them and teach them
about all the events of Yetziat Mitzrayim... (6:20-25).
 * When you conquer your enemy, don't intermarry! etc. (7:1-5).
 * If you become fearful of your enemy, don't worry, remember what God did
to Mitzrayim, He can help you as well. (7:17-25).
 * Don't act in a rebellious manner as your forefathers did in the desert
(see chapters 8-10).
 * As Eretz Canaan does not have a constant water source (like the Nile in
Egypt), you will be dependent on the rainfall in this new land.  Therefore,
recognize that it is God who gives you rain (and not any other god / see
11:10-15).

In fact, when we examine this unit more carefully, we find that these
mitzvot simply apply this theme of "ahavat Hashem" [the love of God] to the
various situations which will arise as Bnei Yisrael will enter the land.
To verify this, see 6:10,18; 7:1,13,16,22; 8:1,7; 9:1,4-6; 11:10-12,13-17,
& 22-25!

Furthermore, note how the concluding parshia of this section promises Bnei
Yisrael with a reward, should they indeed follow God with the proper
attitude:
"If, then, you faithfully keep – ha-mitzva ha-zot - that I command you, to
love God.... to follow His laws... then God will help you conquer these
nations... every foot step that you take will become your land [to its
widest borders].  No man shall stand up against you..."  (see 11:22-25).

This promise forms an appropriate conclusion to this ha-mitzva section, as
God promises Bnei Yisrael His assistance in their conquest of the land,
should they indeed keep the proper attitude towards Him.
And for a finale, the final psukim of chapter 11 (see 11:26-30) conclude
this section by promising a blessing or a curse on the land, depending if
Bnei Yisrael will continue to keep this "ha'mitzvah", once they settle the
land.
[Note how the topic of this buffer section in 11:26-30 continues in chapter
27 (after the main speech is over); iy"h, we'll deal with this structure in
the shiur on Parshat Ki Tavo.]

KRIYAT SHEMA
With this background, we can better appreciate Chazal's choice of the first
two parshiot of kriyat shma.
Recall that the opening parshia of the Ha-mitzva section was none other
than the first parshia of kriyat shema (6:4-9).  Recall also that this
section ended with the 'concluding psukim' in 11:22-25.
    With this in mind, note now how the 'parshia' which precedes these
finale psukim is none other than the second parsha of kriyat shma -
've-haya im shamo'a...'.  [To verify this, review
11:10-22.]
In other words, the first two parshiot of kriyat shma form the bookends of
the ha-mitzva section, for it begins with 'Shma Yisrael... ve-ahavta'
(6:4-8) and ends with 've-haya im shamo'a..' (11:13-21).
This could explain why Chazal chose that we read both these parshiot to
fulfill our daily obligation of Torah study [which is based on 6:6 -
've-hayu ha-devarim ha-eileh asher anochi metzaveh...'].

    Based on this pasuk alone, one could conclude that we are required to
read the entire ha-mitzva section on a daily basis.  However, since this
section is too lengthy, it is sufficient if we recite only its opening and
closing parshiot.  However, by reading these two parshiot, it is as though
we have read (and hopefully internalized) all of the mitzvot included in
this entire section.
[The Mishna at the end of the seventh perek of Masechet Sota arrives at a
similar conclusion in regard to reading Sefer Devarim at the Hakhel
ceremony (see Sota 41a).  There, instead of reading the entire speech, the
custom was to read the first parsha of Shema (6:4-8) and then skip to the
last parsha of Shema (11:13-21).]

SECTION # 2 - THE CHUKIM & MISHPATIM UNIT
    Review once again the concluding psukim of chapter 11, noting the
smooth transition from the mitzva section - to the chukim u-mishpatim
section, noting the key phrases and theme:
"... Now that you are crossing the Jordan to inherit the Land... keep these
chukim & mishpatim that I am teaching you today" (11:31-32).

    With this transition, we flow right into the opening pasuk of section #
2, which details these laws (see 12:1):
"These are the chukim & mishpatim that you are to keep in the land which
God gave to your forefathers..."

The many chapters which follow this opening pasuk contain numerous laws
that Bnei Yisrael must keep upon entering the land.  However, in contrast
to the laws relating to proper attitude in the ha-mitzva section, the laws
in Section #2 are more specific in nature.  For example, here we find laws
concerning when and where to build the permanent bet ha-mikdash (chapter
12), dietary laws (chapter 14), laws of 'aliya la-regel' on the Holidays
(chapter 16), laws about appointing judges and political leaders (chapter
17), and a full assortment of civil laws (see chapters 19-25).   This list
continues until the end of chapter 26.  [Recall, that chapter 27 begins a
new speech.]
As we should expect, this unit also contains a very appropriate conclusion:
"God commands you today to keep these chukim & mishpatim, keep them with
all your heart and soul.  You have affirmed this day that the Lord is your
God, that you will walk in His ways...
The Lord has affirmed this day that you are, as He promised, His am
segula... and you shall be, as He promised [at Har Sinai] a holy nation to
the Lord your God"  (see 26:16-19).
[The shiurim to follow will discuss the nature of this unit in greater
detail.]
In summary, we have identified the two very distinct sections of the main
speech of Sefer Devarim and explained the nature of their distinction:
    (A)  The Ha-mitzva section (chapters 6 thru 11) contains several
mitzvot and various rebukes that encourage Bnei Yisrael to keep the proper
attitude toward God as they conquer the land.
    (B)  The Chukim & Mishpatim section (chapters 12 thru 26) contains an
assortment of more specific laws that Bnei Yisrael must follow once they
inherit the land.
Now, we can suggest a reason for this manner of presentation.

THE PROPER BALANCE
So which section is more important?  The ha-mitzva section - which deals
with proper attitude [sort of like a musar sefer], or the chukim &
mishpatim section - which details the specific mitzvot that one must keep
[sort of like a Shulchan Aruch]?
[Any 'yeshiva bachur' faces this dilemma every time he sets up his daily
schedule.  How much time to dedicate to musar and how much time to halacha.]

The summary pasuk of Section #2 (quoted above) alludes to the proper
balance between them:
"This day, God commands you to keep these chukim & mishpatim, and you
should keep them with all your heart and all your soul..." (26:16).

This 'finale' closes not only the chukim & mishpatim section, but also
beautifully relates it back to the ha-mitzva section.  These chukim
u-mishpatim must be kept with all your heart and soul - 'be-chol levavcha
u-vechol nafshecha'.
[Note once again the textual parallel between this closing pasuk and the
opening pasuk of the first section:
"ve-ahavta et Hashem Elokecha - be-chol levavcha u-vechol nafshecha" - and
you shall love God with all your heart and all your soul..." (see 6:5,
compare with 26:16)].

This obvious parallel stresses how the specific laws of the chukim
u-mishpatim section must be kept with the proper attitude of "ahavat
Hashem", as explained in the first section!
Only with the solid base of "ahavat Hashem" is it possible to fulfill the
more specific laws in the proper manner.  And only with a comprehensive set
of specific laws is it possible to maintain "ahavat Hashem" as a daily way
of life.
shabbat shalom,
menachem

==========================
FOR FURTHER IYUN

A.  BACK TO HAR SINAI
To better appreciate this entire unit and its concluding remarks, we must
recall that the mitzvot of this main speech should actually be considered
an integral part of Ma'amad Har Sinai.  [Recall from last week's shiur that
God's original intention  was to give these mitzvot directly to Bnei
Yisrael immediately after the Ten Commandments!]
With this in mind, carefully read the final psukim of the speech, noting
their thematic (and textual) parallel to the Torah's description of Ma'amad
Har Sinai in Sefer Shmot (especially Shmot 19:3-6).
Note how these psukim reflect the covenant made between God and Bnei
Yisrael at Har Sinai:
"... You have taken upon yourselves today that He will be your God and that
you will follow His ways and laws...
-  God has affirmed on this day that you will be His special people- 'am
segula'... as He spoke to you [at Har Sinai (see Shmot 19:5-6)].  And to
set you above all nations to be His glory and Name (reputation)... that you
shall be an "am kadosh" as He spoke to you [at Har Sinai]" (26:16-19).
Considering that these mitzvot are an integral component of Ma'amad Har
Sinai, it is only fitting that Moshe concludes this speech by summarizing
the most basic elements and purpose of that covenant.

B.  SOME 'ADDITIONS'
Go through the Ha-mitzva section of Sefer Devarim (i.e. chapters 6-11) and
try to determine which parshiot were 'added' now by Moshe in the fortieth
year and which parshiot seem to be a word for word repeat of what God had
first commanded him on Har Sinai forty years earlier.
1.  Note that many mitzvot sound as though Moshe Rabbeinu is speaking to
Bnei Yisrael as they left Egypt, and as though they themselves went out of
Egypt and witnessed the plagues etc.
Does the above distinction explain this?
See 6:16, why is 'masa' the only or best example of a rebellion against
God?  When did this rebellion take place?  Wasn't here a more recent
rebellion? (e.g. Mei meriva...)
Compare 7:7-11 to 9:4-7, use the above observation to explain the apparent
discrepancy between these psukim.
Why is chapter 8 clearly an 'add on'?  Does this 'add on' fit in
thematically to the main topic of the Ha-mitzva section?

C.  TWO TYPES OF 'YIR'A' - A mini-shiur
As we discussed in last week's shiur, chapter 5 details the events which
took place at Ma'amad Har Sinai when Bnei Yisrael were overcome with fear.
In Sefer Shmot (see 20:14-18), we find what appears to be a parallel
account of the same event.
Let's compare them.
We begin with the account in Sefer Devarim, when Bnei Yisrael request that
Moshe Rabbeinu act as an intermediary immediately after the completion of
the Ten Commandments:
"Let us not die, then, for this fearsome fire will consume us; if we hear
the voice of God any longer, we shall die!  For what mortal ever heard the
voice of the living God speak out of the fire, as we did, and lived?  You
go closer and hear all that Hashem says; then you tell us everything that
Hashem tells you, and we will listen and do it" (5:22-24).

God concedes to this request [note the positive aspect attributed to this
fear]:
"I have heard the plea that this people made to you; they did well to speak
thus.  May they always be of such mind, to revere Me and follow all my
Commandments..."

Sefer Shmot records a very similar incident that took place immediately
following the Ten Commandments, which according to some commentators (see
Ibn Ezra) describes the same event:
"All the people saw the thunder and lightning..., and when the  people saw
it, they fell back and stood at a distance and asked Moshe: You speak to us
and we will listen, but let not God speak to us, less we die.  Moshe
answered them: Be not afraid, for God has come only in order to test you,
and in order that the fear of Him may be with you forever..."  (Shmot
20:15-17).

    Although Rashi and Ramban explain that this event (in Shmot) took place
either before or during the Ten Commandments, for the purpose of this
mini-shiur, we will follow Ibn Ezra's shitta which understands that both
accounts describe the same event.
There is one major discrepancy between these two accounts: In Sefer Shmot,
Moshe is not pleased with this fear, while in Sefer Devarim, God praises it!
It seems as though Moshe prefers that Bnei Yisrael confront God directly
during Ma'amad Har Sinai, while God Himself endorses a more distanced
relationship.  Could this discrepancy reflect a dispute between Moshe and
God regarding the value of fearing God?
An understanding of the two forms of 'yir'at Hashem' - the fear of God -
can help us appreciate this controversy.

TYPE I:  Positive (or Constructive) Fear
When one recognizes God's infinite greatness, even though he may be
enthralled with the possibility of encountering the Almighty, out of
humility he feels that it be improper to confront Him directly.  This fear
is commendable, for it reflects an ideal balance between possible closeness
and necessary distance.

TYPE II:  Negative Fear
On the other hand, a person not interested in any relationship with God
would view a divine encounter such as Har Sinai as a nuisance, for it is
meaningless to him.  Fearful of its inherent danger, he prefers distance
and limited  responsibility.  This type of fear of God, like a 'child
running away from school', can ruin a relationship.

THE MACHLOKET
It seems that Moshe Rabbeinu, based on his experience with Bnei Yisrael
since the time of the Exodus, is concerned that the people's fear stems
from the latter reason.  Therefore, he is unhappy with Bnei Yisrael's
request that he act as their intermediary.  He encourages them to stay at
Har Sinai.
God, on the other hand, aware of the nature of man's haughtiness, stresses
the positive aspect of this fear.  He agrees with Bnei Yisrael's request,
sends them to their tents, and gives the mitzvot to them thru Moshe
instead.
Nonetheless, when the mitzvot of the main speech actually begin, we find a
beautiful resolution of this conflict.
Because God is indeed aware of Moshe's worry that there is a danger of the
distance caused by yir'at Hashem, God chooses to begin the mitzvot, which
He gives via Moshe to Bnei Yisrael with the commandment of ahavat Hashem -
the love of God!
"Shema Yisrael... and you must love the Lord your God with all your heart
and with all your soul and with all your might" (6:4-5).
To counter this potential danger of 'too much yir'a', God begins with the
mitzva of ahavat Hashem!  The love of God and the proper appreciation of
His laws assure that one's fear will strengthen his relationship, rather
than weaken it.
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