[Par-reg] Sefer Devarim - Intro
Menachem Leibtag
tsc at bezeqint.net
Wed Jul 18 16:51:49 EDT 2007
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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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SEFER DEVARIM - Introduction
What is Sefer Devarim?
Most everyone would answer - a review or repeat of Chumash, just as
its 'nickname' - 'Mishneh Torah' - seems to imply.
Is this really so?
As we now demonstrate, it won't take more than a minute to show how
that popular answer is simply incorrect!
Let's quickly review the first four books (of Chumash), noting
which of their primary topics are either included or missing from
Sefer Devarim:
* 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.
* 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.
* 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.
* 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.).
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.
[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? ]
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".
INTRODUCTION
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'.
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).
A BOOK OF SPEECHES
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.
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'.
[Recall (from when you studied grammar) that speeches are recorded (or
quoted) in first person, while narrative (stories) are usually written
in third person.]
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).
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.
INDENTIFYING SPEECH #1
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:
"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);
This introduces the speech that begins (in the next pasuk) with the
first sentence of Moshe Rabbeinu's speech:
"God, our Lord, spoke to us at Chorev saying..." (see 1:6).
[Note how this pasuk, and those that follow are written in first
person.]
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.
INDENTIFYING SPEECH #2 [the 'main speech']
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:
"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).
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!
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!
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.
The following table summarizes the division of Sefer Devarim into its
four speeches:
SPEECH #1
Chaps. 1 4
Introductory speech
SPEECH #2
Chaps. 5 26
Main speech
SPEECH #3
Chaps. 27 28
Tochacha & Covenant
SPEECH #4
Chaps. 29 30
Teshuva
THE MAIN SPEECH
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.]
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:
(1) 'Say what you're gonna say' -
(2) 'Say it' - & then
(3) 'Say what you said.'
[We'll soon see how Moshe Rabeinu beautifully follows this golden rule
in this speech.]
Let's take a careful look at how Moshe's begins this main speech,
noting how he explains to the people what to expect:
"Listen Israel to the chukim & mishpatim which I am teaching you
today, learn them and keep them..." (5:1).
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).
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.
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).
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.
INTRO TO THE MAIN SPEECH - OBLIGATION & COVENANT
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:
"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).
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)!
Recall as well how God had spoken the Ten Commandments directly
to Bnei Yisrael as part of that covenant.
[Hence - the two tablets upon which they were inscribed are known as
'luchot ha-brit' - i.e. tablets of the Covenant.]
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).
WHY MOSHE IS TEACHING THE LAWS
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.
To clarify this, let's careful study these psukim, for they will
help us understand the overall structure of the main speech:
"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).
[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.]
Note how God grants this request (that Moshe should act as their
intermediary) by informing Moshe of His 'new plan:
"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).
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.
In fact, Moshe himself states this explicitly in the next set of
psukim that clearly introduce this set of laws:
"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).
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.
THE ELEVENTH COMMANDMENT
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':
"Shema Yisrael, Hashem Elokeinu Hashem Echad, ve-ahavta... ve-hayu
ha-devarim ha-eileh..." (see 6:4-7).
[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.]
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).
[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!]
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:
"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)
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.
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).]
WHEN THIS SPEECH WAS FIRST GIVEN
So when did Bnei Yisrael first hear these mitzvot?
If they were given at Har Sinai, then certainly Moshe should have
taught them to the people at that time.
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:
"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.
(See Shmot 34:29-32)
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.
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.
[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.]
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.
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.
MISHNEH TORAH
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.
Moshe begins this set of laws with an opening statement that reflects
a tenet of faith:
"shema Yisrael Hashem Elokeinu Hashem Echad" (6:4)
This is followed by the most basic mitzva regarding attitude,
which in essence is a way of life for every jew:
"ve-ahavta ..." - to love God with all your heart... (see 6:5),
Then, Moshe introduces the laws that he now plans to teach in a
very interesting manner:
"ve-hayu ha-devarim ha-eileh...
- And these words [i.e. laws that will now follow]
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).
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!
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!
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,
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.
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:
"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).
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.
[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.]
BACK TO PARSHAT DEVARIM
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.
"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).
First of all, what does the word devarim refer to:
the entire book? - the first speech? - all the speeches?
It's not clear. Secondly, what is the meaning of this long list of
places?
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.
Are these many places, or just one place? What happened at all of
these places? Again, it is not clear.
The next pasuk is even more enigmatic!
"Eleven days from Chorev, via Mount Se'ir, until Kadesh Barnea" (1:2).
This pasuk doesn't even form a complete sentence. What does it
describe? What does it have to do with the previous pasuk?
Nonetheless, the next pasuk appears to be quite 'normal', and could
easily have been the opening verse of the book:
"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).
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?
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).
A SUPER INTRO
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.
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."
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!
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:
"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)
[See commentary of Ibn Ezra on 1:1-2.]
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.
[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.]
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.]
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.
In this manner, the first four psukim of Sefer Devarim actually form
the introduction to the main speech (chapters 5-26).
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).
Untill then,
shabbat shalom
menachem
======================
FOR FURTHER IYUN
A. FROM HAR SINAI TO SEFER DEVARIM
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?
To answer this question, we simply need to review our conclusions
from previous shiurim.
First of all, let's review the main themes of each Sefer that we
have found thus far:
* BREISHIT - God's creation of the universe and His choice of Avraham
Avinu and his offspring to become His special nation.
* SHMOT - The Exodus of Am Yisrael from Egypt; their journey to Har
Sinai; Matan Torah; chet ha-egel, and building the mishkan.
* VAYIKRA - Torat kohanim, the laws relating to offering korbanot in
the mishkan, and various other laws that help make Am Yisrael a holy
nation.
* 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.
With this in mind, let's see how the laws in Sefer Devarim may
relate to what we have found thus far.
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.
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.
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:
* 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.]
* 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.]
[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.)]
* 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).
* 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.
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.
Let's discuss them, one book at a time:
SHMOT
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).
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.]
What about the rest of the mitzvot transmitted to Moshe on Har Sinai?
As we will see, some surface in Sefer Vayikra, others in Sefer
Bamidbar, and the main group appears in Sefer Devarim!
VAYIKRA
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.
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.]
BAMIDBAR
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.
DEVARIM
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.]
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:
"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).
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].
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!).
B. BETWEEN THE NARRATIVES IN DEVARIM & BAMIDBAR
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.
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,
C. TORAH SHE-BA'AL PEH
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!
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.
[See also Ibn Ezra to Shmot 24:12, re:"ha-Torah ve-hamitzva...," which
may refer to the Written and Oral Laws.]
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!
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