[Par-reg] Sefer Devarim - Intro

[Menachem Leibtag]

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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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