[Par-reg] Sefer Devarim - Introduction
Menachem Leibtag
tsc at bezeqint.net
Wed Jul 22 03:05:04 EDT 2009
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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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