[Par-reg] For Parshat Devarim

[Menachem Leibtag]

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

PARSHAT  DEVARIM
    Why are there so many details in Parshat Devarim that appear to
contradict what was written earlier in Chumash?
[For example, the story of: the "meraglim" (1:22-40 vs. Bamidbar 13:1-22),
whose idea it was to appoint the judges (see 1:12-18 vs. Shmot 18:13-26),
and how we confronted Edom in the fortieth year (see 2:4-8 vs. Bamidbar
20:14-).

    In contrast to the 'heretical' solutions offered by the 'bible critics'
- in the following shiur we suggest a very simple and logical reason for
these discrepancies - based on our understanding of the overall theme and
structure of Sefer Devarim, as discussed in our introductory shiur.
    Therefore, we must begin our shiur with a quick review of the
conclusions of that shiur - in order to understand the purpose of Moshe
Rabeinu's first speech, which comprises the bulk of Parshat Devarim.
[If you didn't read that shiur, it is available on the web-site at
www.tanach.org/dvarim/dvarint.pdf.]

INTRODUCTION
    In the first four chapters of Sefer Devarim, Moshe Rabeinu delivers a
speech to Bnei Yisrael, which serves as an introduction to his 'speech of
Mitzvot' - the main speech (chapters 5 thru 26).
    In that 'main speech', Moshe teaches a complete set of laws that Bnei
Yisrael must keep as they conquer the Land, and establish their nation.
Even though Moshe first received (and taught) those laws forty years
earlier, he must teach them one last time, before his death - as the new
generation now prepares to enter the Land.
    Our shiur will demonstrate how the first speech introduces the main
speech, which will then enable us to explain why its details may differ
from their parallel accounts in Sefer Shmot and Bamidbar.
    We begin our study by noting how and where the first speech begins.

THE OPENING LINE
In our introductory shiur, we explained how the first four psukim of
Parshat Devarim (1:1-4) serve as an intro to the entire book, and hence
introduce the main speech (that doesn't begin until chapter five).  It is
specifically the fifth pasuk that introduces the first speech:
"In Transjordan in Moav, - "ho'eel Moshe" - Moshe BEGAN explaining this
TORAH saying:…"  (See 1:5, and Rashi!)
[The phrase "ha'Torah ha'zot" refers to the main speech (that begins in
chapter five), as Sefer Devarim consistently uses the word "torah" in this
context - see 4:44, 17:18 and 27:3 & 8.]

    Hence, the next pasuk begins the actual speech - with Moshe telling
Bnei Yisrael:
"Hashem spoke unto us in Chorev [=Har Sinai] saying: 'You have dwelt long
enough in this mountain; "turn you, and take your journey, and go to the
hill-country of the Amorites and unto all the places... the land of the
Canaanites,as far as the great river, the river Euphrates. "
Behold, I am giving you the land: go in and possess it, which Hashem swore
unto your forefathers..."  (see 1:6-8)

When Moshe begins his speech by retelling how Bnei Yisrael left Har Sinai,
it may appear that he is simply beginning a short historical review of
everything that happened during their journey in the desert.  However, as
we read on, we'll see how the details that Moshe Rabeinu recalls, relate
directly to the topic of the main speech.  Let's explain why he begins with
'leaving Har Sinai'.

DEJA - VU
Recall that the mitzvot of the main speech were first given to Moshe at Har
Sinai, and they were taught at that time, because Bnei Yisrael were
supposed to travel from Har Sinai directly to the Land of Israel.  Now, it
is forty years later, and the new generation is in a very similar
situation, i.e. ready to enter the land.  Just as Moshe had taught their
parents' generation these laws at Har Sinai - now he is teaching the new
generation.
As the laws of the main speech relate to what Bnei Yisrael must do when
they enter the land, Moshe begins his speech by explaining to the nation
why forty years have passed since these laws were first given.
This neatly explains why the story of the spies emerges as the primary
topic of chapter one (see 1:19-45) - for that sin was the principal reason
for this forty year delay.   [If Sefer Devarim was a simply a review of
Chumash, then there are many other stories that Moshe should have mentioned
beforehand!]
However, before Moshe retells the story of the spies,  he inserts a short
'digression'  regarding the appointment of judges, as detailed in 1:9-18,
which at first glance appears to be superfluous.
Let's take a look at what this 'digression' includes; afterward we will
suggest a reason for its inclusion.

WHAT DO JUDGES HAVE TO DO WITH ALL THIS?
Review 1:6-22, noting how it would have made much more sense for Moshe to
go from 1:8 directly to 1:19 (please verify this on your own).
Nonetheless, this more logical flow is 'interrupted' by what appears to be
an unrelated statement:
"And I spoke unto you 'at that time', saying: 'I am not able to lead by
myself..." (1:9)

Moshe's statement, even though it sounds at first bit negative, does not
have to be understood as a complaint.  In fact, the next two lines come
precisely to counter that impression:
"Hashem has multiplied you, and, behold, you are this day a multitdue as
the stars of heaven. Hashem, the God of your fathers, should make you a
thousand times so many and bless you, as He promised you! (1:10-11)
[btw, note the parallels to Breishit 15:5-7!]
 Moshe's inability to carry the burden of the entire nation stemmed from
their population growth, which Moshe now explains was the fulfillment of a
divine blessing.
In fact, based on the context of 1:6-8, the phrase "b'et ha'hi" [at that
time] in 1:9 must relate to the time when Bnei Yisrael first left Har Sinai
- as recorded in chapter 11 in Sefer Bamidbar.  And sure enough, we find
almost that identical wording in a statement that Moshe had made precisely
'at that time':
"lo uchal anochi l'vadi la'set et kol ha'am..." - I myself am not able to
lead this nation...  (see Bamidbar 11:14!)

In response to Moshe's 'complaint', God commanded Moshe to share his
leadership with the 'seventy elders' (see Bamidbar 11:16-29).  That
response is reflected in Moshe next statement in his speech in Sefer
Devarim, explaining how his burden of leadership was alleviated by the
appointment of judges, in a hierarchal system of leadership:
"How can I alone bear your cumbrance, and burden, and disputes?
[Therefore,] Get you, from each one of your tribes, wise men, and
understanding, and full of knowledge, and I will make them heads over
you...  So I took the heads of your tribes, wise men, and full of
knowledge, and made them heads over you, captains of thousands, and
captains of hundreds, and captains of fifties, and captains of tens, and
officers, tribe by tribe.  And I charged your judges at that time, saying:
'Hear the causes between your brethren, and judge righteously between a man
and his brother, and the stranger that is with him... and the case that is
too hard, you shall bring unto me, and I will hear it'. (See 1:12-17.)
[Note that even though this may sound like a similar account Parshat Yitro
(see Shmot 18:13-26), based on the context, the primary parallel is to
Bamidbar chapter 11.  See also Ibn Ezra (and Rashi) in Shmot 18:13, who
explain that this story of the appointment of judges actually took place
after the Torah was given, and hence, that chapter is out of place.  Note
as well how Shmot 18:27 may be parallel to Bamidbar 10:29-33!]

But what is the thematic importance of Moshe's discussion about the
appointment of these judges?  Even if those events took place 'at that same
time' [see 1:9], these details don't appear to share any thematic
connection to the story of the spies, nor to the laws of main speech!  So
why does Moshe mention it at all?

JUDGES AND/OR TEACHERS
The answer to this question lies in the next (and final) pasuk of this
'digression':
"And I commanded you [the people] 'at that time' - et kol ha'DEVARIM - all
the things which you should do." (see 1:18)

Pay attention to the phrase "va'atzave etchem" - which must refer to the
people, and not the judges.
[You can prove this by simply comparing "v'atzave et shofteichem" in 1:16,
 to "v'atzave etchem" in 1:18!]

This short pasuk, even though it is often 'overlooked', connects everything
together.  Moshe explains that at that time, i.e. after appointing the
judges, as Bnei Yisrael prepared to leave Har Sinai, he had commanded the
people in regard to all the - DEVARIM - which they must do.
But what are those 'DEVARIM'?

Based on our introductory shiur, the answer should be obvious! These are
the same 'devarim' that:
* the opening pasuk of Sefer Devarim refers to (see 1:1)
* "v'hayu ha'devarim ha'eyleh" refers to  (see 6:6)
* which are none other than the laws of the main speech of Sefer Devarim!
 [See Ibn Ezra & Chizkuni on 1:18.]

This makes perfect sense, for that special set of laws (that require
constant repetition /"mishne Torah") relate to what Bnei Yisrael will need
to keep when they enter the land.  Therefore, when Bnei Yisrael first left
Har Sinai forty years earlier, Moshe had taught the people these laws -
with the help of these judges; and now forty years later, he reminds the
people of those events, as he is about to teach them those laws one last
time.
As it is the responsibility of the appointed judges to assist with the
teaching of these laws (and their implementation /see 27:1-8!), Moshe
includes those events at the beginning of his introductory speech.
Unfortunately, that generation failed.  It is now Moshe's hope [and goal],
that this generation will fare much better.
As Moshe's introductory speech focuses on Bnei Yisrael's need to be
prepared for their conquest of the land, and their need to study the
relevant laws, it actually makes sense that he mentions the appointment of
judges first - for they will be the key towards the success of this
endeavor.  [Note as well 16:18 in the main speech.]

Finally, this interpretation of the word "devarim" in 1:18, explains why
Moshe continues his speech by returning to their journey from Chorev to
Kadesh Barnea (see1:19).  Based on our understanding that 1:2 describes how
the laws of the main speech were taught and studied during the eleven day
journey from Chorev to Kadesh Barnea (see Ibn Ezra), then the detail in
1:18-19 refer to this very same point!

WHERE'S YITRO?
This interpretation can also explain why Yitro himself is not mentioned in
this speech.  Even though Devarim 1:15-17 may sound very similar to Shmot
18:14-22, the purpose of Moshe's speech is not to give a complete
historical review of every event that transpired in the desert.  Instead,
it focuses on this special set of laws that Moshe is about to teach.
Therefore, there is no need to mention (at this time) whose original idea
it may have been to set up this hierarchal judicial system.  Instead, it is
important to know that the judicial system that has been set up is there to
serve the people, and it will facilitate their ability to establish
themselves as God's nation in the land.  [See again 27:1-8, noting again
the parallel to Bamidbar chapter 11.]

WHO SENT THE SPIES?
Moshe continues his speech with the story of the "meraglim" [the spies].
As we explained, his purpose is to explain to the new generation why the
first generation failed, in hope that they will fare better.  Therefore,
Moshe retells those events from that perspective, blaming the people (more
than their leaders) for the failure of that generation - for he wants to
make sure that the people do not become fearful again (as their parents
did).
Note how critical this point is; for if one understands Sefer Devarim as a
review of Chumash, then he is confronted with unachievable task of
resolving the obvious contradictions between these two accounts.  However,
once it is understood that Moshe is telling over those events as part of a
'pep-talk', it makes perfect sense that he emphasizes only the details that
are relevant to the theme of his speech.
For example, as leadership is an underlying theme is Sefer Bamidbar,
Parshat Shelach highlights the fault of the nation's leaders in those
events.  In contrast, as Moshe is worried that the nation may 'chicken out'
once again, he will emphasize that generation's fear and lack of faith &
motivation.
[To ascertain what really happened would require a lot of 'detective' work,
but recording those events in their entirety was neither the goal of Sefer
Bamidbar nor Sefer Devarim!
You could compare this to twoTV cameras (one in the end zone and one on the
sideline) filming a football game.  Even though each camera is filming the
same game, each one only shows the game for its own angle.]

THE MAAPILIM
Moshe includes the story of the "maapilim" (see 1:40-45), for it forms the
conclusion of the "mergalim" incident.  However that specific story, and
those that follow, may have been included for an additional reason.
Moshe Rabeinu seems to be quite fearful (and rightly so) that the nation
may 'chicken out' once again.  In fact, realistically speaking, the people
have some very good reasons to worry. Let's review them.
First of all, the last time they tried to conquer the land of Israel (see
Bamidbar 14:40-45), they suffered a whopping defeat.  Now Moshe may have
explained that this was because God was not in their midst. However, surely
the skeptics among them may have retorted that the very idea of conquering
the land of Canaan was futile from the start (see Bamidbar13:31-33).
Furthermore, only less than a year earlier, the entire Israelite nation was
challenged by the army of Edom, demanding that they not dare trespass their
land (see Bamidbar 20:14-21).  Instead of fighting, Moshe led them though a
lengthy 'by-pass road'.  Surely, many of the 'right-wingers' among the
people viewed this as a sign of weakness.  If they couldn't stand up to the
threats of Edom, how could they stand up to the threats of all the nations
of Canaan!
  Finally, it may look a little suspicious that Moshe's encouraging words
that the time has now come to conquer the land just so happens to coincide
with his announcement of retirement!
Any (or all) of the above reasons may have raised doubts among the people.
Therefore, in his opening speech, Moshe must allay these fears by
explaining the divine reason for those actions:
1) The 'maapllim' lost because God was not in their midst (see 1:42)
2) We didn't trespass Edom, for 'family' reasons (see 2:4-8)
3) We didn't trespass Moav for similar reasons (see 2:9-12)
4) We waited forty years because of "chet ha'mergalim (see 2:13-17)
5) We didn’t' attack Amon for divine reasons as well (see 2:18-23)

To summarize, we have shown the underlying logic behind the flow of topic
in Moshe's opening speech (through at least the middle of chapter two), by
considering the purpose of that speech .

THE PEP-TALK
Let's show now how the next section of this speech forms a reasonable
continuation for this 'pep talk'.
 In contrast to all the events that people may have viewed as a sign of
weakness, Moshe now goes into minute detail of how Bnei Yisrael achieved
remarkable success in their military campaign against Sichon & Og (see 2:24
thru 3:20).
Note how in Moshe's account of the war against Sichon and Og, we find many
more details than were recorded in Sefer Bamidbar.  The reason why is
simple, for that battle is Moshe's best proof (for this new generation)
that God is indeed capable of helping them, and hence - 'no need to fear'.
Even the settlement of the two and half tribes in Transjordan (see 3:12-20)
is presented in a positive light, for it provides addition support to
Moshe's claim that it is indeed possible to successfully conquer the mighty
nations of Canaan.  Moshe presents those events to show that battle against
Canaan has already begun, and thus far has been quite successful!  Crossing
the Jordan, and entering the land won't be something 'new', but rather a
continuation of the task that has already been partially fulfilled.
Simply note, how Moshe concludes this section of this speech with these
words of encouragement:
"And I commanded  Yehoshua at that time, saying: 'Your own eyes have seen
all that Hashem has done unto these two kings; so shall the LORD do unto
all the kingdoms where you go. You shall not fear them; for the LORD your
God, He it is that fights for you."  (see 3:21-22)

In case you didn't notice, we've already reached the conclusion of Parshat
Devarim.
In Parshat Ve'etchanan, Moshe will continue this speech, by explaining why
he himself will not be coming with them (once again, for divine reasons/
see 3:23-27).
Iy"h we will continue this study of Moshe's opening speech next week.   Till
then,

shabbat shalom
menachem

=====================
FOR FURTHER IYUN
1. Based on the shiur, attempt to explain the actual differences between
the Torah's account of "chet ha'meraglim" here in Sefer Devarim and in
Parshat Shelach.

2. Compare the account of the Bnei Yisrael's battle against Sichon and Og
here in contrast to the account in Parshat Chukat.  Explain why the account
in Devarim lays more emphasis on the nature of these battles as conquest.

3. Recall our study of 1:9, and the phrase "ba'et ha'hee":
"And I told you AT THAT TIME saying: 'I can no longer carry the burden of
leading you by MYSELF."  (1:9)

Even though this may sound like Yitro's observation that Moshe is working
too hard (see Shmot 18:13-18), it can't be for two simple reasons:
1) Moshe says that it was his own complaint.
2) The pasuk says "b'et ha'hee" - AT THAT TIME, i.e. the time that they
left Har Sinai on their journey to Eretz Canaan, and Yitro came almost a
year earlier (or at least some six months earlier, see Rashi Shmot 18:13).
However, there is a much better source in Parshat B'haalotcha that matches
this pasuk not only chronologically, but also thematically and textually!
Recall that immediately after Bnei Yisrael left Har Sinai (note Bamidbar
10:33-36), we encountered the sin of the "mitavim" (see Bamidbar 11:1-10).
Let's take a look now at Moshe's reaction to that sin:
"And Moshe said to God: Why have you been so evil to me by putting the
BURDEN of leading this people ("masa ha'am") upon me!  Did I give birth to
them… I MYSELF CAN NO LONGER CARRY THE BURDEN [to lead] this nation for it
is too much for me…" (see 11:11-15)

Note how (1) this story takes place "ba'et ha'hee" - at this exact time  -
as Bnei Yisrael leave Har Sinai on their journey. (2) Moshe Rabeinu himself
complains that he can no longer carry the burden of their leadership; and
(3) we find the identical Hebrew words "lo uchal anochi L'VADI LA'SET et
kol ha'am ha'zeh" (Bamidbar 11:14/ compare Devarim 1:9)!
Furthermore, recall God's reaction to Moshe's complaint - He takes from
Moshe's spirit ["ruach"] and divides it among the seventy elders of Israel,
i.e. the nation's religious leadership.  Thematically, this fits in very
nicely with Moshe's opening speech, for now (in Sefer Devarim) we find
Moshe's leadership being passed on to a new generation of leaders.
Furthermore, it is precisely the job of these national leaders to teach and
clarify the laws that Moshe will now teach them in his main speech.  As
noted in 1:18:
"And I commanded you at that time - all of the DEVARIM that you must do."
===========

A SUMMARY OF THE FIRST SPEECH
The following outline reviews the main points of the first speech.  It can
serve as a review of this week's shiur, and preparation for next week's
shiur:
A) INTRO
1:1
5 Opening narrative explaining background of the main speech.  (what,
when, where, etc.).
[the 'double introdcution']

B) FROM HAR SINAI TO ARVOT MOAV
The reason for the 40-year delay.

1:6
11 The original trip from Har Sinai to Eretz Yisrael,
        (what should have happened back then, instead of now).

1:12
18 Moshe's leadership shared with the elders etc.
        (they will help lead, judge, and teach the laws)

1:19
40  "Chet ha'Meraglim" 
 the REASON why that generation
        did not enter the Land, and why forty years have passed.
 [Accented in this account is not to fear nations of Canaan like the
previous generation had feared them.]

2:1
23 The journey from Kadesh, around Har Seir until Nachal
        Zared. The death of "Dor HaMidbar" (2:14
16)
Explaining why Edom, Moav & Amon were not trespassed.
[Edom, Moav, and Amon were not attacked due to a divine command and NOT
because Bnei Yisrael were not able to fight them!]

2:24
30 The challenge of Sichon to battle, God's involvement /2:30)

2:31
3:22 The war against Sichon, and Og King of Bashan,
        Conquest of most of Transjordan,
Inheritance of Reuven and Gad, and Menashe', and their promise to assist in
the conquest of Canaan.
[Note God's assurance to assist the people, based on these events in
3:20
22.]

3:23
29 Moshe's final request to see the Land.

C) INTRODUCTION TO THE MITZVOT
4:1
24 General principles regarding mitzvot in forthcoming speech,
i.e. not to add or take away, their purpose
 to be a example for other
nations, not to worship God through any type of intermediary after Moshe
dies.

4:25
40 a 'mini
 tochacha',
your punishment should you not follow these forthcoming mitzvot, and the
eternal option to do 'teshuva'.

4:41
49  - A short narrative
explaining how Moshe designated the three cities of refuge in Transjordan,
followed by several introductory psukim for the forthcoming main speech.]

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