[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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