What is Sefer Devarim?
What is Sefer Devarim?
By Rabbi Chaim Jachter
It is challenging to grasp the role of Sefer Devarim. Many assume Sefer Devarim is a summary of the first four books of the Torah. This misunderstanding stems from a misunderstanding of the ‘‘nickname’’ Chazal give to Sefer Devarim: Mishneh Torah (Megilla 31b). While the term Mishneh Torah literally means a repetition of the Torah, Sefer Devarim is far more than a mere repeat of the Torah.
Chazal’s Nicknames for the Books of the Torah
The names Chazal give to the first four books of the Torah are fairly straightforward. Sefer BeReishit is called Sefer Yetzira, since BeReishit describes the creation of the world and the creation of Am Yisrael. Sefer Shemot is Sefer HaGe’ulah since we are redeemed from slavery and Hesteir Panim (distancing from HaShem). Torat Kohanim captures the meaning of Sefer VaYikra since the Sefer presents the laws of the Kohanim and how Am Yisrael can realize our mandate to be the Mamlechet Kohanim VeGoy Kadosh, a role model holy nation (Shemot 19:6). BeMidbar is referred to by Chazal as Sefer Pekudim, the book of countings, since the Sefer contrasts the generation that left Mitzrayim who are counted in the early part of the Sefer with the generation that will enter Eretz Yisrael who are counted in the later part of the Sefer.
Mishneh Torah, by contrast, seems not at all to capture the essence of Sefer Devarim.
Sefer Devarim is NOT a Summary of the First Four Books of the Torah
Sefer Devarim is undoubtedly not a mere summary of the Torah. Hardly any of Sefer BeReishit is summarized in Devarim. While some of Shemot is presented in Devarim – Matan Torah and the Cheit Ha’Eigel for example – much is missing such as the Ten Makkot and the Mishkan. Most of VaYikra is not presented in Devarim, with the exceptions of the list of Kosher creatures and the Berachot UKelalot. While Cheit HaMeraglim and the rules of the Ir Miklat are both presented in Sefer Devarim, much of the rest of Sefer BeMidbar, including the countings, the ordering of the camps, and the rules of the Parah Aduma do not appear in Devarim.
Moreover, there are many Mitzvot that appear in Sefer Devarim that do not appear in the earlier books, including the appointing of a Melech, Chalitza, and the Ben Sorer UMoreh.
Finally, the stories that are addressed in Sefer Devarim that appeared earlier in the Torah, are presented significantly differently in Sefer Devarim. For example, the Meraglim story is presented dramatically different in Devarim than it is in BeMidbar.
Most important, if Sefer Devarim is merely a summary of the first four books of the Torah, it would be worthless. To illustrate this point, imagine that a synagogue engaged a guest speaker. On the Shabbat, his speech consists of a summary of the first four books of the Torah. His presentation would be deemed a complete failure. Merely summarizing the first four books of the Torah would hardly be deemed a valuable speech. There must be something more to Sefer Devarim!
What is Sefer Devarim?
The following Pesukim help us understand the purpose of Sefer Devarim: Devarim 1:1 notes, ‘‘Eileh HaDevarim Asher Diber Moshe El Kol Yisrael Be’Eiver HaYardein,’’ ‘‘These are the speeches that Moshe Rabbeinu delivered on the other side of the Jordan River.’’ This Pasuk defines Devarim as a series of speeches Moshe Rabbeinu delivered to us when we were about to enter Eretz Yisrael.
Devarim 2:2 is a Pasuk that typifies Sefer Devarim. The Pasuk states ‘‘VaYedabeir HaShem Eilai Lamor’’ HaShem spoke to me to communicate. This oft-repeated Pasuk in Sefer Devarim contrasts sharply with the Pasuk ‘‘VaYedabeir HaShem El Moshe Leimor,’’ HaShem instructed Moshe to communicate, that appears so often in Shemot, VaYikra, and BeMidbar.
‘‘VaYedabeir HaShem Eilai Lamor’’ exemplifies how unlike the first four books of the Torah, Moshe Rabbeinu is ‘‘the speaker’’ in Sefer Devarim. In the other books of the Torah, the Narrator, meaning HaShem, is ‘‘the speaker’’.
Devarim 1:3 informs us that he began delivering these speeches on Rosh Chodesh Shevat in the last year of Moshe Rabbeinu’s life. Moshe Rabbeinu continued delivering these speeches until the day he died (Devarim 31:2 with Rashi). Being that Chazal (Kiddushin 38b) inform us that Moshe Rabbeinu died on the seventh of Adar, we learn that these speeches recorded in Sefer Devarim were delivered for a bit more than a month.
Devarim 6:1 informs us that Moshe Rabbeinu will be presenting matters relevant to our upcoming entry into Eretz Yisrael. Moshe Rabbeinu in Sefer Devarim prepares us for at least four major transitions that we are about to make.
One great change is the transfer of the leadership from Moshe Rabbeinu to Yehoshua. The former had been our leader for forty years. Most of Bnei Yisrael did not know of another leader during their adulthood. In Sefer Devarim, Moshe Rabbeinu prepares us for Yehoshua soon assuming the mantle of leadership.
Another monumental adjustment was from a life sustained by miracles in the Midbar to a much more natural life in Israel. The Mitzvah of Birkat HaMazon is presented in Sefer Devarim since it is most relevant to Eretz Yisrael (aside from our thanking HaShem for Eretz Yisrael in Sefer Devarim). In Eretz Yisrael we will be eating natural meals for which we must recite Birkat HaMazon, unlike the Mahn which we ate in the Midbar.
Another major change was adjusting from living in isolation from other nations in the Midbar, to being exposed to many other nations in Eretz Yisrael. For this reason, Moshe Rabbeinu places much emphasis on ‘‘Shema Yisrael HaShem Elokeinu HaShem Echad’’ and refraining from Avodah Zara.
Finally, in the Midbar, at least for the most of our journey, we were not exposed to war with enemies. In Eretz Yisrael we will be faced with the need to conquer Eretz Yisrael. It is for this reason that Moshe Rabbeinu discusses at length Mitzvot relevant to waging war.
Moshe Rabbeinu is overwhelmingly successful with these speeches as evidenced by Sefer Yehoshua. The very end of Sefer Devarim and Sefer Yehoshua record the seamless and orderly transfer of power to Yehoshua. Moreover, relatively little goes wrong in Sefer Yehoshua. Very few deviations from the Torah occur during the time of Yehoshua’s rule. Thus, Moshe Rabbeinu perfectly prepared us and set us up for great success in Sefer Yehoshua.
In summary, Sefer Devarim is a series of speeches Moshe Rabbeinu delivered during the last thirty seven days of his life. These speeches beautifully prepared us to handle the monumental changes that lay before us.
Mishneh Torah
Now that we know what Sefer Devarim is and what Sefer Devarim is not, we must ask why Chazal refer to this Sefer as Mishneh Torah, a repeat of the Torah.
A contrast of how the prohibition of Lo Tachmod (roughly translated as do not be jealous) is presented in Sefer Shemot and Sefer Devarim helps us grasp the deeper meaning of Chazal calling Sefer Devarim, Mishneh Torah.
In Sefer Shemot (20:14), HaShem commands us not to be jealous of our neighbor’s wife, his ox and donkey, and all that belongs to his neighbor. However, in Sefer Devarim Moshe Rabbeinu formulates (according to the Pashtanim such as Ibn Ezra) the prohibition as forbidding jealousy of one’s neighbor’s wife, house, field, ox, and anything he has.
Why does Moshe Rabbeinu add the neighbor’s house and field? An answer is that in the Midbar we did not have homes and we did not have fields. Now that we in Sefer Devarim are about to enter Eretz Yisrael the concern for jealousy of one’s neighbor’s house and field becomes very relevant.
Is Moshe Rabbeinu changing the Torah? He is certainly not. He is repeating the Torah in a manner that applies HaShem’s word to the new situation. I recently composed a work with my son about electric shavers. We did not repeat the Torah, but we applied its divine words to the contemporary situation.
Chazal refer to Sefer Devarim as Mishneh Torah not literally as a repeat of the Torah. Rather it is an application of HaShem’s Torah to the situation we are about to enter.
Moshe Rabbeinu’s Mishneh Torah is a paradigm for all ‘‘Mishneh Torahs’’ in the future. When a Rabbi addresses his congregation, he does not merely repeat the Torah. That would be of little value. The Rabbi follows in Moshe Rabbeinu’s footsteps and takes the Torah and applies it to the contemporary situation.
Menachot 29b - Moshe Rabbeinu Meets Rabi Akiva
With our approach to Mishneh Torah, we can explain the remarkable story (Menachot 29b) of Moshe Rabbeinu visiting Rabi Akiva’s Shiur. Shockingly, Moshe Rabbeinu does not understand the Shiur. He is calmed, though, when in response to a student’s challenge as to the source of a surprising approach, Rabi Akiva responded it is a Halachah LeMoshe MiSinai (a tradition received by Moshe Rabbeinu at Sinai).
Many find this Gemara to be perplexing in the extreme. How can Rabi Akiva’s Shiur be an authentic expression of Torah if Moshe Rabbeinu does not understand it?
We suggest that Moshe Rabbeinu did not understand since Rabi Akiva was applying the Torat Moshe to the scenarios of his generation. Moshe Rabbeinu is assuaged when Rabi Akiva points to Moshe Rabbeinu as his source. By saying this, Rabi Akiva is saying although he is addressing issues that might be foreign to Moshe Rabbeinu, he shares the methodology and vision of Moshe Rabbeinu. Hence, Rabi Akiva’s Shiur is an authentic continuation and application (a legitimate Mishneh Torah, as we are saying) of Torat Moshe. Therefore, Moshe Rabbeinu is assuaged.
Were Rabi Akiva to read the Hebrew version of my electric shaver book (that my son and I contributed to Techumin volume 41), he would not understand it either. However, I am confident Rabi Akiva would be assuaged by the fact that we quote him in the formulation of our approach to electric shavers. We share Rabi Akiva’s methodology and vision and we believe we therefore are a legitimate continuation of his Torah.
Change vs. Application
Legitimate Torah learning applies HaShem’s Torah but does not change it. Changing Torah is inauthentic and doomed to fail. The Conservative movement’s horrific ruling in 1950 ‘‘permitting’’ driving to services on Shabbat is a tragic example of such illegitimate change. Even a competent Yeshiva high school student recognizes the illegitimacy of this ruling which has no basis in our classic Torah texts. Decades later even Conservative leaders admitted the colossal mistake in issuing this ruling which led to the dissolution of a sense of community in the Conservative movement.
Who Wrote Moshe Rabbeinu’s Speech?
Although Moshe Rabbeinu delivered the speeches in Sefer Devarim, who wrote the speeches? Megilla 31b states unequivocally that Moshe Rabbeinu composed the speeches. Tosafot (ad. loc.) clarify that Moshe Rabbeinu wrote it with Ru’ach HaKodesh, divine inspiration. This means that HaShem influenced Moshe Rabbeinu in his composition of the speeches. However, Tosafot does not state that Moshe Rabbeinu wrote Devarim with Nevu’ah, prophecy. Moshe Rabbeinu did have input into the speech. While it is difficult, if not impossible, to know where HaShem’s influence ended and Moshe Rabbeinu’s autonomy began, the Gemara clearly states that Moshe Rabbeinu had at least a measure of independence in the composition of the speeches recorded in Sefer Devarim.
Moreover, Moshe Rabbeinu certainly did not devise the Mitzvot that appear for the first time in Sefer Devarim. Instead, what Moshe Rabbeinu is doing is presenting Mitzvot which he heard from HaShem at Har Sinai but until now were simply Torah SheBe’al Peh (see Shemot 34:32 with Chizkuni, as well as the introductions of the Ramban and Abarbanel to Sefer Devarim).
Abarbanel clarifies that HaShem is the author of Sefer Devarim since HaShem is quoting Moshe Rabbeinu with His approval and even possibly edits his speeches for inclusion in the Torah. Abarbanel fits beautifully with Chagigah 15b that teaches that HaShem cites the original Torah thoughts of the great Chachamim. While HaShem undoubtedly influences the Chachamim (see Mishna, Yadayim 4:3), they also have some degree of autonomy. HaShem cites the great Chachamim with approval just as He approvingly presents Moshe Rabbeinu’s speeches in Sefer Devarim.
Conclusion – HaShem Empowers Us
Sefer Devarim is undoubtedly not a mere repeat of that which is in the prior four Sefarim. Rather, HaShem is quoting how Moshe Rabbeinu masterfully prepares us for the barrage of transitions we will face when he soon will depart this world. Chazal refer to Sefer Devarim as Mishneh Torah since Moshe Rabbeinu applies HaShem’s teachings to the new situation we are about to face. HaShem approvingly cites Moshe Rabbeinu’s words and incorporates them into the Torah.
Charlie Harary appropriately describes HaShem as an empowering G-d. Moshe Rabbeinu seeks to help us continue to observe Torah and succeed in our divinely ordained mission as the ‘‘Mamleches Kohanim VeGoy Kadosh.’’ HaShem helps Moshe Rabbeinu and dignifies his efforts to the extent that HaShem even incorporates his words into the Torah! Those who make a similar effort to Moshe Rabbeinu are similarly assisted and dignified by HaShem.
