This week’s parsha contains the material for what makes up a large part of Masechtos Gittin, Kiddushin, and Yevamos (dealing with laws of divorce, marriage, and levirate marriage respectively). Rav Yaakov Kamenetsky (in his sefer Emes L’Yaakov) asks an interesting question.
Rav Yaakov’s question is based on the premise — which he discusses several times in his sefer– that Sefer Devorim deals with the laws which pertain to the Jewish people as a national entity (tzibbur). Sefer Devorim was addressed to Klal Yisroel at the end of the lifetime of Moshe Rabbeinu. Moshe is aware that he will not lead them into Eretz Yisroel. He wants to tell the people as a community how they will have to live.
The first three parshiyos (Devorim, Vo’eschanon, Eikev) are basically mussar shmoozen [lectures], chastising the people for all their shortcomings and their misdeeds during the dessert sojourns. Time after time, Moshe warns about not following the sinful ways of the people of the land whom they will displace. However, the following parshiyos – Parshas Re’eh, Shoftim, and Ki Seitzei -virtually entirely contain laws that affect the Jewish people as a whole. Re’eh contains the laws of Ir HaNidachas [the City that worships idolatry], the laws of (both true and false) prophets, the law of the enticer (meisis). Parshas Shoftim contains the laws of judges, police, and monarchy – the judicial and executive branches of government, the essence of communal infrastructure. Parshas Shoftim also contains the laws of going to war, the cities of refuge, the laws of murder – all societal matters. Ki Seitzei continues the laws of war.
It is in fact the opinion of Rav Ya’akov Kamenetsky (based on a Rashi in Sefer Yehoshua) that the second Sefer Torah which a king is responsible to write (as described in Parshas Shoftim) is not the entire Torah (as is the opinion of many Rishonim), but rather is only sefer Devorim. This second Sefer Torah is the Sefer Torah that was to accompany him at all times and which he was supposed to study all the days of his life. Sefer Devorim thus becomes the manual of the monarch, the scroll that deals with the national laws of the Jewish people.
[Rav Yaakov notes in a footnote that he once knew a shochet who would review the entire Hilchos Shechitah every 6 months. He studied the first three Perokim of Maseches Chullin followed by the Tur, Beis Yosef, and Shulchan Aruch sections in Yoreh Deah relating to Hilchos Shechitah. He would say “This is my profession. I need to know Hilchos Shechitah cold!”. Rav Ya’akov applied the pasuk “For in the Torah of Hashem is his desire and in his Torah he will contemplate day and night.” (Tehillim 1:2) to that shochet. Rav Ya’akov interprets – that the righteous person ideally wants to learn the entire Torah but he must constantly study “his Torah” – that which relates to him and his profession. He must know that section cold! Sefer Devorim is the King’s manual, which he must review constantly.]
Based on this premise, Rav Ya’akov Kamenetsky asks what the laws of kiddushin and gittin [marriage and divorce] are doing in sefer Devorim? The laws of Gittin, Kiddushin, and Yevomos belong in Parshas Achrei Mos in Sefer Vayikra. That is the source of the laws of who one can and can’t marry. Likewise, the laws of excluding a mamzer [illegitimate birth], Egyptians, Moavites, Ammonites, and so forth that are in this week’s parsha all belong in Achrei Mos! What are they doing in Ki Seitzei?
Rav Ya’akov Kamenetsky answers, perforce we must say: Marriage is not just a matter affecting an individual man, an individual woman, and their families. Marriage affects the Jewish nation as a whole. Klal Yisroel is nothing more than a group of families that are married. This is the old adage – a chain is only as strong as its weakest link. The links that make up the chain of Klal Yisroel are families.
Who a person marries and whom he is and is not allowed to marry and all the associated laws correctly belong in Sefer Devorim.
We speak about “building a faithful house IN YISROEL”. The people who we are not allowed to marry are called “pesulei kahal” [those invalidated from becoming part of the community]. The restrictions of marriage are all about maintaining the sanctity of the kahal. We cannot have Ammonites, Moavites, and mamzerim among us.
Halachah reflects this principle too.
If a chosson comes to shul during sheva berachos week, tachanun is omitted. The chosson is celebrating a personal Yom Tov. Tachanun is not recited on Yom Tov, so we don’t say tachanun when a chosson is present. A mourner also does not recite tachanun. If a mourner needs to be present in shul the rest of the congregation does recite tachanun. Only the mourner privately omits it. The mourner’s aveilus [mourning] is a private matter. It does not impact the tefillos of others. However, the rejoicing of the chosson is a communal simcha. We all rejoice in the establishment of a new Jewish household.
For this reason, the laws of marriage and divorce belong in Sefer Devorim. They have national impact! (R’Frand)
