Brain And Heart - Tetzaveh 5773

I was delighted to see a Vort in the Ayalas Hashachar from Rav Shteinman. In order to appreciate my delight I have to first review something that Rav Yaakov Kaminetzky writes in Emes L'yaakov on Parshas Vaeschanan on page # 479 on the Posuk 6:5 (בְּכָל-לְבָבְךָ וּבְכָל-נַפְשְׁךָ). Rav Yaakov was fond of saying that it is unusual that there is no word for the brain in Tanach. Moach in Tanach doesn't refer to the brain although it is used that way in modern Hebrew. There is no word for the brain in Torah Shebichsav.

Rav Yaakov is Mechadeish that the word Leiv (which is translated typically as heart) is actually a reference to the brain. We find very often expressions regarding the heart that have to do with wisdom (וְתֵן בְּלִבֵּנוּ לְהָבִין וּלְהַשכִּיל) that is actually a reference to the brain. This is Rav Yaakov's thought. When we say that Tefillin are Neged Haleiv Rav Yaakov explains, it means the Tefillin Shel Rosh which are by the head.

This always disturbed me because in many places the word Leiv seems to refer to the heart nevertheless there are many other places where it seems to refer to the emotions and not to the brain. It says in Shemos 4:14 (וְרָאֲךָ וְשָׂמַח בְּלִבּוֹ) that Aharon will see you and rejoice in his heart. Or the idea of Leiv Chomeid the heart has jealousy, that is not the intelligence that has jealousy it is the emotion that has jealousy. Therefore, this Rav Yaakov remains something of a mystery.

I had heard many years ago that Rav Yaakov saw to make a distinction between the word Leiv and Levav saying that Leiv could mean heart as in the idea of (בְּכָל-לְבָבְךָ וּבְכָל-נַפְשְׁךָ) to serve Hashem with all your heart means with all your intellect and all you're thought. But that is not the way that it is brought in the Sefer and apparently it was not his Maskanah. Ad Kan the Vort of Rav Yaakov.

In this week's Parsha on the Posuk in 28:3 (כָּל-חַכְמֵי-לֵב) Rav Shteinman writes independently the same Yesod. He says he believes that the word Leiv is a reference to the seat of intelligence, the brain. That the brain is referred to in Tanach as Leiv. However, he does go on to add another Nikuda which helps us with the places that seem to be contradictory, that seem to say that Leiv is the heart.

Rav Shteinman asks a Kasha. He asks how can you say that Leiv is the brain when Aharon Hakohen goes toward Moshe Rabbeinu in Parshas Shemos in Perek 4 the Posuk says in 4:14 (וְרָאֲךָ וְשָׂמַח בְּלִבּוֹ) that Aharon will see you and rejoice in his heart. Rashi says as Schar for doing this Aharon was Zoche to the Choshen Mishpat in this week's Parsha and Urim V'tumim that are placed on the heart. The Choshen is certainly not worn on the head it is worn on the chest which is the place of the heart. Therefore, says Rav Shteinman we seem to see that Leiv refers to heart.

Rav Shteinman answers the word Leiv actually means the central point. As it says in Parshas Vaeschanan 4:11 (עַד-לֵב הַשָּׁמַיִם). Or in Mishlei 30:19 as is quoted in the Mishna in Maseches Shabbos 83b (דֶּרֶךְ-אֳנִיָּה בְלֶב-יָם) that the boat travels in the midst of the ocean. So that Leiv doesn't actually refer to specifically intellect the brain or specifically to the heart the emotion. It can be used for either one because the word Leiv is a reference to the essence of the person. It is true, a human being is made essentially of two things. 1. Emotion and 2. Intellect. That is what differentiates the human being from all other animals and therefore Leiv can apply to both. Of course it refers to that Eiver, that limb that pumps blood because that too is the center of the human being. It is what provides blood to the entire body. Here Chacham Leiv means wisdom, wisdom being deposited in the Leiv.

Here we have an addendum to Rav Yaakov which makes his Havana understandable. Leiv is used to refer to the brain, Leiv is used to refer to emotions, and it is even used to refer to the Eiver which pumps blood through our body.

Dig?! - Tetzaveh 5774

Let me end with the question of the week. It has to do with Rashi (אבל מזבח העולה לא היה לו גג, אלא ממלאים חללו אדמה בכל חנייתן) at the end of the Parsha in Posuk 3. Rashi teaches us that the great Mizbaiach which stood in the Chatzeir was not made of any specific material. The form was made but wherever they went Klal Yisrael took earth and filled the inside of this great Mizbaiach giving it its form. So that wherever they travelled they would empty the earth from the Mizbaiach travel with the outside structure and when they arrived at their destination they would fill it with earth again. This is Rashi's description of the Mizbaiach.

The question is the following. In Hilchos Shabbos we have a concept of Melacha She'ain Tzricha L'gufa. A person is only Chayuv for a Melacha he does on Shabbos if he does it for the same purpose as it was done in the Mishkan. The Gemara in Maseches Shabbos 73b (17 lines from the bottom) says (החופר גומא בשבת ואינו צריך אלא לעפרה פטור עליה) if one digs a hole on Shabbos, he digs a pit and he doesn't need the pit all he needs is the earth, that is a Melacha She'ain Tzricha L'gufa and he is Patur. Why? Because it is not for the purpose of the hole. The Gemara seems to be saying that the digging was done to plant seeds, to make a hole with which to plant seeds or with which to replant a tree and that tree would give the wood for the Mishkan or some dye for the Mishkan, whatever it was. The Kasha is how can you say that, how can you say that by digging you don't need the earth and it is Melacha She'ain Tzricha L'gufa. They did need to dig for the earth. When they arrived at any destination to set up the Mishkan they had to dig for the purpose of the earth. The earth would fill the Mizbaiach. It seems to be a great Kasha and I don't have a Teretz for you now which is all just as well since my time is up for today's Shiur.

Night Seder - Tetzaveh 5774

When my children were young we had a game we used to play occasionally around the Shabbos table. The game involved trying to think of names of different Parshios that had the same Shoresh in their name. In other words, to find for example Parshas Vayishlach, Parshas Shelach, and Parshas Beshalach those are three Parshios that have the same Shoresh in the name of the Parsha. There is one other which is three and maybe you can figure it out. There are numerous that are just two. It was sort of a challenge at the Shabbos table. You can't play it every week but every year or so we would try to come up with names of Parshios.

This week is Parshas Tetzaveh and naturally it would come up at the Shabbos table that Parshas Tetzaveh and Parshas Tzav come from the same Shoresh (root word) and then we would go on. The question that we will deal with today is what is that connection between Parshas Tetzaveh and Parshas Tzav? Or better yet, let me start from another direction.

We find very many times that Moshe Rabbeinu is told (דַּבֵּר, אֶל-בְּנֵי יִשְׂרָאֵל), speak to the Jewish people. Or Emor Lahem, say to the Jewish people. What is the difference between Dabeir and Emor? So we have a concept that one is speaking in a soft tone and one is speaking in a tough tone. Dabeir and Emor each have their own meaning. On rare occasions we find Tzavei or Tzav, command the people. Very often we have (כַּאֲשֶׁר צִוְּךָ) Ka'asher Tzivcha Oscha Elokim in the past tense but that Moshe Rabbeinu is told to go to the Jewish people and Tetzave or Tzav that is rare indeed.

We find it here in the beginning of this week's Parsha. The commandment of Tetzave in regards to the lighting of the Menorah as is found in 27:20 (וְאַתָּה תְּצַוֶּה אֶת-בְּנֵי יִשְׂרָאֵל, וְיִקְחוּ אֵלֶיךָ שֶׁמֶן זַיִת זָךְ כָּתִית--לַמָּאוֹר: לְהַעֲלֹת נֵר, תָּמִיד). Interestingly enough we find it again in Parshas Emor in 24:2. (צַו אֶת-בְּנֵי יִשְׂרָאֵל, וְיִקְחוּ אֵלֶיךָ שֶׁמֶן זַיִת זָךְ כָּתִית--לַמָּאוֹר: לְהַעֲלֹת נֵר, תָּמִיד). So we have a second time that regarding the Menorah specifically we find the command of Tzav. Of course we find it as well in the beginning of Parshas Tzav where the Parsha discusses the bringing of the Olah at night. What I mean to say is that there was not a lot of Avodah done in the Bais Hamikdash at night, but the burning of the parts of the Korbanos which had not been completely burned by day or if there was not enough time to burn it at all there is a (צַו אֶת-אַהֲרֹן וְאֶת-בָּנָיו לֵאמֹר) that says (זֹאת תּוֹרַת הָעֹלָה: הִוא הָעֹלָה עַל מוֹקְדָה עַל-הַמִּזְבֵּחַ כָּל-הַלַּיְלָה, עַד-הַבֹּקֶר, וְאֵשׁ הַמִּזְבֵּחַ, תּוּקַד בּוֹ) as is brought down in Vayikra 6:2. That there is a Mitzvah to burn the Eimurin overnight. There too, we have this expression of Lashon Tzav.

Halo Davar Hu! What is the similarity between the two? Rashi in Parshas Tzav says (אין צו אלא לשון זרוז מיד ולדורות). Tzav is a language of Ziruz, being Mizareiz someone. Telling someone to get it done. Inspiring someone to do it. So that when Tzav is used it is a Lashon that requires an extra amount of Zerizus in the performance of the Mitzva. What is similar about the lighting of the Menorah and the burning of the leftover Eimurin overnight that would say that that similarity requires a Lashon Ziruz? There is something unique about these two. Because you see the Bais Hamikdash was a daytime enterprise. It has Mitzvos which are to be performed all day, even the lighting of the Menorah is done by day. What we find unique about these two Mitzvos is that they go through the night. (הִוא הָעֹלָה עַל מוֹקְדָה עַל-הַמִּזְבֵּחַ כָּל-הַלַּיְלָה, עַד-הַבֹּקֶר). In the case of the Neiros as it says in this week's Parsha by 27:21 and Vayikra 24:3 (יַעֲרֹךְ אֹתוֹ אַהֲרֹן מֵעֶרֶב עַד-בֹּקֶר). We find the commandment that these two Mitzvos are just about unique in the Bais Hamikdash since they are Mitzvos which have to be done in the overnight period. If the Menorah would go out at night it would have to be relit. Although there was a time during the day for the lighting but it was an overnight Mitzvah. Something which required a Ziruz overnight.

It is human nature that when night comes we sort of turn off. When night comes we feel that it is a time for relaxation, it is a time to take it easy. Chazal interestingly have two contradictory expressions. It says in Maseches Eiruvin 65a (21 lines from the bottom) (א"ר שמעון בן לקיש לא איברי סיהרא אלא לגירסא), night was created only for Torah study and it says (a line above that) (אמר רב יהודה לא איברי ליליא אלא לשינתא) that night was created for sleeping. Indeed it depends on the person. Somebody who is capable of Learning learns, of course sleeping time is also at night. That struggle is a constant struggle. A Mitzvah which is an overnight Mitzvah, a Mitzvah which takes place after the sun has set at a time when a person can tell himself I need to go to sleep, I need to rest, I need to relax. That Mitzvah needs a special Ziruz.

We find a third Mitzvah in the Bais Hamikdash and that is not mentioned in a Posuk but is mentioned in a Mishna in Maseches Tamid. The Leviim had a Mitzvah of Mishmar, guarding the Bais Hamikdash at night. That guarding was Lav Dafka to guard from thieves but the honor of the Bais Hamikdash is that there is a guard there all the time. The Mishna says that the Kohanim would go around and check to see if the Leviim were where they were supposed to be and if they were awake. If they were asleep the Mishna says that the Kohen had permission to light the clothing of the sleeping Levi which would certainly awaken him and make sure that he doesn't do it again. Again, we find this idea of Ziruz Dafka for something which is at night. The truth is we find a third Mitzvah where we have a Lashon of Tzav and we say it every day in Korbanos from Parshas Pinchas. (צַו אֶת בְּנֵי יִשרָאֵל וְאָמַרְתָּ אֲלֵהֶם. אֶת קָרְבָּנִי לַחְמִי לְאִשַּׁי רֵיחַ נִיחחִי. תִּשְׁמְרוּ לְהַקְרִיב לִי בְּמועֲדו). That is the Mitzvah of the Korban Tamid. You see the Korban Tamid is at the edge of the night. It is the very first morning Mitzvah. It would be performed at the first light on the horizon, the Korban Tamid would be brought. Here again, it is easy for a person to say I am tired and I need to stay in bed. Ziruz is an awakening. The Menorah represents Torah study. Night time is a time for Torah study. People are strange. People tell themselves that they are tired and that they have to go to sleep, they can't be in the Bais Medrash, Mishmar is too hard and they Drei around their house doing all sorts of silly things anyway and don't go to sleep.

Sleep is a funny Yeitzer Hora. Eating is something which gives a person pleasure. While going to sleep is pleasurable to many people, actual sleep is an unconscious thing and it really gives people no pleasure at all. A very strange Yeitzer Hora. Ziruz is a requirement of the Torah to be Mizareiz when it comes to the night. Nothing will happen to you if you get an hour less sleep tonight. Nothing will happen. You won't get sick from it G-d forbid, you certainly will not have any fatal reaction to it. You will be fine. Shabbos will come and you will catch up a bit. Nothing will happen if you are in the Bais Medrash a little longer. No negative thing will happen. It is the Yeitzer Hora that pulls us out. So many people have told me that Mishmar is such a beautiful thing. If it is such a beautiful thing then why aren't you there, where are you? Ziruz Mai'erev Ad Boker, from evening until morning. The light of the Menorah is the light of Torah.

Clothes Make The Work, Clothes Make The Man - Tetzaveh 5775

I would like to share with you today the Chakira, the insight of Rav Yosef Engel (1859 - 1910) both in his Sefer Asfan D'oraissa in Siman 19 and his Sefer Bais Ha'otzer where he has a Chakira, he has a question regarding the Bigdei Kehunah, the clothing that the Kohen wore at the time that he did Avodah. His Chakira is whether Bigdei Kehuna is a Halacha in the Kohanim (a Halacha in the people) or is it a Halacha in the Avoda that has to be done. I will explain. 

The first Tzad that it is a Din in the Kohanim is based on a Gemara in Maseches Zevachim 17b (7 lines from the bottom) where the Gemara uses the expression (בזמן שבגדיהם עליהם כהונתם עליהם) when they are wearing the Bigdei Kehuna than they are considered Kohanim. Later on Daf 24b (9 lines from the bottom) the Gemara uses the expression (בכיהונו) and Rashi uses the expression (בבגדי כהונה) a Kohen when he is a Kohen means he is wearing the Bigdei Kehuna. In other words, a Kohen who is not wearing Bigdei Kehuna does not have the status of a Kohen that can do the Avoda in the Bais Hamikdash. Part of the definition of a Kohen is that he is dressed as a Kohen. That is one way to understand it. 

The second way to understand is that it is a Din in the Avoda. That every bit of Avoda in the Bais Hamikdash whether it is the burning of the Korbanos or the burning of the Ketores whatever it is, the Avoda requires a person to be wearing the Bigdei Kehuna. The Raya to this is on Daf 88b (21 lines from the top) in Zevachim where it says that (בגדי כהונה מכפרין) the Bigdei Kehuna as is well known brings Kaparah. That is a Din in the Avoda. Avoda is something that is Mechapeir. A Raya to this is that a Kohen who is doing other Kohen jobs not related to Avoda, like for example being a Kohen for a Pidyon Haben, Duchaning, eating Teruma, or accepting Terumah, none of these things requires wearing Bigdei Kehuna. So you can't say that it is a Din in the Kohen so it must be a Din in the Avoda of the Bais Hamikdash, the Avoda requires Bigdei Kehuna. 

Nafka Mina. What is the difference if the Begadim are a Din in the person (a Din in the Gavra) or a Din in the Avoda? The Nafka Mina is if a Kohen Hedyot did the Avoda on Yom Kippur wearing the four Begadim he normally wears. If the Kohen Hedyot did the Avoda on Yom Hakkipurim certainly that is a violation of Halacha, which violation is it? If you learn that Bigdei Kehuna is a Din in the Kohen so the Kohen Hedyot was wearing the right Begadim but doing the wrong Avoda because it says Aharon Hakohen and we Darshun that not a Kohen Hedyot, so then he is Over a Mitzvas Asei. Then the Kohen Hedyot who does the Avoda of Yom Kippur is Over a Mitzvas Asei of Aharon Hakohen and not a Kohen Hedyot. However, if you learn that Bigdei Kehuna is a Din in the Avoda, that would mean that Avoda of Yom Kippurim needs 8 Begadim, it is a Din in the Avoda that you need a Kohen who wear 8 Begadim. If a Kohen Hedyot does the Avoda on Yom Hakkipurim then he would be violating the Issur of Mechusar Begadim as he is doing an Avoda which requires 8 Begadim and he is wearing four which is much more serious. Doing Avoda while a Michusar Begadim is Chayuv Misah Bidai Shamayim. So this is the Kler of Rav Yosef Engel, are the Bigdei Kehuna a Din in the person or is it a Din in the Avoda itself. 

Rav Pam in mentioning this Chakira would point to the Ohr Hachaim Hakadosh in this week's Parsha 28:2. The Ohr Hachaim Hakadosh Teitches the Posuk. (וְעָשִׂיתָ בִגְדֵי-קֹדֶשׁ, לְאַהֲרֹן אָחִיךָ, לְכָבוֹד, וּלְתִפְאָרֶת). The Bigdei Kohen the Torah says are made (לְכָבוֹד, וּלְתִפְאָרֶת). According to the Ohr Hachaim Hakadosh "Lo Tach'shov Ki Habigadim L'tzorchei Avodah L'vad." Don't think that it is a Din in the Avoda. He says "Lo Chain, Hu Ainam Ela L'kovaod." Certainly it is a Din in the person. Does he mean that it is a Din of both? The Nafka Mina is when Moshe Rabbeinu did the Avoda in the Shivas Yimai Hamiluim if it is a Din in the Avoda then he had to have Bigdei Kehuna and if it is a Din in the Kohen then it is a Shaila if Moshe had a Din of a Kohen on those days.

And so, in a short synopsis of what really is a long topic, there are two possibilities in the defining job or defining identity of the Mitzvah of Bigdei Kehuna. Either it is the image of a Kohen, if the Kohen is wearing Bigdei Kehuna, or the Kohen Gadol wearing Bigdei Kohen Gadol, or it is defined by the Avoda and the Avoda in the Bais Hamikdash has many rules and one of the rules is that it needs Bigdei Kehuna. 

This is a Lomdishe Kler, however, there is a lesson as always in every single Chakira. Here the lesson is a very important one. When we put on clothing there are two things that we take into consideration when choosing clothing to wear. One of course is the Avoda, what is it we are going to do? If we are going to a wedding we wear certain clothing, if we are going to build a Sukkah we wear other clothing, if we are going to sleep we wear other clothing. Certainly we choose clothing based on the work that is being done. We also choose clothing based on the Gavra, based on the person. There is a certain identifying characteristic in a person wearing certain clothing it projects a certain image of himself. So that when someone wears clothing it is a defining characteristic of a person the way he chooses to project himself and it is an aspect of what is being done. 

When Bnei Torah are in Yeshiva, Bnei Torah dress a certain way. It is hard to know, is it the costume for this particular work, a Ben Torah that requires a certain dress code or is it the Gavra, is it the person who is a Ben Torah who is the person and the clothing he wears defines the person or both. Well then he goes to work. I Imagine when you go to work you dress based on the dress code of where you go to work. The question is when a person goes to work are the clothing he wears changing because suddenly he has a different job and therefore, a different uniform is needed. Or, is the person himself changing. Is he changing now to a non-Ben Torah, someone who is a working person. What we see from here is that the Begadim are something that defines the person. It may not define the person to other people but it certainly defines him in the eyes of the person himself. It is an important thing to recognize when a person dresses a certain way because he has a job, that is for the job, the person is a person. A policeman, a fireman, a sanitation worker doesn't wear his work clothes when he is in his private life, the same thing should be true of a Ben Torah.

The Psychological Effect Of Mordechai's Ride On His Critics - Purim 5775

I would like to share with you a thought on Purim that I think is maybe, perhaps at least a defining moment in the Megillah that we might sometimes miss. As you all know, Megillas Esther is a story of a number of incidents that took place each of which is natural but taken together cause an incredible event to take place and that is what we call the miracle of Purim within nature. Every piece of the Megillah is part of the puzzle. The question is the incident where Haman leads Mordechai through the streets of Shushan on the King's horse and in the King's robes and Haman is announcing as it says in 6:11 (כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר הַמֶּלֶךְ חָפֵץ בִּיקָרוֹ). How does that fit in to the puzzle of the Yeshua of Klal Yisrael? It would seem from the Megillah that that contributes nothing. After all, as soon as Haman finished leading Mordechai through the streets, Mordechai goes back to wearing sackcloth and fasting as the decree against the Jewish people is still in effect. The fasting that is taking place in Shushan is still taking place and the Mishteh Hayayin, that moment where the Ribbono Shel Olam saves Klal Yisrael has yet to occur. How does that fit into the story? 

I recently saw a beautiful thought in the name of the Alter of Kelm one of the great Talmidim of Rav Yisrael Salanter and he explained beautifully as follows. He says think about the story of the Megillah. A decree was issued against the Jewish people. There is no doubt that Jews everywhere were in a uproar, they were tumuling. What is going on? They had questions for Hashem and they had questions for each other. The Gemara says that they criticized Mordechai and they said Mordechai did this. After all, didn't Mordechai do it? The rest of Klal Yisrael bowed to Haman and it wasn't just the Amei Ha'aretz (ignoramuses) who bowed to Haman. There were Jews who Paskened, Talmidai Chachamim that Paskened, that from Halacha it is permitted. Tosafos says that they bowed to Haman because Haman is a person and he was not an Avoda Zorah, he was a leader. He demanded that they bow before him. And so, they held that it was Muttar. One man didn't bow and that was Mordechai. Mordechai not only didn't bow but he didn't stand up when Haman passed. He wouldn't show him any type of notice. Klal Yisrael had big complaints against Mordechai. Mordechai was a Daas Yachid, an individual opinion L'halacha, and he is wrong. Klal Yisrael is following the other Poskim and they were very critical of Mordechai. They said Mordechai did this to us. Then they are fasting for three days. One morning they wake up in the morning and there is an uproar in the streets of Shushan. This was not something that they had anticipated. After all, there were no newspapers and no radio broadcasts, everything happened after midnight. After midnight when Achashveirosh could not sleep as it says in 6:1 (בַּלַּיְלָה הַהוּא, נָדְדָה שְׁנַת הַמֶּלֶךְ). This took place at midnight. Achashveirosh tells Haman 6:10 (מַהֵר קַח אֶת-הַלְּבוּשׁ וְאֶת-הַסּוּס כַּאֲשֶׁר דִּבַּרְתָּ) do it quickly. There was no time to make announcements. There they are in the morning and there is an uproar in the street. What is going on? They look and they see, could it be, Haman is leading Mordechai on a horse dressed in the kings robes on the kings horse and he is announcing before him (כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר הַמֶּלֶךְ חָפֵץ בִּיקָרוֹ). The Jews looked at it and they were astounded. They didn't know what to make of it. The decree against the Jews were still in effect. The Yeshua was still to happen. That was the Yeshua in the world. The Yeshua that is revealed in the revealed world. In the hearts of the Jewish people they understood, and they said to themselves we don't get this we don't understand. The one thing we see is that Mordechai knows what he is doing. I don't know how this happened but something that Mordechai is doing is right if this could happen. And suddenly their objections to Mordechai, the blogging, the Lashon Hora, the complaints to Mordechai came to an end. The talk of politics came to an end. The people lined up behind Mordechai. Now the Jewish people were worthy of the Yeshua that was still to take place that evening. Something big happened, something tremendous happened and we end the Megilla with the words as the description of Mordechai Hayehudi as being 10:3 (וְגָדוֹל לַיְּהוּדִים, וְרָצוּי לְרֹב אֶחָיו). That is also a part of V'nahavoch Hu, it is also a change. It is a change that we don't always notice because we know Mordechai as the hero of the Megillah. We don't realize that until that point Mordechai was not a hero to most of the Jewish people. As a matter of fact, they had complaints to him. And so, that is an extraordinary moment a moment from which there is much to learn. 

-- א"ה וכעין זה בשם הגר"א לגבי המן שנשברה רוחו
http://navitapes1.blogspot.com/2012/03/missing-puzzle-piece-purim-5772.html

The Missing Mitzvos - Devarim 5769

In his introduction to Sefer Devorim, the Ramban writes B'lashoin Safeik whether the additional Mitzvois that are told to Klal Yisrael in Sefer Devarim were told here at the end of the 40 years in the Midbar or were they told earlier and for whatever reason they were written here. It is a Davar Pele, because the Ramban has a Tzad that perhaps all these Mitzvois were not Noiheig in the Midbar and for whatever reason the Ribboinoi Shel Oilam pushed it off until this point.

Chumash Devarim has many common Mitzvois like Kriyas Shema, Birchas Hamazon, Kiddushin, Gittin, and Yibum. In Parshas Ki Seitzei there are the rules of who a person is permitted to marry. As a matter of fact, Chumash Devarim has more Mitzvois than any of the other Chumashim. Yet the Ramban says, that these Mitzvois were said here at the end.

Interestingly, the Kli Chemda at the beginning of the Parsha brings a Teshuvas Haratbaz in Kli Chemda, Gimmel. The Ratbaz is Matmia on the Ramban. He says could it be that Moshe Rabbeinu hid his Nevua for 40 years? The Kli Chemda says this isn't such a Shtarke Kasha because the Ribboinoi Shel Oilam told him to hide it. There is a Prat that is very Shver. The Ramban says that maybe the reason why Hakadoish Baruch Hu pushed it off until here is because these Mitzvois are Mitzvois She'ainoi Tidiroi, meaning they are Mitzvois that don't come up all the time. Many of them are Noiheg only in Eretz Yisrael and it wasn't important to mention them prior to here. The problem of course is Birchas Hamazoin and Kriyas Shema that does come up all the time. Regarding Birchas Hamazoin, the Kli Chemda says something very interesting.

In Maseches Berachois 20b that was mentioned last week in connection with the Machloikes Rashi and Toisafos regarding if women are Mechuyav in Birchois Hamazoin Midioiraisa, Rashi 32 lines from the top in Dibbur Hamaschil Oi Dirabanan says that Eretz is Mi'akeiv in Birchas Hamazoin (או דרבנן. דכתיב על הארץ הטובה אשר נתן לך (שם)והארץ לא נתנה לנקבות להתחלק ואי משום בנות צלפחד חלק אביהם הם דנטלו שהיה מיוצאי מצרים). Since women don't have a Cheilik in Eretz Yisrael they wouldn't be Mechuyav Midioiraisa in Benchting. The Kli Chemda says very Geshmak, Klal Yisrael in the Midbar didn't have a Cheilek in Eretz Yisrael, so Mimeila they weren't Michuyav in Birchas Hamazoin the whole 40 years that they were in the Midbar. It fits well. The Gemara says Kisheyarad Lahem Haman Tiken Lahem Moshe Birchas Hazon. Moshe Rabbeinu made a Takana, so it is a D'rabanan that they should say the first Beracha of Benchting until Hazon Es Hakoil. The Beracha of Noide L'cha that discusses Eretz Yisrael wasn't Mesaken at that time. Moshe was Mesakein the Beracha in order for Klal Yisrael to give thanks and Hakaras Hatoiv for the Man. It is very Geshmak according to this that the Mitzvois were Einoi Tidiroi. The Gemara says that they were able to buy Chitim from the Bedouins that roamed in the Midbar so it was Einoi Tidiroi. According to this, it wasn't even Shayich to them the Mitzvah of Birchas Hamazoin and Mimeila it is Geshmak that the Mitzvah wasn't given until later.

There is a question regarding the Tefillin that they wore. The Mitzvah of Tefillin is in Parshas Bo, however, 2 of the Parshois of Tefillin (Shema and Vehoiya Im Shamoi'a) are first here in Chumash Devarim. So what type of Tefillin did they wear? Here we can't say that they weren't Mechuyav in Tefillin because they were Mitzuva in Parshas Bo. The Brisker Rav says that they had Tefillin with all 4 Parshios. However, the Parshios of Shema and Vehaya have 2 Dinnim. There is one Din that they are part of Torah meaning it didn't exist until here and the other Tzad is that it is part of Tefillin and Tefillin they received as a Mitzvah in Parshas Bo already with these 2 Parshios included.

A last question on the Ramban is that the reading of Kriyas Shema since it is done daily how could the Ramban say that the Mitzvois listed in Chumash Devarim are Mitzvois that are Einoi Tidiroi?

Kim'at the last Shiur that I heard from Rav Moshe was when the Yeshiva had just started learning Maseches Gittin. Rav Moshe mentioned that the first Toisafos in Gittin which is Dibbur Hamaschil Hameivi Get (המביא גט. אע"ג דלשאר שטרות פעמים נמי קרי גט כדתנן בהשולח (לקמן דף לד:) אין עדים חותמין על הגט אלא מפני תיקון העולם ואיירי בכל שטרות ובפרק התקבל (לקמן דף סד.) נמי תניא וכן לגיטין ומפרש התם גיטי ממון מ"מ לא הוצרך לפרש כאן גט אשה משום דברוב מקומות היכא דקתני גט סתם איירי בגט אשה ומה שנוהגים לכתוב י"ב שורות בגט אומר ר"ת משום דגט גימטריא י"ב ור"י שמע בשם רב האי גאון ובשם רבינו סעדיה משום דכתיב ספר כריתות כשיעור י"ב שיטין המפסיקין בין ארבעה חומשי ספר תורה כדאמר בבבא בתרא (דף יג:) שצריך להניח ארבעה שיטין בין כל ספר וספר והפסק שבין וידבר למשנה תורה לא חשיב שאינו אלא חוזר ושונה מה שלמעלה) explains that the reason why a Get has 12 lines is Merumez to the blank lines between the Chumashim in a Torah. Between every Chumash is 4 blank lines which is = to 12 lines (between Beraishis and Shemos (4), between Shemos and Vayikra (4), and between Vayikra and Bamidbar (4)). What about the 4 blank lines between Bamidbar and Devarim? Toisafos says 3 lines before the end of that Toisafos, V'hefseik Shebain Vayidabeir L'mishne Torah, Loi Chashiv, She'einoi Ela Choizer V'shoine Ma Shelamala. Meaning there is nothing new in Devarim and it is only Chazarah from what was mentioned earlier. Rav Moshe asked, there are more Mitzvois in Devarim than in any other Chumash?

Rav Moshe answered if Klal Yisrael had not been in the Midbar for 40 years there would not be a Chumash Devarim. However, where would these Mitzvois be? There are Parshiyois in the Torah that are full of the Chataim of Klal Yisrael. For example, Ki Sisa - Eigel, Shelach - Meraglim, Koirach. Had it not been for the Chataim, the MItzvois would have been there. Like this the Torah would have been complete after only 4 Sefarim.

J096

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