Parashah Insights

by

Rabbi Yaakov Hillel

Rosh Yeshivat Ahavat Shalom

Parashat Devarim

The Lessons of Mishneh Torah

The Book of Rebuke
These are the words which Moshe spoke to all of Israel on the opposite bank of the Jordan, in the desert of Aravah opposite Suf, between Paran and Tafel, and between Hatzerot and Di Zahav (Devarim 1:1). The Book of Devarim is called Mishneh Torah, literally a review of the Torah. The Arizal explains that the Torah consists of four humashim, followed by Humash Devarim, where all the words (devarim) of the Torah itself were reviewed (nishnu) and repeated (Shaar Hakavanot, Derushe Hag HaSukkot, Derush 6). Our Sages point out that the Book of Bamidbar concludes with and these are the commandments (Bamidbar 36:13), while the Book of Devarim begins with and these are the words. Similar terms are used in presenting both Hashems commandments and Moshes reproof, teaching us that Moshes reproof was as precious to the Al-mighty as His Own commandments (Yalkut Shimoni, Devarim 793). The midrash also tells us that the first four humashim explain the mitzvot, while Devarim, the fifth humash, contains reproof and rebuke, making these are the commandments a fitting conclusion for Bamidbar, and these are the words a fitting opening for Devarim. Our Sages discuss the special importance of the reproof in Humash Devarim. The Holy One, blessed be He, said, Moshes rebuke to Israel is as important to Me as the Ten Commandments (Midrash HaGadol). It specifically compares the rebuke to the Ten Commandments, in order to highlight the importance of rebuke. The Ten Commandments are the crown of the six hundred and thirteen mitzvot. If rebuke is even more important than the Ten Commandments, it is certainly greater than all the other mitzvot.

 Rabbi Shimon said, the righteous are fortunate in that that they do not leave the world before they command their sons after them concerning the teachings of the Torah... So too, Moshe Rabbenu did not leave the world until he had rebuked the people of Israel for the sins they had committed, and commanded them to keep Hashems mitzvot, as it says, and these are the words (ibid.) What is the significance of and these are the words? Rabbi Yishmael said, these words (devarim) are equivalent to the Ten Commandments (dibros) which the people of Israel received from Mt. Sinai. What is more, [concerning] the Ten Commandments, even after they said we will do and we will hear, it did not take long before they rebelled against them and said [of the Golden Calf], this is your god, Israel (Shmot 32:4; ibid.). These words [of Moshes rebuke] brought Israel back to the proper path and caused them to cleave to the Holy One, blessed be He, and His Torah, as it says, And you who cleave to Hashem your G-d (Devarim 4:4). The Holy One, blessed be He, said to Moshe, Because Israel cleaved to your words, they will be recalled only by your name, as it says, These are the words which Moshe spoke to all of Israel. The verse does not say which Hashem spoke, but rather which Moshe spoke (ibid.) What maintains the teachings of the Torah which are above? The rebuke which is below... Rabbi Yudan, the son of Rabbi Yehoshua ben Levi, said, how precious is rebuke, which is equivalent to words of Torah. Rabbi Levi, the son of Rabbi Hiyya, said, how do we know that rebuke is equivalent to words of Torah? Concerning the Ten Commandments the Torah says, and these are the words, (Shmot 19:6), and concerning [Moshes] rebuke it says and these are the words (Devarim Rabbah 6, Leiberman ed.). Our Sages define the Mishneh Torah as a book of rebuke, and the Arizal defines it as a book which repeats and reviews all the laws of the Torah. This is not a contradiction; Devarim is both. In Humash Devarim, we find Moshes review of the various commandments taught in the earlier humashim along with new insights, explanations and reasons for each one, as well as relevant words of reproof. The Torah begins with the story of Creation, and goes on to record the genealogy of the nations starting with Adam and his descendents, the lives of our Forefathers and their families, the people of Israels descent to Egypt and their subsequent enslavement there, followed by the Exodus from Egypt, the Splitting of the Red Sea, the Revelation at Mt. Sinai, and the events of their forty-year sojourn in the desert with all its trials, until the nation entered Eretz Yisrael. Alongside the narrative of the nations history, the Torah also teaches Hashems commandments to His people. In Mishneh Torah, Moshe Rabbenu reviews both the events and the commandments, together with additional words of rebuke and guidance in the service of Hashem.

Moshes Methods
Careful study of Moshes method of reproof teaches us an important lesson, applicable even today, about the proper way to impart rebuke. Moshe did not at first confront the people with outright words of rebuke. Our Sages tell us that every word in the first verse of Devarim alludes to an issue deserving of rebuke. Later on in the humash, Moshe spoke about some of these issues in greater detail, explaining the nature of each sin and rebuking the nation at length (Yalkut Shimoni, Devarim 790). The correct way to reprove is by reconstructing the incident, pointing out the weak spots and where and how the fall came about, and explaining the root of the error and how to correct it, whether by reinforcing our faith and trust in Hashem or in other ways. This is what distinguishes the Book of Devarim from the other humashim. In the main, they relate events which took place and teach us the laws of the Torah, while in Devarim, the narrative is accompanied by detailed rebuke and reproof. With this in mind, we can understand the way our Sages arranged the Babylonian and Jerusalem Talmuds. The main purpose of the Gemara is to explain and expand on the halachot recorded in the Mishnah. At the same time, however, the Sages also interspersed aggadic material and ethical teachings together with the halachot. Their purpose was to combine the study of halachah with the study of ethical teachings, a crucial element in maintaining and supporting the fulfillment of halachah. It is interesting to note that the Maharsha followed this principle in the publication of his classic commentary on the halachic and aggadic sections of the Talmud. The earliest edition was published as two separate works. He later decided to have them published together, using different typefaces to distinguish between the commentary on halachah and that on aggadah. These two parts of our Torah belong together; they are inseparable. With this in mind, we can understand why our Sages consider the Book of Devarim to be the sustaining element of the entire Torah. Without the linchpin of ethics and reproof, we will easily succumb to the temptations of sin.

Middot and Mitzvot

Our Sages words teach us the great importance of combining our study of Talmud and the works of the great halachic authorities with the study of mussar, the Torahs ethical teachings. Every serious student of Torah must develop a Torahbased outlook and attitudes, and familiarize himself with the broad range of teachings related to ethics and good character. Halachah cannot stand on its own, without the accompanying support of ethics and rebuke; What maintains the teachings of the Torah which are above? The rebuke which is below. This is why our Sages tell us that rebuke is greater than the Ten Commandments. The Commandments, being purely halachah, were not enough to keep the people from
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sinning with the Golden Calf, while Moshes words of reproof kept them on the proper path for years, in fact, for generations, to come. Our Sages tell us that man is composed of a physical body with a spiritual soul. The Mekubalim teach that there is an additional component interfacing between body and soul: the souls spiritual garment, known as the levush. The soul resides within the garment, which in turn resides within the body. The Torah is related to the soul itself, while the levush is the repository of mans character traits. Rabbi Hayyim Vital discusses the topic of middot in the beginning of Shaare Kedushah, where he raises an interesting question. Our Sages frequently speak about the vital importance of good character traits. And yet, the Torah itself does not have any commandments explicitly related to good character! Mussar and middot are not included among the six hundred and thirteen mitzvot. He explains that the purpose of the mitzvot is to rectify and perfect the soul. We have two hundred and forty-eight positive commandments corresponding to mans two hundred and forty-eight spiritual limbs, and three hundred and sixty-five negative commandments corresponding to mans three hundred and sixty-five spiritual sinews, with every mitzvah connected to a specific limb or sinew. Fulfillment of the commandments completes and perfects the soul, and with it, the body which contains it. The garment, or the levush, is rectified and perfected by the middot some good, others bad which reside there. It is up to us to reinforce the good middot and subdue the bad. Our primary and most important means of personal rectification is achieved through improving our middot. If our middot are defective, we will not succeed in fulfilling mitzvot even if we want to our bad middot will trip us up and topple us into serious sin. For example, let us say we would sincerely like to get up in the morning in time for the sunrise minyan, and maybe even spend some time learning before and/or after the prayers. We know that it would be the right thing to do, but... it is awfully hard to get out of bed that early and hustle down to the synagogue in the pre-dawn chill. In short, we are the victims of our own laziness, a very negative character trait deeply imbedded in our souls garment. Rabbi Hayyim Vital cites the verse, A gold ring in a pigs nose (Mishle 11:22). Mitzvot are beautiful and precious, like a valuable gold ring. If our middot are deficient, we are like a pig poking through piles of refuse, heedlessly dragging the lovely ring in its nose through the dirt. Bad middot sully whatever mitzvot we manage to do. Fulfillment of mitzvot comes from the soul, and middot are the souls garment. The garment is the vessel which contains and preserves the soul. Without the protection and reinforcement of good middot, our Torah will not be very long-lived. The authors of the great classical works of Jewish ethics, among them Rabbenu Bahaye in Hovat HaLevavot and the Ramhal in Mesillat Yesharim, recommend learning halachah together with mussar. They write that one who learns Talmud and halachah exclusively, without the addition of mussar study, will ultimately falter
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in his service of Hashem. Mussar study, directed at improving our middot, has the power to inspire us to strive for truth and careful fulfillment of Hashems Will. Our Sages cite the verse, The fear of Hashem is his treasure house (Yeshayahu 33:6). They comment, If one does not have fear of Heaven as his treasure house, he does not have anything. All his greatest achievements will be considered of no value. They compare it to one who told his servant to bring a large measure of wheat up to an attic storeroom. Afterwards he asked him, Did you mix in a little homtin (a type of soil used as a preservative for wheat)? The servant had not. The master told him, If you did not add the homtin, it would have been better not to bring up the wheat at all (Shabbat 31a). Fear of Heaven is like a storage tower, with the proper conditions for preserving our spiritual wheat; it maintains and supports our study and fulfillment of Torah.

From Sinai
We find a similar concept in the first mishnah in Avot: Moshe received the Torah from Sinai and passed it on to Yehoshua, and Yehoshua to the Elders, and the Elders to the Prophets, and the Prophets passed it on to the Men of the Great Assembly (1:1). We would have expected these fundamental facts of the transmission of our sacred tradition to appear as the first mishnah in Berachot, the opening tractate of the Six Orders of the Mishnah. Why does it only appear later, in the Order of Nezikin, as the beginning of the ethical tractate Avot? The commentary of the Bartenura on this mishnah helps us answer this question. He writes that Avot is different than any of the other Mishnaic tractates. The others deal with halachah, explaining the mitzvot of the Torah, but Avot deals with mussar and middot. While scholars of other nations have also composed ethical works about appropriate conduct, in keeping with their own ideas about humanity and society, these are mere manmade concoctions. Our code of ethics is not the personal invention of the Sages. It too, no less than the halachic sections of the Mishnah, is Torah received by Moshe at Sinai, carefully preserved and transmitted to all subsequent generations. No one can argue with the fact that the Oral Tradition passed down to us by our Sages is imperative for proper understanding of the Torahs commandments. To mention only two examples, without it, how would we know what the totafot we are commanded to place on our arm and head are (Devarim 6:8, 11:18)? How would we know if the fast of Yom Kippur is to be observed on the ninth day of Tishre or the tenth (Vayikra 23:27, 32)? Clearly, our knowledge of how to correctly fulfill these and many other mitzvot is provided by the Oral Tradition given to Moshe at Sinai. However, we may tend to view the ethical teachings of Avot differently. Decent, respectable behavior is a matter of societal norms, developed by each nation for its
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own people. Just as other nations have their customs, we might say, so do we. In our case, our Sages, surely wise and perceptive men, came up with a nice collection of good and useful behavior patterns based on their understanding of man and morals, which they compiled in Pirke Avot. This is why it is specifically the first mishnah in Avot which tells us, Moshe received the Torah from Sinai and passed it on to Yehoshua, and Yehoshua to the elders, and so on. Our ethical teachings are also G-dly wisdom and as such, they too are an intrinsic part of the Mishnah, which embodies the complete Oral Tradition. They are the preservative which maintains and upholds the halachot taught in all the other sections. It is significant that the Rambam, in his monumental halachic code Yad HaHazakah, includes a section on the subject of middot and ethics. Hilchot Deot are an integral element of our laws, essential for the preservation of the Torah.

Achieving Balance
However, as important as the study of mussar is, it must be undertaken in the proper manner and in suitable proportions. The Nefesh HaHayyim discusses this matter at some length (Shaar Daled, Chapters 7-8). He criticizes those who engage exclusively in the study of mussar and other pious topics, neglecting the study of Gemara and halachah. He cites our Sages explanation of the verse which we discussed earlier, The fear of Hashem is his treasure house (Yeshayahu 33:6). As we said, fear of Heaven is the storage tower with the optimum conditions for storing wheat, which is analogous to Torah. What good will a storehouse do us if we lack the wheat to fill it? This is why the Nefesh HaHayyim recommends spending a short time on mussar study before beginning our principal study of Gemara. In fact, he writes that one who learns for many hours at a stretch may even interrupt his learning briefly to reflect on topics related to fear of Heaven, to rekindle the inspiration with which he began his learning. He cites the analogy of the pinch of homtin which preserves the wheat; in order to protect the main body of our learning, we should mix in a dose of mussar (see Shabbat 31a). The Nefesh HaHayyim goes on to explain why this teaching is immediately followed by Rabbi Yishmaels halachic ruling concerning the laws of theft and deception, which would seem to belong more correctly with other related laws in Nezikin. Rabbi Yishmael says that it is permissible to include a small amount of homtin in a load of wheat, selling the entire quantity at the higher price charged for wheat. This is not theft; it is honest business practice, because the homtin is necessary for the preservation of the wheat. The same is true of learning. We may steal a little time from our Gemara study for mussar. We need not worry that we are wasting precious moments, because the mussar will guarantee the continuity of our Torah.
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The Hazon Ish discusses another aspect of the necessary balance between the study of mussar and halachah. He writes that learning mussar without in-depth study of halachah can lead to serious transgressions. Knowledge of halachah is the key to spiritual perfection. He speaks about the concept of a rodef (pursuer) and a nirdaf (the pursued). It is essential that we be able to recognize which of two parties is actually the pursuer, and which is the pursued. The study of the ethical teachings of mussar will fill us with love and compassion for the pursued, and outrage for the pursuer. However, if we are not familiar with the relevant halachot, how we can be certain that we have correctly identified the pursuer and the pursued? Perhaps the individual we perceive to be the injured party is actually at fault, while the other party is not the perpetrator of injustice but rather, its victim. Only the rulings of our great halachic authorities can tell us who is in the wrong or right in a given instance, establishing the truth and correctly defining the pursuer and the pursued (Emunah UBitahon, Chapter 3). The Book of Devarim teaches us an important principle relevant to every area of the service of G-d and the fulfillment of mitzvot. As we explained, our souls garment can only achieve complete rectification and attain perfection through the refinement of our middot. If we do not even know what good middot truly are, how can we hope to acquire them? On their own, the mitzvot, our Torah-ordained obligations, are like a framework. There is another, internal element as well: the way we relate to the mitzvot. This involves subjugating our heart to the Al-mighty and fulfilling His Will to the very best of our ability, strictly for His honor with no ulterior motives, through love and fear of Hashem. If our service of Hashem lacks this internal thought and feeling, it will be empty of all inner content, leaving us with a pathetically hollow frame. This is why we need to learn mussar, filling in the frame of our practical performance with the necessary depth and understanding. The Book of Devarim, which brings together a review of the Torahs commandments with Moshes reproof to our people, teaches us to combine the two complementary elements of halachah and mussar so that we can serve Hashem whole heartedly, to the maximum of our ability.

This essay contains divre Torah. Please treat it with proper respect.
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