And not with
you alone do I enter into this covenant and this curse. Rather with those who are here with us
standing today before Hashem our G-d and those who are not here with us
today. (Devarim 29:14-15)
Moshe’s final address to the people comes to its
conclusion. He tells the nation that
they are entering into a covenant with Hashem to observe His Torah. Moshe explains that this covenant does not
bind merely the current generation. It
will establish a relationship that will extend throughout history. Future generation of Bnai Yisrael will be
obligated to observe the commandments as a result of this commitment. These future generations will be subject
also to the blessings and curses that accompany the covenant. An obvious question emerges. How could the people Moshe addressed
obligate generations that did not exist?
Why should those not yet born be obligated to be faithful to a bargain
into which they had not personally entered?
This covenant was not made between Hashem and
individuals. It was an agreement
entered into by Hashem and the nation of Bnai Yisrael. The nation is not just those living in a
single generation. The nation consists
of all Jews – those who lived in the past and those who will live in the
future. The present generation is only
the current membership of Bnai Yisrael.
When Moshe’s generation entered into the covenant
they acted on behalf of the nation of Bnai Yisrael. Therefore, their commitment
was binding upon all members of the nation in all future generations. This includes those present that day and
those not yet born.
The hidden
things are the concern of Hashem your G-d.
Regarding the revealed things, it is ours and our children’s
responsibility forever to observe the words of this Torah. (Devarim 29:28)
The commentaries dispute the meaning of this
enigmatic pasuk. Rashi explains that the nation was to accept
communal responsibility for observance of the Torah. This weighty obligation is not easily fulfilled. Some sins are performed in the open. These can be addressed by the
community. However, many of the
obligations of the Torah are performed in the privacy of one’s home or in the heart. How can the community bare responsibility
for these private areas of observance?
Rashi understands the pasuk to
respond to this issue. The community is
obligated to encourage Torah practice in all of its observable forms. This obligation does not extend to those
observances that are hidden from the community. In these areas, the community is not duty-bound to ensure
observance. This is Hashem’s domain. He will deal with the private practices and
thoughts of the human being.[1]
Nachmanides offers an alternative interpretation of
the pasuk. Not all of our sins are revealed to us. Sometimes we commit a sin unknowingly. The pasuk explains that
we are not responsible for these errors.
Instead, we must apply our full attention to repenting from those
iniquities of which we are aware.[2]
Nachmanides comments can perhaps be understood on a
deeper level. Repentance assumes that
we have the ability to control our actions.
This is not always the case.
Sometimes we are confronted with a behavior we are truly incapable of
controlling or altering. In general,
these behaviors stem from motivations we do not fully understand. Because these motivations are hidden, they
are impossible to uproot. We find
ourselves powerless to correct our behavior.
Possibly, Nachmanides is discussing this issue. These sins are referred to as hidden. This is because the observable sinful
behavior is only the outward expression of the hidden aspects of our
personality. We are not held
responsible for these sins that we cannot control.[3]
When all of Israel comes to appear before Hashem you G-d, in the place that He will choose, read this Torah before all of Israel, in their ears. (Devarim 31:11)
This pasuk
discusses the mitzvah of HaKhel.
This mitzvah is observed
during the Chag of Succot in the year following the
Sabbatical year. On this date, the
entire nation assembles in the courtyard of the Temple. The king reads, to the nation, portions of Sefer Devarim.[4]
On which day of Succot
is the mitzvah performed? The Talmud explains that the reading takes
place on the first day of Chol HaMoed.[5] This is not specifically mentioned in the
Torah. Why this day? Rashi explains that the mitzvah should be performed as early as possible during Succot.
However, it is impossible to observe the mitzvah on the first day.
Therefore, the observance is postponed until Chol HaMoed.
Why can the commandment not be observed on the first
day of Succot? Rashi explains that the answer lies in
understanding the manner in which the mitzvah
is performed. The king ascends onto an
elevated platform. He reads to the
nation from this elevated place. This
platform cannot be assembled before Yom
Tov. The platform would occupy
needed space during the first day. The
nation comes to the Temple to offer sacrifices on the first day. Every inch of the courtyard is required to
accommodate the crowd. The laws of Yom Tov prohibit the construction of
this platform on the first day of Succot. Therefore, the platform cannot be assembled
until Chol HaMoed.[6]
Tosefot object to Rashi’s explanation. They agree that the mitzvah is
performed on the first day of Chol HaMoed. They also agree that the Torah is ideally read from this elevated
platform. However, they argue that the
reason for the assignment of the mitzvah to the first day of Chol
HaMoed is not related to the requirement of reading from an elevated
platform. It is a consequence of other considerations. Their reasoning is that although a platform
is appropriate, the mitzvah is still
fulfilled without this element. If the
best time to perform the commandment were the first day of Succot, then the mitzvah
would be observed at that time. The
platform would be forgone in order to perform the mitzvah at the proper time![7]
It is possible that the explanation of this dispute
lies in understanding the role of the king in this mitzvah. Why does
specifically the king read the Torah to the nation? There are two possible explanations. The first is that this is one of the roles of the king. The king is charged with the duty of leading
the nation according to the mitzvot
of the Torah. This requires that he
teach its laws to Bnai Yisrael and encourage observance. The mitzvah
of HaKhel provides the king with the
opportunity to discharge this duty.
There is a second possibility. This mitzvah
is not one of the duties of the king.
Then why is the king chosen to read to the nation? This glorifies the Torah. The king is the highest authority and the
most respected individual in the nation. Through his personal involvement in
the mitzvah, the importance of Torah
observance is communicated.
Rashi apparently maintains that the king’s
involvement is required to honor the Torah.
This implies that the king should appear and participate in his
glory. The platform elevates the king
above the people. It emphasizes the
importance of the king. Through
honoring the monarch the Torah is glorified.
Rashi may agree with Tosafot that this platform is not absolutely
essential for fulfillment of the mitzvah. However, Rashi would argue that the mitzvah cannot possibly be formulated in
manner that is antithetical to its objectives. Therefore, because the mitzvah is designed to glorify the
Torah, the appropriate time for its observance must correspond with this
objective. This time is the first day
of Chol HaMoed.
Tosefot apparently argue that this reading is one of
the duties of the king. The king can
perform this duty without the platform.
Therefore, inability to erect the platform should not dictate
postponement of the mitzvah.
[1] Rabbaynu Shlomo ben Yitzchak (Rashi), Commentary on Sefer Devarim 29:28.
[2] Rabbaynu Moshe ben Nachman (Ramban/Nachmanides), Commentary on Sefer Devarim 29:28.
[3] Rav Yisroel Chait, Editor’s notes.
[4] Rabbaynu Moshe ben Maimon (Rambam/Maimonides) Mishne Torah, Hilchot Chagigah 3:1-3.
[5] Mesechet Sotah 41a.
[6] Rabbaynu Shlomo ben Yitzchak (Rashi), Commentary on the Talmud, Mesechet Sotah 41b.
[7] Tosefot, Mesechet Sotah 41a.