[Par-reg] SEFER DEVARIM - Intro - resending in simple text format

[Menachem Leibtag]

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
		In Memory of Rabbi Abraham Leibtag
	Shiurim in Chumash & Navi by Menachem Leibtag
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               SEFER DEVARIM - Introduction

	What is Sefer Devarim? 
	Most everyone would answer - a review or repeat of
Chumash, just as its 'nickname' - 'Mishneh Torah' - seems to
imply.  
	Is this really so?
	As we now demonstrate, it won't take more than a
minute to show how that popular answer is simply incorrect!  
    Let's quickly review the first four books (of Chumash),
noting which of their primary topics are either included or
missing from Sefer Devarim:
* Sefer Breishit:  Sefer Devarim makes almost no mention of
any of its stories - be it the story of Creation, the Flood,
the Avot, or the brothers, etc.
 
* Sefer Shmot:  We find only scant details of the Exodus, and
not a word about the mishkan; even though we do find the story
of Ma'amad Har Sinai & chet ha-egel.

* Sefer Vayikra:  Here again,  Sefer Devarim makes almost no
mention of any of its mitzvot or stories, aside from a few
laws that 'ring a bell' from Parshat Kedoshim, and some
kashrut laws; but hardly a summary. 

* Sefer Bamidbar:  Indeed Sefer Devarim does tell over the
stories of the 'spies' and the defeat of Sichon & Og (with
some major 'minor changes').  However, there is barely a
mention of the remaining stories found in Bamidbar (and there
are many), nor do we find a review of any of its mitzvot (e.g.
nazir, sota, challa, etc.). 

	Furthermore, Sefer Devarim contains numerous mitzvot
that had never been mentioned earlier in Chumash!  Certainly,
if the book was a summary, then we should not expect for it to
contain totally new material.
[To clarify this point, simply imagine that you are a teacher
who assigns the class to summarize the first four books of
Chumash.  How would you grade a student who handed in Sefer
Devarim as his assignment? ]

	Even though it took us only a few minutes to prove
that Sefer Devarim is not a review of Chumash - it will take
us much longer to explain what Sefer Devarim is, and why
Chazal refer to it as "Mishneh Torah".

INTRODUCTION 
    Like many good books, Sefer Devarim can only be fully
understood after you have read it.  So for those of you who
are not patient enough to read the entire book first (and
analyze it), the following shiur will 'spill the beans'.  
    As usual, our shiur will focus on identifying its
structure and theme.  It is recommended that you study this
shiur carefully, as its conclusions will provide the basis for
our entire series on Sefer Devarim (in the weeks to follow).
    
A BOOK OF SPEECHES
	The key to understanding Sefer Devarim lies in the
recognition that it contains a very important (albeit long)
speech delivered by Moshe Rabeinu, prior to his death; as well
as several 'shorter' speeches; one which introduces that 'main
speech', and others that form its conclusion. 
    	Therefore, the first step of our shiur will be to
identify those speeches.  To do so, we must first note how the
style of Sefer Devarim is unique, as it is written almost
entirely in the first person - in contrast to the first four
books of Chumash, which are written in 'third person'.
[Recall (from when you studied grammar) that speeches are
recorded (or quoted) in first person, while narrative
(stories) are usually written in third person.]  

    Therefore, to determine where each speech begins (and
ends), we simply need to scan the book, noting where the
narrative changes from third person (i.e. the regular
'narrator mode' of Chumash) to first person (i.e. the direct
quote of Moshe Rabeinu, as he speaks). 
    If you have ample time (and patience/ and of course a
Tanach Koren handy), you should first try to do this on your
own.  On the other hand, if you are short on time - you can
'cheat' by reading at least 1:1-7, 4:40-5:2, 26:16-27:2,
28:69-29:2, & 30:19-32:1, noting the transition from third
person to first person, and hence where and how each speech
begins.

INDENTIFYING SPEECH #1
	For example, let's take a quick look at the opening
psukim of Sefer Devarim (1:1-7).  Note how the first five
psukim are written in third person:
"These are the devarim (words / speeches) which Moshe spoke to
all of Israel... In the fortieth year on the first day of the
eleventh month... in Arvot Mo'av, Moshe began to explain this
Torah saying..." (see 1:1-5);

This introduces the speech that begins (in the next pasuk)
with the first sentence of Moshe Rabbeinu's speech:
	"God, our Lord, spoke to us at Chorev saying..." (see
1:6).
[Note how this pasuk, and those that follow are written in
first person.]

	Then, scan the psukim that follow, noting how this
speech continues from 1:6 all the way until 4:40 (i.e. the
next four chapters).  This entire section is written in first
person, and hence constitutes Moshe's opening speech. 

INDENTIFYING SPEECH #2  [the 'main speech']
	In a similar manner, note how the first pasuk of
chapter five introduces Moshe's next speech.  Here again, the
opening pasuk begins in third person, but immediately changes
to first person, as soon as the speech begins:
"And Moshe called together all of Israel and said to them
[third person] - Listen to the laws and rules that I tell you
today...  - [first person]"  (see 5:1).

	Where does this second speech end?  If you have half
an hour, you could scan the next twenty some chapters and look
for its conclusion by yourself; otherwise, you can 'take our
word' that it continues all the way until the end of chapter
26! 
	This observation (even though it is rarely noticed)
will be the key towards understanding Sefer Devarim - for this
twenty chapter long 'main speech' will emerge as the primary
focus of the book!
	After this 'main speech', in chapters 27-30 we find
two more short speeches that directly relate to the main
speech.  Finally, from chapter 31 thru 34, Sefer Devarim
'returns' to the regular narrative style of Chumash, as it
concludes with the story of Moshe Rabbeinu's final day.
    
	The following table summarizes the division of Sefer
Devarim into its four speeches: 

SPEECH #1
Chaps. 14 
 Introductory speech
SPEECH #2
Chaps. 526
 Main speech
SPEECH #3
Chaps. 2728
 Tochacha & Covenant 
SPEECH #4
Chaps. 2930
 Teshuva 


THE MAIN SPEECH
	As this table indicates, Speech #2 is by far the
longest, so we'll begin our study by trying to figure out its
primary topic.  [Afterward, we will show how Speech #1
actually introduces this main speech.] 
	To help us identify the primary topic of the main
speech [without the need to read it in its entirety], let's
assume that Moshe Rabeinu will employ the 'golden rule' for an
organized speech, i.e. he will:
    (1) 'Say what you're gonna say' - 
    (2) 'Say it' -   & then
    (3) 'Say what you said.'  
[We'll soon see how Moshe Rabeinu beautifully follows this
golden rule in this speech.]

	Let's take a careful look at how Moshe's begins this
main speech, noting how he explains to the people what to
expect:
"Listen Israel to the chukim & mishpatim which I am teaching
you today, learn them and keep them..." (5:1).

	This 'opener' immediately tells the listener that this
speech will contain chukim & mishpatim [laws and rules] that
must be studied and observed; and indeed that is precisely
what we will find (when we will study the content of this
speech). 
    However, these laws - that we now expect to hear (based on
5:1) - don't begin in the next pasuk.  Instead, Moshe Rabeinu
uses the first section of his speech (chapter five) to explain
how and when these laws (that will begin in chapter six) were
first given.  
    In other words, instead of beginning his speech
immediately with this set of laws, he will preface these laws
by first explaining why everyone is obligated to keep them
(5:2-5), followed by the story of how he first received them
at Har Sinai forty years earlier (5:20-30).
    To appreciate this introductory chapter, and to understand
why it contains a 'repeat' of the Ten Commandments, let's
carefully review its flow of topic.

INTRO TO THE MAIN SPEECH - OBLIGATION & COVENANT 
    As his first point, Moshe emphasizes how these laws (that
he is about to teach) were given as an integral part of the
covenant between God and Bnei Yisrael at Har Sinai:
"Hashem made a covenant with us at Chorev.  Not [only] with
our forefathers did God made this covenant, but [also] with us
- we, the living - here today..."  (5:2-3).

	Even though (and because) most of the members of this
new generation were not present at Ma'amad Har Sinai, Moshe
must first remind Bnei Yisrael that their obligation to keep
these laws stems from that covenant at Har Sinai (forty years
earlier)!  
     Recall as well how God had spoken the Ten Commandments
directly to Bnei Yisrael as part of that covenant.  
[Hence - the two tablets upon which they were inscribed are
known as 'luchot ha-brit' - i.e. tablets of the Covenant.]  

     It is for this reason that Moshe Rabeinu first reviews
the Ten Commandments (in 5:6-19), before he begins his
teaching of the detailed 'chukim 'mishpatim' - for they form
the key guidelines of this "brit"' between God and His nation.
Note however that the Ten Commandments are presented as part
of the story of 'how the laws were given' - the detailed laws,
referred to in 5:1, don't begin until chapter six (and
continue thru chapter 26).

WHY MOSHE IS TEACHING THE LAWS
    Now comes the key story in this introductory section, for
Moshe (in 5:20-30) tells the story of how Bnei Yisrael
immediately became fearful after hearing the 'Dibrot' and
asked Moshe that he become their intermediary to receive the
remaining laws.  As we shall see, this story explains when and
how the laws (that Moshe is about to start teaching) were
first given. 
    To clarify this, let's careful study these psukim, for
they will help us understand the overall structure of the main
speech:
"When you heard the voice out of the darkness, while the
mountain was ablaze with fire, you came up to me... and
said... Let us not die, for this fearsome fire will consume
us... you go closer and hear all that God says, and then you
tell us everything that God commands, and we will willingly do
it..." (5:20-26).
[Keep in mind that from this pasuk we can infer that had Bnei
Yisrael not become fearful, they would have heard additional
mitzvot directly from God, immediately after these first Ten
Commandments.]

	Note how God grants this request (that Moshe should
act as their intermediary) by informing Moshe of His 'new
plan:
"Go, say to them: 'Return to your tents.'  But you remain here
with Me, and I will give you the mitzvah, chukim &
mishpatim... for them to observe in the land that I am giving
them to possess..." (5:27-28).

	Read this pasuk once again, for it is key towards
understanding how the 'main speech' first came about.  The
mitzvot that Moshe will now teach (in this speech) are simply
the same laws that God had first given to him on Har Sinai,
after Bnei Yisrael asked him to become their intermediary.
    In fact, Moshe himself states this explicitly in the next
set of psukim that clearly introduce this set of laws:
"And this ('ve-zot') is the mitzvah, chukim & mishpatim that
God has commanded me to teach you to be observed in the land
you are about to enter..."  (see 6:1-3).
 
	Recall from 5:28 that God told Moshe that he should
remain on Har Sinai to receive the mitzvah, chukim &
mishpatim.  This pasuk (6:1), explains how Moshe's lecture is
simply a delineation of those mitzvot.

THE ELEVENTH COMMANDMENT
     Based on this introduction (i.e. 6:1-3), we conclude that
these laws (that begin with 6:4)  are simply those mitzvot
that God had given to Bnei Yisrael  - via Moshe Rabbeinu - as
a continuation of the Ten Commandments at Ma'amad Har Sinai.
If so, then the first mitzvah of this special unit of laws is
none other than the first parshia of 'kriyat shema':
"Shema Yisrael, Hashem Elokeinu Hashem Echad, ve-ahavta...
ve-hayu ha-devarim ha-eileh..." (see 6:4-7).
[This can help us appreciate why this parsha is such an
important part of our daily prayers - to be discussed in our
shiur on Va'etchanan.]
	This first parshia of kriyat shema begins a lengthy
list of mitzvot (and several sections of rebuke) that
continues all the way until Parshat Ki Tavo (i.e. chapter 26).

[That is why this speech is better known as 'ne'um ha-mitzvot'
- the speech of commandments.  Just try counting how many
mitzvot are indeed found in these 21 chapters - you'll find
plenty!] 

    Note as well that after the first two cardinal mitzvot -
belief in God and the commandment to love Him with all your
heart - we find a statement that serves as yet another
introduction to the mtizvot that will now follow:
"ve-hayu ha-devarim ha-eileh..."  - And these words [clearly,
this refers to the laws that will now follow in the speech]
that I am teaching you today must be kept in your heart - (see
6:6-7)

    We will soon return to discuss this pasuk in greater
detail; however, we must first clarify an important point.
Even though the core of this speech consists of the mitzvot
that Moshe initially received at Har Sinai, it is only natural
that Moshe Rabbeinu will add some comments of his own,
relating to events that have transpired in the interim.  [See,
for example, chapters 8->9.]  Nonetheless, the mitzvot
themselves were first given forty years earlier. 
    Furthermore, as the psukim quoted above explain, these
mitzvot share a common theme - for they all apply to Bnei
Yisrael's forthcoming entry into the Land of Israel (see 5:28
& 6:1).  [In next week's shiur we will discuss how these
mitzvot  divide into two distinct sections, the mitzva section
(chapters 6 thru 11) and the chukim u-mishpatim section
(chapters 12 -26).]

WHEN THIS SPEECH WAS FIRST GIVEN
	So when did Bnei Yisrael first hear these mitzvot?  
    If they were given at Har Sinai, then certainly Moshe
should have taught them to the people at that time.  
    The answer to this question is found in Parshat Ki Tisa.
There, in the story of how Moshe descended from Har Sinai with
the second luchot, the Torah informs us:
"And it came to pass, when Moshe came down from Mount Sinai
with the two tables of the testimony in his hand...   and
afterward all the children of Israel came near, and he [Moshe]
commanded them all of the laws that God had spoken with him on
Mount Sinai. 
     (See Shmot 34:29-32) 
    
    Clearly, Moshe had already taught these laws to Bnei
Yisrael when he came down from Har Sinai.  Yet, Sefer Shmot
only tells the story of when Moshe first taught them, but
doesn't record all of the actual laws that he both received
and taught at that time.  Instead, the Torah prefers to record
some of those laws in Sefer Devarim, others in Sefer Bamidbar,
and others in Sefer Vayikra. 
    In other words, Moshe Rabbeinu reviews an entire set of
laws in Sefer Devarim; laws that he had already taught to the
first generation when they were encamped at Har Sinai. Hence,
the laws in Sefer Devarim are indeed a review of a set of laws
that Bnei Yisrael had already received.  However, they are not
a review of the laws that Chumash had already recorded. 
[This point clarifies why so many people misunderstand what is
meant when Sefer Devarim is referred to as a 'review of laws'.
It is indeed a review of laws that Moshe Rabeinu had already
taught Bnei Yisrael, but it is not a review of the first four
books of Chumash.]
    
    One could also suggest a very logical reason for why the
Torah preferred to record these laws in Sefer Devarim, rather
than in Sefer Shmot.  As we shall see, these mitzvot will
focus on how Bnei Yisrael are to establish their nation in the
Land of Israel (see 5:28 and 6:1/ 'la'asot ba-aretz' - to keep
in the land).  Hence, the Torah prefers to record them as they
were taught by Moshe to the second generation - who would
indeed enter the land; and not as they were given to the first
generation - who sinned, and hence never entered the land.

	This background will now help us understand why Chazal
refer to this Sefer as "Mishneh Torah", and why this name is
so commonly misunderstood.  While doing so, we will also
explain the 'simple meaning' of the famous psukim of kriyat
shema that we recite every day.

MISHNEH TORAH
	Let's return to the opening psukim of kriyat shema
(6:4-8), which form the opening set of commandments that Moshe
first received on Har Sinai (to relay to Bnei Yisrael) - soon
after the Ten Commandments were given to the entire nation.  
	Moshe begins this set of laws with an opening
statement that reflects a tenet of faith: 
    "shema Yisrael Hashem Elokeinu Hashem Echad" (6:4) 
    
    This is followed by the most basic mitzva regarding
attitude, which in essence is a way of life for every jew:
    "ve-ahavta ..." - to love God with all your heart... (see
6:5), 

    Then, Moshe introduces the laws that he now plans to teach
in a very interesting manner:
"ve-hayu ha-devarim ha-eileh...
  - And these words [i.e. laws that will now follow] 
that I am teaching you today must be kept in your heart -
ve-shinantam  - and you must repeat them (over and over) to
our children and speak about them constantly, when at home,
when you travel, when you lie down and when you get up..."
(see 6:5-8).

	Note the Hebrew word 've-shinantam' - which means more
than simply to teach, but rather to 'repeat' [from the
'shoresh' (root) -' leshanen' [sh.n.n.].  Moshe instructs the
nation that these forthcoming laws (i.e. the laws of the main
speech of Sefer Devarim), need not only to be taught, but they
also require constant repetition!
    Thus, the word 'mishneh' - in the phrase "mishneh Torah"
also stems from this same root - "l'shanen" - to repeat.
Hence, the name "Mishneh Torah" implies a set of laws that
require constant repetition! 
    This explains the confusion in regard to the meaning of
this alternate name for Sefer Devarim.  Mishneh Torah does not
imply that Sefer Devarim is a repeat (or review) of what has
been written in Chumash thus far; rather, it refers to a
special set of laws that requires constant repetition - i.e.
when we sit in our homes etc. / see 6:6-7,
	In other words, the mitzvot of the main speech of
Sefer Devarim are special, insofar as they must be constantly
repeated and taught ('ve-shinantam'), as its name - Mishneh
Torah - implies.  In fact, we fulfill this mitzva each day by
reciting the first two parshiyot of kriyat shma. 
	Further proof of this interpretation is found in the
sole pasuk in Sefer Devarim that contains the phrase mishneh
Torah, in regard to the King in Parshat Shoftim:
"And when the King is seated on his royal throne, he must
write this mishneh ha-torah in a book... and it must be with
him and he must read from it every day of his life, in order
that he learns to fear God..." (see 17:1819).

	Clearly, in this context, the term "Mishneh Torah"
does not refer to a repeat of earlier laws, but rather to a
set of laws that need to be repeated.
[Similarly, the word 'mishna' (as in Torah she-ba'al peh) has
the same meaning.  The mishnayot require 'shinun'; they must
be repeated over and over again - hence they are called
Mishna.]

BACK TO PARSHAT DEVARIM
	This interpretation can help us understand the opening
psukim of Sefer Devarim - which otherwise appear to be rather
cryptic.  Before we continue, it is suggested that you read
Devarim 1:1-2, noting the difficulty of its translation.
"These are the devarim that Moshe spoke to Bnei Yisrael in
Transjordan, in the desert, in the Arava, opposite Suf,
between Paran and Tofel, and Di Zahav" (1:1).

	First of all, what does the word devarim refer to:
		the entire book? - the first speech? - all the
speeches?
	It's not clear.  Secondly, what is the meaning of this
long list of places?
	The location of 'ever ha-yarden' [Transjordan] makes
sense, for Bnei Yisrael are now encamped there (see 1:5); but
the remaining list of places - ba-midbar, ba-arava, mul suf,
bein paran u-tofel etc. - seems to be totally disjoint from
the first half of this pasuk.
	Are these many places, or just one place?  What
happened at all of these places?  Again, it is not clear.  
	The next pasuk is even more enigmatic!
"Eleven days from Chorev, via Mount Se'ir, until Kadesh
Barnea" (1:2).
	This pasuk doesn't even form a complete sentence.
What does it describe?  What does it have to do with the
previous pasuk? 
	Nonetheless, the next pasuk appears to be quite
'normal', and could easily have been the opening verse of the
book:
"And it came to pass in the fortieth year on the first day of
the eleventh month, Moshe spoke to Bnei Yisrael in accordance
with the instructions that God had given him for them [after
he had defeated Sichon.]" (1:3-4).

	This third pasuk seems to form an introduction to
Moshe's speech.  But this only strengthens our questions on
the first two psukim.  Why doesn't the Sefer just begin with
the third pasuk?
	Indeed, one who never studied Sefer Devarim should
find himself terribly confused when reading these psukim.
However, based on our shiur, it is possible to suggest a very
simple explanation (that will find support in Ibn Ezra and
Ramban as well).

A SUPER INTRO
	Recall how the main speech (i.e. ne'um ha-mitzvot /
chapters 5-26) forms the focal point of Sefer Devarim,
including a lengthy set of mitzvot that Bnei Yisrael must keep
as they enter the Land of Israel.  As we explained, Moshe had
first taught these mitzvot to Bnei Yisrael when he came down
from Har Sinai with the second luchot (see Shmot 34:32).
However, since these laws require constant repetition [mishneh
torah], it would only make sense that Moshe would have taught
them numerous times. 
	Recall as well that the Torah uses this very same word
'ha-devarim' to introduce the mitzvot of the main speech / see
6:6 -'ve-hayu ha-devarim ha-eileh asher anochi metzaveh." 
	Therefore, one can assume that the phrase 'eileh
ha-devarim' (in 1:1) refers to the same mitzvot that 've-hayu
ha-devarim' refers to in 6:6) i.e. to the mitzvot of the main
speech! 
	If so, then the first pasuk of the Sefer introduces
this main speech!  Hence, the first two psukim of Sefer
Devarim can be understood as follows:
"These are the devarim [i.e. the mitzvot of the main speech]
that Moshe delivered in Arvot Mo'av, [just as he had already
delivered a similar speech in] the midbar, and arava, opposite
suf, between Paran and Tofel, and at Di-zahav.  [Furthermore,
these mitzvot were also taught by Moshe to Bnei Yisrael
during] their eleven day journey from Har Chorev to Kadesh
Barnea."  [Then] in the fortieth year... Moshe taught these
laws (one last time] after the defeat of Sichon..."  (see
Devarim 1:1-4)  
		[See commentary of Ibn Ezra on 1:1-2.]

	This explanation fits in beautifully with both Ibn
Ezra's & Ramban's interpretation of the word "devarim" in the
first pasuk of Sefer Devarim, as both commentators explain
that the word "devarim" refers specifically to the mitzvot
that Moshe will teach later on in the main speech.
[Ramban explains that these devarim begin with the Ten
commandments (i.e. from chapter 5), while Ibn Ezra explains
that they begin with the chukim & mishpatim in Parshat Re'eh
(see 12:1).  The underlying reason for this controversy will
be explained in our shiur on Parshat Va-etchanan.  The reason
why Rashi explains that devarim refers to the 'rebuke' will be
discussed in our shiur on Parshat Ekev.]

	When we consider this setting, the Torah's emphasis in
the second pasuk on the eleven day journey from Har Sinai to
Kadesh Barnea becomes quite significant.  Recall, that this
eleven day journey was supposed to have been Bnei Yisrael's
final preparation before conquering the land (had they not
sinned)!  As such, Moshe found it necessary to teach and
review these important laws several times during that journey.
[Again, see Ibn Ezra inside.]
	Now, in the fortieth year on the first day of the
eleventh month, Bnei Yisrael find themselves in a very similar
situation - making their final preparations for the conquest
of the land.  Therefore, Moshe gathers the people in Arvot
Mo'av to teach and review these mitzvot one last time.
	In this manner, the first four psukim of Sefer Devarim
actually form the introduction to the main speech (chapters
5-26).  
	However, before Moshe begins that main speech, he
first makes an introductory speech that is introduced by 1:5
and continues until 4:40.  That speech will be discussed iy"h
in our next shiur (on Parshat Devarim).

  	          Until then, 
				    shabbat shalom
    					menachem

======================
FOR FURTHER IYUN

A.  FROM HAR SINAI TO SEFER DEVARIM 
	In our shiur, we showed how the main body of Sefer
Devarim contains the mitzvot that Moshe Rabbeinu originally
received on Har Sinai.  However, Moshe received many other
mitzvot on Har Sinai.  Therefore, it appears that even though
Moshe received all of the mitzvot on Har Sinai, each book of
Chumash focuses on a different category.  Therefore, the
important question becomes - what characterizes the mitzvot
found in other books of Chumash?  Or, more directly, on what
basis were the mitzvot distributed among the five books?
	To answer this question, we simply need to review our
conclusions from previous shiurim.
    First of all, let's review the main themes of each Sefer
that we have found thus far:
* BREISHIT - God's creation of the universe and His choice of
Avraham Avinu and his offspring to become His special nation.

* SHMOT - The Exodus of Am Yisrael from Egypt; their journey
to Har Sinai; Matan Torah; chet ha-egel, and building the
mishkan.

* VAYIKRA - Torat kohanim, the laws relating to offering
korbanot in the mishkan, and various other laws that help make
Am Yisrael a holy nation.

* BAMIDBAR - Bnei Yisrael's journey from Har Sinai (with the
mishkan at its center) towards the Promised Land; and why they
didn't enter the Land.

    With this in mind, let's see how the laws in Sefer Devarim
may relate to what we have found thus far.
	Recall that God's original intention was to take Bnei
Yisrael out of Egypt, bring them to Har Sinai (to receive the
Torah), and then immediately bring them to Eretz Canaan, where
these mitzvot are to be observed.
	At Har Sinai, Bnei Yisrael entered into a covenant and
heard the Ten Commandments.  As we explained, they should have
received many more mitzvot after hearing the first Ten
Commandments.  However, they were overwhelmed by the awesome
experience of Ma'amad Har Sinai and thus requested that Moshe
act as their intermediary.
	It is difficult to ascertain the exact chronological
order of the events following their request.  However, by
combining the parallel accounts of this event in Sefer Shmot
(see 20:15-21:1, & 24:1-18) and Sefer Devarim (see chapter 5),
we arrive at the following chronology:
 *	On the day of Ma'amad Har Sinai, God gives Moshe a
special set of laws, better known as Parshat Mishpatim (i.e.
20:19-23:33), which Moshe later conveys to Bnei Yisrael (see
24:3-4).  Moshe writes these mitzvot on a special scroll
['sefer ha-brit' (see 24:4-7)], and on the next morning he
organizes a special gathering where Bnei Yisrael publicly
declare their acceptance of these laws (and whatever may
follow).  This covenant is better known as 'brit na'aseh
ve-nishma'.  [See 24:5-11.  We have followed Ramban's peirush;
Rashi takes a totally different approach.  See Ramban 24:1 for
a more detailed presentation of their machloket.]
 *	After this ceremony, God summons Moshe to Har Sinai to
receive the luchot & additional laws ['ha-Torah v-hamitzva';
see 24:12-13], and so Moshe remains on Har Sinai for 40 days
and nights to learn these mitzvot.  It is not clear precisely
to what 'ha-Torah ve-hamitzva' refers, but we may logically
assume that it is during these 40 days when Moshe receives the
mitzvot he later records in Sefer Devarim.  [Note the use of
these key words in the introductory psukim of Sefer Devarim:
Torah in Devarim 1:5, 4:44; ha-mitzva in 5:28 & 6:1.]
[Moshe most likely received many other mitzvot as well during
these forty days, possibly even the laws of the mishkan.  (see
famous machloket between Rashi & Ramban - and our shiur on
Parshat Teruma.)]

 * 	As a result of chet ha-egel, the original plan to
immediately conquer the land of Israel requires some
modification.  Consequently, we never find out precisely which
mitzvot were given to Moshe during the first forty days and
which were transmitted during the last forty days.  Either
way, Bnei Yisrael themselves do not hear any of these mitzvot
until Moshe descends with the second luchot on Yom Kippur (see
Shmot 34:29-33).  At this point, Moshe teaches Bnei Yisrael
all the mitzvot he had received, though they are not recorded
at that point in Sefer Shmot (see again Shmot 34:29-33).
 *	During the next six months, Bnei Yisrael build the
mishkan and review the laws they had just received from Moshe.
Once the mishkan is built in Nissan and the korban Pesach is
offered (in Nissan & Iyar), Bnei Yisrael are ready to begin
their '11 day journey from Har Sinai to Kadesh Barnea', the
excursion that was to have begun their conquest of the land.
Instead, the people fail with the incident of the meraglim,
and the rest is history.
	This background can help us appreciate how the mitzvot
are divided up among the various sefarim of Chumash, even
though most all of them were first given to Moshe at Har
Sinai, or at the Mishkan in Midbar Sinai.
	Let's discuss them, one book at a time:
SHMOT
	Sefer Shmot records the Ten Commandments and Parshat
Mishpatim since they comprise an integral part of Ma'amad Har
Sinai, i.e. the covenantal ceremony in which Bnei Yisrael
accept the Torah.  Although Sefer Shmot continues with the
story of Moshe's ascent to Har Sinai, it does not record the
specific mitzvot that he received during those forty days!
Instead, the remainder of Sefer Shmot focuses entirely on
those mitzvot relating to the atonement for chet ha-egel
(34:10-29) and the construction of the mishkan (chapters
25-31, & 35-40 / plus the laws of Shabbat which relate to
building the mishkan).
	The exclusive focus on these laws at the end of Sefer
Shmot is well understood.  The theme of the second half of
Sefer Shmot revolves around the issue of whether or not God's
Shchina can remain within the camp of Bnei Yisrael.  Whereas
the mishkan provides a solution to this dilemma, its taking
center-stage in the latter part of Sefer Shmot is to be
expected.  [See Ramban's introduction to Sefer Shmot,
ve-akmal.]
	What about the rest of the mitzvot transmitted to
Moshe on Har Sinai?
	As we will see, some surface in Sefer Vayikra, others
in Sefer Bamidbar, and the main group appears in Sefer
Devarim!
VAYIKRA
	Even though Sefer Vayikra opens with the laws given
from the ohel mo'ed (see 1:1), many of its mitzvot had already
been presented on Har Sinai.  This is explicit in Parshat Tzav
(see 7:37-38); Parshat Behar (see 25:1); and Parshat
Bechukotai (see 26:46 & 27:34).  Certain parshiyot of mitzvot
such as Acharei Mot obviously must also have been given from
the ohel mo'ed, but there is good reason to suggest that many
of its other mitzvot, such as Parshat Kedoshim, were first
given on Har Sinai.
	So why are certain mitzvot of Har Sinai included in
Sefer Vayikra?  The answer is quite simple.  Sefer Vayikra is
a collection of mitzvot dealing with the mishkan, korbanot and
the kedusha of Am Yisrael.  Sefer Vayikra, better known as
torat kohanim, simply contains all those parshiyot that
contain mitzvot associated with its theme.  Some were given to
Moshe on Har Sinai, while others were transmitted from the
ohel mo'ed.  [See previous shiurim on Sefer Vayikra for more
detail on this topic.]
BAMIDBAR
	Sefer Bamidbar, we explained, is primarily the
narrative describing Bnei Yisrael's journey from Har Sinai
towards Eretz Canaan.  As we explained in our shiurim on Sefer
Bamidbar, that narrative is 'interrupted' by various parshiyot
of mitzvot, which seem to have belonged in Sefer Vayikra.
[For example: nazir, sota, challa, nsachim, tzitzit, tum'at
meit, korbanot tmidim u-musafim, etc.]  These mitzvot were
probably first given to Moshe on Har Sinai (or some possibly
from the ohel mo'ed, as well).  Nonetheless, they are included
in Sefer Bamidbar because of their thematic connection to its
narrative.
DEVARIM
	Now we can better understand Sefer Devarim.  The books
of Shmot, Vayikra, and Bamidbar contained only a limited
sampling of the mitzvot that God had given to Moshe on Har
Sinai, each Sefer recording only those mitzvot related to its
theme.  Sefer Devarim, as it turns out, is really our primary
source of the mitzvot taught to Moshe on Har Sinai.  As we
explained above, this is exactly what chapter 5 indicates.
[Recall that chapter 5 is the introductory chapter of Moshe's
main speech, the presentation of the mitzva, chukim &
mishpatim.]
	Expectedly, these mitzvot of Har Sinai recorded in
Sefer Devarim are presented in an organized fashion and share
a common theme.  To identify that common theme, let's take a
look once again at the introduction to this collection of
mitzvot:
"And this ('ve-zot') is the mitzva, chukim & mishpatim that
God has commanded me to teach you to be observed in the land
which you are about to enter..." (6:1-3 / see also 5:28). 

	The mitzvot of Moshe's main speech are simply a guide
for Bnei Yisrael's conduct as they conquer and settle the
land.  [As we study the Sefer, this theme will become quite
evident.]  Therefore, practically speaking, this speech
contains the most important mitzvot that Bnei Yisrael must
follow as they enter the Land and establish their society.  As
these laws are so important, they must be studied 'over and
over' again [= mishneh Torah].
	Hence, it is only logical that Moshe decides to teach
these mitzvot at a national gathering (as he is about to die
and Bnei Yisrael are about to enter the Land).  This also
explains why these mitzvot will be taught once again on Har
Eival, after Bnei Yisrael cross the Jordan (see Devarim
chapter 27), and then again thereafter, once every seven years
at the hakhel ceremony (see 31:9-13; notice the word Torah
once again!).

B. BETWEEN THE NARRATIVES IN DEVARIM & BAMIDBAR
	This understanding of the purpose and theme of each
sefer helps explain the many discrepancies between the details
of various events as recorded in Shmot and Bamidbar, and their
parallel accounts in Sefer Devarim.  (A classic example is
chet ha-meraglim.)  Neither book records all the details of
any particular event; instead, each sefer records the events
from the unique perspective of its own theme and purpose.
	In the shiurim to follow, this understanding of the
nature of Sefer Devarim will guide our study of each
individual Parsha.  Our shiur on Parshat Devarim (to follow)
will be a direct continuation of this shiur.  Till then, 
	
C.  TORAH SHE-BA'AL PEH
	In the above shiur, we showed how the various mitzvot
that Moshe received on Har Sinai are distributed among the
various sefarim of Chumash, based on the theme of each Sefer.
What about the mitzvot which Moshe received on Har Sinai that,
for one reason or other, 'never made it' into Chumash?  One
could suggest that this is what we call 'halacha le-Mosheh
mi-Sinai' in Torah she-ba'al peh (the Oral Law).  This
suggestion offers a very simple explanation of how the laws
that Moshe received on Har Sinai are divided up between the
Oral Law and the Written Law.  Based on our shiur, that Moshe
must have received many other laws on Har Sinai which were not
included in any sefer in Chumash is almost pshat!
	Obviously, the division between what became the Oral
Law and the Written Law was divinely mandated and not
accidental.  Our above explanation simply makes it easier to
understand how this division first developed.  It also helps
us understand why Torah she-ba'al peh is no less obligatory
than Torah she-bichtav.
[See also Ibn Ezra to Shmot 24:12, re:"ha-Torah
ve-hamitzva...," which may refer to the Written and Oral
Laws.]

    Furthermore, the prominent view in Chazal that all the
mitzvot were first given on Har Sinai, repeated from the ohel
mo'ed, and then given one last time at Arvot Mo'av.  Our
discussion shows how this statement actually reflects the
'simple pshat' in Chumash, once one pays attention to the
story that Moshe tells as he begins his main speech in Sefer
Devarim!