Lock It In

Why are the last two mitzvot in the Torah that of writing the Torah and the mitzvah of hakhal?  Why is hakhal done specifically on Sukkot in the year after shemitah?  

The Torah refers to this time a במועד שנת השמיטה because it is after a year of not working the land that one can see that it was a shemitah year (Netziv.)  That is not only true in the sense of the lack of growth of the field but in the growth of the person.  After such a year of spiritual growth, the Torah says to lock it those gains and extend them into the next shemitah cycle.  Says the Oznaim L'Torah, that is why hakhal is done on Sukkot because Sukkot is חג האסיף, the time to reap the harvest of the spiritual gains of the previous year.  What is the message of hakhal that one takes to lead into the next shemitah cycle?  The message is ליראה את ה, as the Rambam Chagigah (3:6) describes the event as a reenactment of maamad Har Sinai.  It is the yira experienced through that maamad which carries one back into everyday life to remain steadfast in serving Hashem.  

The two final mitzvot are a message to Klal Yisrael as they are about to leave the Midbar to take the gains and the years of spiritual growth that they experienced and take that "Sinai effect" and bring it with them into Eretz Yisrael.  There were two aspects to the "Sinai existence" in the Midbar.  There was the learning of Torah and that is expressed through the mitzvah of writing a Sefer Torah and the aspect of yiras Hashem through seeing Hashem's miracles on a daily basis.  That idea is reflected through the mitzvah of hakhal.  That is why these two mitzvot are given right before entering Eretz Yisrael.  The mitzvot are a way of tapping into the spiritual gains of the Midbar to assist in the transfer to living a worldly existence of Eretz Yisrael (see Likutay Sichos volume 34.)    

Why does it need to tell us אתם נצבים היום כולכם if we already know everyone is gathered from the end of the previous parsha, וַיִּקְרָ֥א מֹשֶׁ֛ה אֶל⁠־כׇּל⁠־יִשְׂרָאֵ֖ל?  These are two types of gatherings for two different purposes.  At the end of Ki Savo, everyone is reminded to keep the Torah, וּשְׁמַרְתֶּ֗ם אֶת⁠־דִּבְרֵי֙ הַבְּרִ֣ית הַזֹּ֔את וַעֲשִׂיתֶ֖ם אֹתָ֑ם.  It is a gathering about the experience of Torah and mitzvot.  In the beginning of Nitzavim, the Torah stresses טפכם נשיכם וגרך אשר בקרב מחניך just as it does by hakhal for this gathering is to form a bris with Hahem.  Everyone is present to enter the bris regardless of level.  This is the yirah aspect.  To experience the presence of Hashem even beyond the boundaries of Torah and mtizvot.  That is a message everyone, even children must experience.        

The Greatest Distance

The Tanchuma opens Vayelech וַיֵּלֶךְ מֹשֶׁה וַיְדַבֵּר אֶת הַדְּבָרִים הָאֵלֶּה אֶל כָּל יִשְׂרָאֵל. אֵין וַיֵּלֶךְ אֶלָּא לְשׁוֹן תּוֹכֵחָה, שֶׁנֶּאֱמַר: לְכוּ חֲזוּ מִפְעֲלוֹת אלקים.  How does the word וילך connote rebuke?  Furthermore, what is the תוכחה the Midrash is referring to?  The pessukim at the beginning of the parsha, וַיֵּלֶךְ מֹשֶׁה וַיְדַבֵּר אֶת הַדְּבָרִים הָאֵלֶּה אֶל כָּל יִשְׂרָאֵל וַיֹּאמֶר אֲלֵהֶם בֶּן מֵאָה וְעֶשְׂרִים שָׁנָה אָנֹכִי הַיּוֹם לֹא אוּכַל עוֹד לָצֵאת וְלָבוֹא seem to have a contradiction in it, for דבר refers to harsh words but אמר means to speak softly (Makkot 11a,) did Moshe say harsh words or soft words?  Why is the mitzvah of hakhal performed after the shmittah year? 

"The greatest distance between any two points is the distance that separates our minds from our hearts."  That is the וילך, to traverse that distant between the heads and the hearts of Klal Yisrael.  Moshe Rabbenu was giving his parting message and he wanted it to pernitrate through their minds and hearts.  Therefore, Moshe Rabbenu uses multiple means of conveying his message.  The Sforno notes that the opening words of Moshe Rabbenu are words of appeasement but that is followed by words of rebuke Moshe uses all tactics to convey his parting message.  

That is why hakhal follows after the shmittah year.  After a year where one had time to study Torah, the person's heart is opened and he is able to be inspired by the communal reading of hakhal.  The Sifsay Tzaddik goes so far as to suggest a chiddush lihalacha that having a shmittah year is meakev in the mitzvah of hakhal.  

Reenacting Har Sinai

The Rambam in Hilchot Chagigah (3:6) equate the reading of hakhal to a miniature maamad har Sinai. The Rambam in Law 3 delineates what the king read, מֵהֵיכָן הוּא קוֹרֵא מִתְּחִלַּת חֻמַּשׁ אֵלֶּה הַדְּבָרִים עַד סוֹף פָּרָשַׁת שְׁמַע וּמְדַלֵּג לִ(דברים יא יג) "וְהָיָה אִם שָׁמוֹעַ" וְגוֹ' וּמְדַלֵּג לְעַשֵּׂר תְּעַשֵּׂר וְקוֹרֵא מֵ (דברים יד כב) "עַשֵּׂר תְּעַשֵּׂר" עַל הַסֵּדֶר עַד סוֹף בְּרָכוֹת וּקְלָלוֹת עַד (דברים כח סט) "מִלְּבַד הַבְּרִית אֲשֶׁר כָּרַת אִתָּם בְּחֹרֵב" וּפוֹסֵק.  What does the Rambma mean to add with the word ופוסקת just tell us where to read untill?  Rav Hutner (Eigrot pg. 156) explains in light of the previous Rambam that it is necessary to to note that the reading ends with the mentioning of Sinai because that is the whole concept of hakhal.  It is not just that the kria ends there ,but there is a halacha of stopping right there to bring out the point of the mitzvah.  With this he explains the Gemorah in Chagigah (3a) טף למה באין כדי ליתן שכר למביאיהם.  The meforshim ask ממנ"ש if they understand then they should come because they too understand and if they don't understand if there reward for merely carrying additional weight?  Rav Hutner explains just as the children were present at Sinai they must be present at hakhal.  That is what it means to give reward to those that bring them, they help create the situation of a Har Sinai reenactment.

Rav Tzvi Pesach Frank (Mikrayeh Kodesh volume 3 Sukkot #44) brings Rav Yehoshua Leeb asks why does the possuk say וגרך אשר בשעריך, why do we need a special inclusion of coverts?  However, in light of the Rambam it may be understood since converts were not at Sinai one may think they are not included (Yerech L'moadim Sukkot siman 58.) 

The Bach siman 660 says one one is reading the Torah for the tzibbur it must be done standing as the Gemorah Megilllah (21a) learns ועתה פה עמד עמדי that kaviyachol Hashe taught the Torah while standing, so too the one teaching the Torah to the public must be standing.  The Magen Arvaham (141:1) asks that the king read the Torah sitting by hakhal?  However, in light of this Rambam we can defend the Bach.  The krias hatorah which is to teach Torah must be done while standing but the reading of hakhal is not to teach Torah, it is to reenact maamed Har Sinai (Gevurot Yitzhok, Yerach L'moadim.)

Going To The Beis Midrash

The Targum Yonason says at the beginning of the parsha that Moshe went to the beis midrash.  Why did Moshe decide now that he must go to the beis midrash?  The Lev Simcha explains since Moshe at that time lost his supernal wisdom (Rashi,) therefore he had to go learn to rediscover his wisdom.  Where did the Targum see in the verse that he went to the beis midrash?  The answer is that if you are not told Moshe is elsewhere you can assume he is in the beis midrash.  I heard a similar idea from Rav Avrohom Shmulevitz in regard to Yaakov Avenu.  Chazal derive from the calculation of Yishmoel’s age that there are 14 unaccounted for years of Yakov’s life.  Chazal say those years he spent learning in yeshivas Shem Ve’Aver.  How do Chazal know where for those 14 years?  We see from here that the assumption is that a talmud chachom is learning.  Therefore, if were Yaakov went wasn’t identified one can safely assume it was to the beis midrash.

The Song Of Torah

  ועתה כתבו לכם את השירה הזאת

The Rambam Laws of Talmud Torah (3:13) says אַף עַל פִּי שֶׁמִּצְוָה לִלְמֹד בַּיּוֹם וּבַלַּיְלָה אֵין אָדָם לָמֵד רֹב חָכְמָתוֹ אֶלָּא בַּלַּיְלָה. לְפִיכָךְ מִי שֶׁרָצָה לִזְכּוֹת בְּכֶתֶר הַתּוֹרָה יִזָּהֵר בְּכָל לֵילוֹתָיו וְלֹא יְאַבֵּד אֲפִלּוּ אֶחָד מֵהֶן בְּשֵׁנָה וַאֲכִילָה וּשְׁתִיָּה וְשִׂיחָה וְכַיּוֹצֵא בָּהֶן אֶלָּא בְּתַלְמוּד תּוֹרָה וְדִבְרֵי חָכְמָה. אָמְרוּ חֲכָמִים אֵין רִנָּה שֶׁל תּוֹרָה אֶלָּא בַּלַּיְלָה שֶׁנֶּאֱמַר (.איכה ב יט) "קוּמִי רֹנִּי בַלַּיְלָה" וכו  Why does the Rambam put such emphasis on learning Torah at night?
The Gemorah in Megillah (3a) says the malach told Yehoshua that God was angry at him for not offering the evening tammid and not learning at night.  Yehoshua asked which was worst and the malach told him עתה באתי which the Gemorah understands is a hint to Torah.  How is it a hint to Torah?  Tosfos explains that the word עתה is linked to the word עתה in this possuk,   ועתה כתבו לכם את השירה הזאת.  Why is this possuk the one that the malachuses to  tells Yehoshua the hint to Torah when its not the possuk of the obligation ot learning Torah?  The Ponovitcher Rav explains that thecontext of the possuk was in the time of war of conquering Eretz Yisroel.  There were plenty of things that Yehoshua had to take care of and make sure were right to ensure safety and success in the war.  His excuse for missing night seder would have been one of the best in history.  The possuk of the obligation for learning Torah wouldn't have been reason to chastise Yehoshua.  However, if Torah is a shirah, its the joy of your life, then you make time for it.  Despite the myriad of things Yehoshua had to get done, as a shirah, there are no excuses (printed in back of Zichron Shmuel sicha 14.)   
Rav Yeruchem Olshin says that is the peshat in the Rambam.  The time of day is when people tend to the work that they have to do.  One's learning at that time may be because that is his job.  It is at night when one people generally relax and unwind.  In one learns during that time, that proves that his learning isn't something he "does", but rather that is the person's joy in life, that proves it is a shirah.
The Rambam cites the possuk of קוּמִי רֹנִּי בַלַּיְלָה.  A רנה is a song that burst forth from a person (see Even Ezra there,) it is the song of Torah that illuminates the darkness of the night.  It is the "voluntary" Torah that is the song of the soul.  

Hakhal

Rashi (31:12) brings the Gemorah (Chagiga 3a) that ask why are the kids brought along for the mitzvah of hakhal?  Chazal answer to give reward to the one’s that bring them.  Most commentators understand that the Gemorah is referring even to kids that have no understanding of what’s being read; it’s still a mitzvah to bring them.  See for example the Or Hachaim that explains that the Gemorah can only be talking about kids that don’t understand for kids that do understand it says explicitly in verse 13 that they come in order to instill in them the fear of the Lord.  It seems that the Or Hachaim understands the idea of the mitzvah of hakhal is to promote yiras shamayim and that also applies to kids that understand what’s being read. 

However, the Gur Aryeh assumes that for children that won’t understand what’s being read there is no point in bringing them.  He asks if so, what are Chazal asking why do the kids come; they come because of the mitzvah of teaching your child Torah?  He explains the question of Chazal is that if its merely the mitzvah of Talmud Torah that’s the impetus to come, then why specifically at this time and place; it must be there is another reason why the kids must come.  Chazal explain that reason is to give reward to the one’s that bring them.  We see that the Maharal understands the mitzvah of hakhal is to teach Torah and therefore without understanding there is no point.  Rav Hartman in his footnotes asks why there would be a question as to why one must teach their kid in the specific details of the mitzvah of hakhal, if there is a mitzvah of chinuch, it must be done with all the same details as that of a gadol (see Ritvah Sukkah 3a?)  Possibly we can defend the Maharal.  True, chinuch for a mitzvah must be done in the same way as a gadol but here the mitzvah is hakhal and the chinuch is for Talmud Torah.  Therefore, the mitzvah of chinuch of Talmud Torah doesn’t have to fit with all the parameters of the mitzvah of hakhal.  Furthermore, it could be that these are two independent dinim.  The mitzvah of chinuch dereban is training for the child and must be done as if he’s a gadol.  The chinuch of Talmud Torah is a Torah commandment to teach the child how to learn Torah but not necessarily must it comply with the details of the mitzvah of a gadol for the point is that he should have the tools to learn on his own, not the mitzvah per say.          

The Rambam at the end of the laws of the Chagigah describes hakhal as a remembrance of Matan Torah.  The Rambam explains that’s why it must be read in Lashon Hakodesh even if the people don’t understand the language.  Rav Yitzchok Sorotzkin contrasts this with the regular obligation to read the Torah which is a law of teaching Torah.  (See Babba Kama 82a.)  However, we see that the Rambam didn’t understand like the Maharal that hakhal is a means of teaching Torah.  However, why would there be a mitzvah to commemorate Matan Torah, what’s the point?  Along the lines of the Or Hachaim we can understand that it’s to arouse yiras shamaim.  It’s clear from the Rambam that this effect happens even if the words being read aren’t understood.   The holy words of the Torah can pierce to the soul in a way that goes beyond the mental capacity of the person’s understanding of the Torah (see Meshech Chachmah.)      

Writing A Sefer Torah

וְעַתָּ֗ה כִּתְב֤וּ לָכֶם֙ אֶת־הַשִּׁירָ֣ה הַזֹּ֔את.  The Rambam beggining of Ch. 7 from the Laws of Sefer Torah says מצות עשה על כל איש ואיש מישראל לכתוב ספר תורה לעצמו שנאמר ועתה כתבו לכם את השירה וכו.  The rosh says that nowadays that our main learning is not from a sefer torah, rather from other seforim, one fulfills the mitzvah by owning other seforim.  Mitzvot don't change, so obviously the Rosh holds the geder of the mitzvah is to has a sefer to be able to learn with.  Assuming that is the case, why could one fulfill the mitzvah of writing a sefer torah only if he personally writes it, and if one must actually write it themselves, why isn't everyone looking to print their own Gemorah?  See here.

Darkest Darkness

The Gemorah in Chullin (139b) says אנכי הסתר אסתר פני (Devarim 31:18) is a hint to Ester.  Why is there a double expression of concealment in this verse?  The Gemorah in Megillah (13a) discusses what was the sin that lead to the evil decree of Haman.  The Gemorah suggests that it was because they benefited from the feast of Achashverosh.  The Gemorah rejects this because that would only account for Shushan but not the rest of the world.  In principle however, the Gemorah is happy with this reason.  Why is this a sin worth of destruction?

The Baal Shem Tov (Toldos Yaakov Yosef Berashis) explains the repetitive language of haster aster means that even the concealment is concealed.  Worse than being unprotected is when you don’t even realize that you are vulnerable.  This was the problem in benefiting from the feasts of Achashverosh.  It showed that the Jews were content in the golus willing participants in the kingship of Achashverosh.  They failed to realize they were living in a situation of hastara, in golus and life was not what it should be.  Yes, the benefit from the feasts isn’t a reason in it of itself for destruction but since we put out trust in a foreign ruler, Hashem leaves us in his hands.  The Jews are naturally in a state of danger for we are one sheep among 70 wolfs.  Our guardian shepherd is Hashem; when we forsake Him, he leaves us to graze among the wolfs (see Likutay Sichos volume 31.)

The Gemorah says that vayehi bima is a language of צער.  What is the צער at the beginning of the Megillah, everything seems great?  The very fact that we were living in the days of an Achashverosh is reason to feel distraught.  The very fact that we didn’t recognize the state of הסתרה we were in is the greatest צער