Vayelech: Making the Past Present

Parshas Vayeilech describes the last two positive commandments of the Torah:7

a) the mitzvah of Hakhel – “At the end of [a] seven-year period… when the entire [Nation of] Israel comes to appear before G‑d… gather all the people…;”8 and

b) the mitzvah to write a Torah scroll – “And now write for yourselves this song.”9

As is well known, “the order the Torah [employs] is also [a lesson of the] Torah.”10 Thus, the fact that these two mitzvos were not mentioned until close to the day of Moshe’s death is precise and intentional; “it is Torah,” a lesson to be contemplated and applied. However, this matter seemingly requires explanation: Why postpone the mention of these two mitzvos until the conclusion of the Torah?11

According to a straightforward reading, this question only concerns the mitzvah of Hakhel, since according to the literal interpretation of the Torah, the phrase, “And now write for yourselves this song,” does not refer to the writing of a Torah scroll but rather to the song of Haazinu12 which immediately follows. This song specifically relates to Moshe’s final days, as reflected in G‑d’s words:13 “… Behold, you are [about to] lie with your ancestors, and this nation will rise up and stray … My fury will rage … And now write for yourselves this song… so that it will be… as testimony…. For [when] I will bring them to the Land… and they will encounter many evils…, this song will bear witness for them.” Thus, the entire content of the song of Haazinu is meant to serve as testimony for the Jewish people when they will cross the Jordan and enter Eretz Yisrael. Hence, this appears to be an appropriate place for this song to be recorded for posterity.

However, regarding the mitzvah of Hakhel, although this mitzvah is also to be fulfilled only in the Beis HaMikdash,14 there does not appear to be a reason for it to be related to the Jewish people near the time of Moshe’s passing. Indeed, there are numerous mitzvos mentioned at an earlier time, particularly in the Book of Devarim,15 that the Jews were commanded to fulfill specifically in Eretz Yisrael after crossing the Jordan, in the Beis HaMikdash, and the like.

Since this mitzvah is to be fulfilled, “at the end of a seven-year [period], at the time of the [conclusion of the] Sabbatical year,” it would appear that it would have been appropriate to mention it in connection with the mitzvah of the Sabbatical year, in Parshas Behar or at least in Parshas Re’eh.16

On the surface, the following answer could be offered: The mitzvah of Hakhel involves reading “this Torah before all of Israel”;17 i.e., the king would read selections from the Book of Devarim, proceeding from its beginning onward.18 Since the composition of the Torah – including the Book of Devarim – was not completed until shortly before the death of Moshe,19 it was not appropriate to command the mitzvah of Hakhel until then.

However, this answer is somewhat forced, because this point – i.e., the designation of the passages that will be read by the king – is only one aspect of this mitzvah, and it is difficult to say that it would be a sufficient reason to delay mentioning this mitzvah to the Jewish people until after all the other mitzvos of the Torah were commanded.20

According to a straightforward understanding, the reason for the timing of the command can be explained as follows: Following the simple reading of the narrative, the mitzvah of Hakhel was part of Moshe’s charge to Yehoshua regarding entering Eretz Yisrael,21 “For you will come with this people to the Land that G‑d swore….” In connection with this matter, Moshe commanded Yehoshua to “read this Torah22 … [and] gather the people,” i.e., to fulfill the mitzvah of Hakhel.

In other words, as part of his charge to Yehoshua regarding the conquest and settlement of Eretz Yisrael, Moshe encouraged Yehoshua to lead the Jewish people in the fulfillment of the Torah and its mitzvos after they crossed the Jordan, for this specifically is what would enable them to maintain their presence in the Land.

In connection with this theme, Moshe communicated the mitzvah of Hakhel, for in order for the Jews to maintain their presence in the Land, Yehoshua23 and the kings24 who would follow him must “read this Torah” to the people “so that they hear, and so that they learn… and their children… will hear and learn to fear G‑d, your L‑rd, all the days that you live on the Land, which you are crossing the Jordan to possess.”25

This interpretation provides a straightforward answer as to why this mitzvah was commanded only at this later time: This mitzvah was related as – and it resembled – the final message and command to Yehoshua regarding the manner in which he should conduct himself upon entry into Eretz Yisrael.

Therefore, this mitzvah was not mentioned in connection with the mitzvah of the Sabbatical year. Were it to have been mentioned in that context, it would have been regarded as a particular element of the mitzvah of the Sabbatical year that was commanded at Mount Sinai in the beginning of the Jews’ 40-year journey through the desert. Instead, it was mentioned at this point to emphasize the message that it is a command and a lesson regarding the proper conduct of the Jewish people after they settle in Eretz Yisrael.

There is no room to raise a question based on the fact that the observance of the mitzvah of the Sabbatical year is also associated with maintaining the Jews’ presence in Eretz Yisrael, as emphasized in the tochei­chah.26 There, it states that the Jews were to be exiled from the Land of Israel as punishment for the violation of the mitzvah of the Sabbatical year.27

The rationale why the Torah does not mention the two mitzvos together is that there is a great difference between the mitzvah of the Sabbatical year and the mitzvah of Hakhel. The mitzvah of the Sabbatical year is of a particular nature. It is a mitzvah incumbent on every individual, to be fulfilled in his individual plot of land. Even if one would say that it is also a mitzvah incumbent upon the community as a whole, ultimately, it is still merely a specific mitzvah that is fulfilled in Eretz Yisrael.

By contrast, the mitzvah of Hakhel is of an all-encompassing nature, for it is intended to motivate the entire Jewish people “to learn to fear G‑d,” to the extent that its effect will continue “all the days.” Its effect is meant to be all-inclusive, leading to the observance of all the mitzvos, for all time. Its observance is dependent on a king, the leader the entire people, who will conquer the Land in a manner similar to Yehoshua’s conquest.

All the above follows the straightforward understanding of the Torah, according to which:

a) the verse “And now write…” does not refer to the mitzvah of writing a Torah scroll; rather it refers to recording the song Haazinu;

b) the mitzvah of Hakhel follows in sequence to Moshe’s final commands to Yehoshua regarding the entry and conquest of Eretz Yisrael.

However, according to a halachic understanding of the Torah’s commands, explanation is necessary regarding the mitzvah to write a Torah scroll (which, as stated above, is derived from the verse, “And now write for yourselves…”). Similarly, with regard to the mitzvah of Hakhel, the resolution proposed above – that the commandment is part of Moshe’s final charge to Yehoshua – is not sufficient. In particular, this applies according to the opinions that the mitzvah of Hakhel is not a mitzvah incumbent on the king specifically.28

It is possible to offer an explanation of the original question – Why were these mitzvos mentioned at this juncture in time? – by first citing Rambam’s words regarding the mitzvah of Hakhel:29

[Those who gather] are obligated30 to focus their hearts and listen attentively with awe and fear, rejoicing while trembling,31 as on the day [the Torah] was given at Sinai. Even great sages who know the entire Torah are obligated to listen with exceedingly intense concentration. One who is unable to hear should focus his attention on this reading, for Scripture established it solely to strengthen the true faith. He should see himself as if he is now being commanded regarding [the Torah] and is hearing it from the Almighty, for the king is an agent [whose task it is] to make known the word of G‑d.

Based on these words, we can understand the reason why this mitzvah was related at the end of the 40-year journey through the desert, close to the Jews’ entry into Eretz Yisrael and not related together with the other mitzvos of the Torah that are dependent upon living in Eretz Yisrael. The nature of this mitzvah differs from all the other mitzvos that are dependent upon living in Eretz Yisrael. The stipulation that those mitzvos are to be fulfilled upon the entry into Eretz Yisrael is merely a condition specifying the place where and time when the obligation to perform them takes effect – clarifying that the Jews were not obligated to perform them in the desert, but only when they entered Eretz Yisrael. By contrast, the obligation to fulfill the mitzvah of Hakhel in Eretz Yisrael is an integral aspect of the mitzvah itself. When the Jewish people left the Sinai Desert (the place where they received the Torah “from the mouth of the Almighty”) and entered an entirely different place – and, similarly, underwent a transition from the leadership of Moshe (who received the Torah “from the mouth of the Almighty”) to the leadership of Yehoshua – it was necessary to re-create in microcosm not only once, but from time to time, the Giving of the Torah at Sinai. This is the intent of the commandment, “Gather the people, the men, the women, the children, and your converts” – to reinforce the message of the Torah and encourage them to observe its mitzvos.

Based on this explanation, it could be said that a similar concept applies regarding the mitzvah of writing a Torah scroll, concerning which it is expressly stated,32 “ ‘Write’ – [If one does so,] Scripture considers it as if he received it at Mount Sinai.” This concept is cited as halachah by Rambam33 with regard to the mitzvah of writing a Torah scroll. In a complete sense, this is the intent of the mitzvah of writing a Torah scroll – that even those who were not actually present at Mount Sinai will be able to experience something comparable to receiving the Torah. Therefore, this mitzvah was conveyed to the Jewish people close to the time they would leave the desert and Moshe’s leadership.

It is possible to explain the reason why it was necessary to specify two mitzvos so that there will always be an experience comparable to receiving the Torah at Sinai. In general, the Giving of the Torah involved two commitments on the part of the Jewish people: a) accepting the content of the Torah, which involves the obligation to study it; and b) accepting the yoke of its mitzvos.34

It is possible to say that these two mitzvos reflect these two obligations: The theme of the mitzvah of Hakhel involves the acceptance of the mitzvos of the Torah, while the mitzvah of writing a Torah scroll is primarily for the sake of studying the Torah.35

The distinction between these two mitzvos is reflected in the explicit verses, which state that the purpose of the mitzvah of Hakhel is “so that they hear, and so that they learn and thus fear G‑d your L‑rd and be mindful to keep all the words of this Torah. And their children who are unaware will hear and learn to fear G‑d, your L‑rd, all the days….”36 Thus, the fundamental emphasis of the mitzvah of Hakhel is to engender the fear of G‑d that will lead to the observance of the mitzvos. By contrast, the mitzvah of writing a Torah scroll is to learn it, as also stated explicitly,³ “And now write for yourselves this song and teach it to the Children of Israel. Place it in their mouths.” Clearly, the purpose of writing down the Torah is the study that follows.37

The above distinction between these two mitzvos also applies in a halachic sense and involves a practical application. Rambam states regarding the mitzvah of Hakhel:38

“It is a positive commandment to gather all of Israel, men, women, and children… and to read aloud passages from the Torah in order to inspire them [to observe] the mitzvos and strengthen their hands [i.e., their actions] in [keeping] the true faith.”

The implication is that this entire great and holy event was not intended so much for the sake of studying the Torah – learning the passages read at that time – but rather for the sake of reinforcing and encouraging the observance of its mitzvos.

It is possible to say that this is the reason Rambam writes later in his discussion of the matter, that everyone, even those who do not understand must hear the reading:²³

[All] are obligated to focus their hearts and listen attentively with awe and fear, rejoicing while trembling…. Even great sages who know the entire Torah are obligated to listen with exceedingly great concentration. One who is unable to hear should focus his attention… for Scripture established it solely to strengthen the true faith. He should see himself as if he is… hearing it from the Almighty.

The above indicates that the purpose is not study, but rather acceptance of the yoke of the mitzvos.

The concept that the mitzvah of writing a Torah scroll is for the purpose of study is also relevant within the context of Torah Law, as Rabbeinu Asher writes:39

In the earlier generations, [the mitzvah of writing a Torah scroll that is incumbent on every individual required that everyone] would write a Torah scroll and study from it. However, in the present time, when Torah scrolls are written and placed in the synagogues for the communal readings, the positive commandment is that every Jewish man who has the capacity should write the five books of the Torah, [and also] the Mishnah, the Gemara, and their explanations so that he and his sons can contemplate them. For the mitzvah of writing down the Torah is [for the purpose of] studying it, as it is stated, “And teach it to the Children of Israel. Place it in their mouths.” It is through the Gemara, and [its] commentaries that one can know the interpretation of the mitzvos and the laws concerning them thoroughly. Therefore, the above are the books that a person is commanded to write.40

Based on the above, we can understand an additional difference between these two mitzvos: The mitzvah of writing a Torah scroll is incumbent on every individual. To quote Rambam,41 “It is a positive commandment incumbent upon every individual Jewish man42 to write a Torah scroll for himself.” By contrast, the mitzvah of Hakhel relates to the community as a whole;43 this is the theme of the mitzvah – to “gather the people.”

This distinction can be clarified based on the explanation cited above: that the purpose of the mitzvah of writing a Torah scroll is to facilitate the study of the Torah, while the mitzvah of Hakhel is intended to foster acceptance of the yoke of the mitzvos.

Every Jew relates to Torah study individually. Firstly, there is a distinction between the manner in which this mitzvah is incumbent on different individuals. There are those who may fulfill their obligation to study Torah only by “contemplating it day and night”44 in the most literal sense. And then there are others who fulfill their obligation by reading merely one verse in the morning and one verse in the evening, as stated in Hilchos Talmud Torah.45 Secondly, people vary with regard to their comprehension of the Torah, for every person grasps its teachings according to his own level of understanding. Therefore, the mitzvah of writing a Torah scroll – that relates to the study and comprehension of the Torah – is a mitzvah that is incumbent upon each person individually.

By contrast, with regard to the observance of the mitzvos, “there is one Torah and one statute for all of us with regard to the observance of the entire Torah and [its] mitzvos on the plane of action.”46 Similar concepts apply regarding the acceptance of the yoke of the mitzvos – the fear of G‑d that leads to the observance of the mitzvos as stated47 with regard to Hakhel, “And they will… thus fear G‑d… and be mindful to keep all the words of this Torah.” The acceptance of the yoke of G‑d’s kingdom transcends all division and is uniformly relevant to every soul. Therefore, the mitzvah of Hakhel whose purpose is to arouse the Jewish people to fear G‑d and observe His commandments is an obligation of the community, universally applying to the entire Jewish people.

We see parallels to these two motifs at the Giving of the Torah itself. As a whole, the Sinai experience encompassed the entire Jewish people as one, at one time. This is why the Ten Commandments were stated in the singular; they were addressed to the Jews as a single collective entity.48 And our Sages said49 that “were even one Jew to have been missing [at Sinai], they would not have been worthy of the Giving of the Torah.” Conversely, however, our Sages50 emphasized that another reason why the Ten Commandments were phrased in the singular is that they were spoken to every Jew individually.

It can be said that these two motifs paralleled the two new developments that were brought about by the Giving of the Torah:

a) The Torah with its mitzvos was given to the Nation of Israel in a manner that was universally applicable to all Jews. As a result, the Giving of the Torah included the totality of the Jewish people as a single entity.

b) By contrast, the potential to study the Torah that was made possible by the Giving of the Torah was granted to every individual according to his personal capacity.

There is a reason and a necessity to re-live and re-create the Sinai experience from time to time – each seven years51 – at the Hakhel gathering and, similarly, for each person to write a Torah scroll so that “it would be as if he received it at Mount Sinai.”

True, all the Jewish souls were present at the time of the Giving of the Torah,52 for the Torah was given to “those who are here with us… and those who are not here.”53 And we are commanded,54 “Only take care and guard your soul very carefully, lest you forget the things that your eyes saw, and lest they depart from your heart all the days of your life. Make known to your children and children’s children [the events of] the day on which you stood before G‑d your L‑rd at Chorev.”55

Nevertheless, the re-creation of the Sinai experience is necessary because the fundamental new development that happened at the Giving of the Torah was not merely the study of the Torah or hearing G‑d’s mitzvos. Indeed, parallels to that existed before the Giving of the Torah in the era of the Patriarchs and in subsequent generations. What was new and distinct about the Giving of the Torah was that the experience was not merely intellectual; it was visual, “The entire people saw the thunder…,”56 “You have seen… that… I spoke to you,”57 “G‑d, our L‑rd, has shown us His glory,”58 i.e., the connection with the Torah – and with G‑d – was achieved through sight so that it would have a powerful and lasting impact and, as a result, “the awe of Him will be upon you, so that you do not sin.”59

It is specifically through sight that this objective could be accomplished in a consummate manner. As is well known,60 hearing is entirely different than seeing.61 Hearing is from a distance.62 Therefore, it is only able to capture soundwaves, which are a non-tangible entity – for example, a voice, a sound, or something similar – and are only heard. Moreover, they can be comprehended and understood, that is to say, taken in only by the spiritual dimensions of a person. By contrast, sight involves closeness. Therefore, through it, a material entity can be perceived. It also affects even the physical existence of a person, leaving an indelible imprint upon him. Once a person sees something, his conception of it will never be shaken.

This represented the uniqueness of the Giving of the Torah. “The entire people saw the thunder”; they saw what was ordinarily heard.63 The spiritual – that which is ordinarily heard – was seen, i.e., affected the people as powerfully as does physical sight. Therefore, “I am G‑d your L‑rd,”64 became a manifest reality for every individual Jew, permanently ingrained within their beings.

It can be said that for the generation that followed the generation that experienced the Giving of the Torah – and certainly for the generations that came after them – to “fear G‑d your L‑rd and be mindful to keep all the words of this Torah,” the mere remembrance of the Giving of the Torah at Sinai is not sufficient. That event happened in the past. Because it is distant – in time, and even more so in the emotional sense – remembering it will not have such a powerful effect. Instead, it is necessary for there to be a special occasion, the Hakhel gathering, where the entire Jewish people – men, women, and children – will assemble together like at the Giving of the Torah at Sinai. Every person in attendance “should see himself as if he is now being commanded regarding [the Torah] and is hearing it from the Almighty, for the king is an agent [whose task it is] to make known the word of G‑d.”

Similar concepts apply regarding the mitzvah of writing a Torah scroll. Specifically, only when one writes a Torah scroll himself, with his own hands, will it impact him “as if he received it at Mount Sinai.” The impression writing the scroll will leave will resemble the eyewitness experience of the Giving of the Torah, when even the Jews’ physical bodies responded with “awe and fear, shuddering and trembling.”65

Even though in the present age, when the Beis HaMikdash is not standing and there is no mitzvah of Hakhel in the literal sense, it is understood that all the matters involving the Beis HaMikdash, for example the sacrifices and the like, still exist in a spiritual sense. In that vein, our Sages said,66 “The prayers were ordained in place of sacrifices.” Similarly, there should be parallels67 to the Hakhel gathering.68

The increase and strengthening of the arousal which every person will bring about by gathering together those men, women, and children with whom he has a connection, and motivating them to study the Torah and to keep its mitzvos, including “to fear G‑d, your L‑rd,” will have an effect on all those assembled. The remembrance and the reenactment of the Hakhel gathering will generate a fear of G‑d that will continue “all the days,” with energy and power, “as if [one] is now being commanded regarding [the Torah] and is hearing it from the Almighty” with an intensity similar to that generated by the eyewitness experience of the Giving of the Torah.

This will hurry and speed the fulfillment of the prayer,69 “May our eyes behold Your return to Zion in mercy,” and to Jerusalem, Your Sanctuary, the Third Beis HaMikdash, with the coming of Mashiach, who will “read this Torah” at the Hakhel gathering, at the time of the true and Ultimate Redemption. May it come speedily, in our days.

Adapted from a sichah delivered on Shabbos Parshas Nitzavim-Vayeilech, 5733 (1973)