Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat Devarim Volume VI/Number 43 (277) 9 Av 5752/August 8, 1992 "Shabbat Chazon" "Bayamim Hahem, Bazman Hazeh" Tisha B'Av 5252 (1492 C.E.) Chazal say that when Bnei Yisrael cried over the report of the spies, Hashem told them, "You cried unnecessarily on this day. I will make this a day of crying for all time." That day was the 9th of Av, the day on which both the first and second Temples were destroyed. Five hundred years ago on Tisha B'Av, the Jews were expelled from Spain. R' Yitzchak Abarbanel, an eyewitness to that event, writes that 300,000 Jews left Spain rather than submit to forced conversion or go into hiding. Beginning with this issue and continuing until Rosh Hashana, Hamaayan will be commemorating the memory of Spanish Jewry. We will present commentaries of Spanish sages and of scholars who traced their ancestry to Jews who left Spain because of religious persecution - as we will see, such oppression was not limited to the reign of Ferdinand and Isabella, Y"M - and also biographies of the commentaries cited. In doing so we will fulfill partially the injunction of Rabbenu Yonah in his commentary on this week's Parasha, for he derives from the Book of Eichah that when one tells of the downfall of a nation or community, one must incorporate seven elements: How it happened, how unexpected it was; how great the community was previously; how low it fell; how all its previous glory could not save it; that Hashem was justified in allotting that fate to the community; and prayer to Hashem for the future. ************************************ "Also these are for the wise; showing favoritism in judgement is not good." (Mishlei 24:23) One of the popular formats among Spanish "Darshanim" (those who spoke on Torah subjects to the masses, i.e. the educated and uneducated alike) was to introduce a talk on the Parasha with a related verse from Mishlei (Proverbs). This is evident in the commentary of Rabbenu Bachya ben Asher, as it is in the less well- known D'rashot u'Perushei Rabbenu Yonah. Rabbenu Yonah introduces Parashat Devarim with the above verse. He explains that at first glance, much of Sefer Devarim appears repetitive, but this is for a reason. Although Moshe had rebuked Bnei Yisrael throughout the 40 years in which he lead them, they were eager to hear more reproof in order to constantly improve themselves. As King Shlomo wrote elsewhere (Mishlei 9:8), "Rebuke a wise man, and he will love you." "Showing favoritism in judgement is not good." Many people use their last days to appease their opponents. Moshe, however, did not do so; until the very end he fulfilled his obligation as a leader to rebuke his people for their wrongdoings. How can Mishlei say, "Haker panim b'mishpat lo tov" - "Showing favoritism in judgement is not good," implying that it is not recommended, but it is permissible? Our Parasha states explicitly (Devarim 1:17), "Do not show favoritism in judgement." R' Baruch Halevi Epstein suggests that Shlomo Hamelech is not referring to showing favoritism. Rather, his teaching should be translated literally, "Recognizing faces in judgement is not good." What does this mean? Rambam writes that while judges would attempt to judge a case by the evidence presented, they are permitted to take into account the facial expressions and other demeanor of the parties in judging their truthfulness. While this is permitted, says Mishlei, it is unreliable and "not good." (Tosefet Berachah) ************************************ Rambam writes: In his Book [i.e. Sefer Devarim] Moshe reviews many of the Mitzvot which the generation which will enter Eretz Yisrael will need. He warns Bnei Yisrael repeatedly about them, and threatens them with many punishments. Sometimes he also adds details which are not mentioned earlier in the Torah. Moshe does not speak of any Mitzvot which apply solely to Kohanim, for Kohanim always act with alacrity [and therefore need no reminder]. There are a few Mitzvot in this Book which are not found previously, e.g. divorce and "Edim Zomemim" [a particular type of false witness.] However, there is no doubt that these Mitzvot were taught to Bnei Yisrael earlier, since [Chazal tell us that] Moshe did nothing new in his last days except renew the covenant between Hashem and Bnei Yisrael. This explains why the expressions, "Hashem spoke to Moshe saying," and "Command Bnei Yisrael," do not appear in Sefer Devarim. If so, how can certain Mitzvot be mentioned here for the first time? Chazal have already taught: "The Torah does not always follow chronological order." Torah must be understood on many levels, including the esoteric, and perhaps for such a reason, these Mitzvot appear "out of order." (Sefer Hachinuch; sometimes attributed to R' Aharon Halevi) ************************************ During a period of religious persecution in Yemen (centuries before the Spanish inquisition), Rambam wrote a letter of encouragement to the Jewish community there. In that letter, known as Igeret Teiman, Rambam noted that the Jews had long undergone persecution at the hands of Christians, Moslems, and nations which no longer exist, such as Bavel. Furthermore, he wrote, the prophet Yishayahu said (21:2) that any nation which attempts to oppress the Jews will succeed. However, Hashem has promised us that we will never be destroyed, and that He will never reject us as His nation. ************************************ Biographical Notes on the sources quoted in this issue Rambam (R' Moshe ben Maimon): Born 1135 in Cordova, in Moslem Spain; forced to flee Arab persecution with his family at age 13; settled in Egypt; wrote Mishneh Torah (Halacha), Moreh Nevochim (philosophy), and other works; died 1204 in Cairo. Rabbenu Yonah: Born circa 1180 in Gerona, Spain; was first- cousin of Ramban (R' Moshe ben Nachman); best-known as author of Sha'arei Teshuva, which combines Halacha and Mussar (ethics); also commentaries on Talmud, Mishlei, and Torah; was teacher of R' Shlomo ibn Aderet ("Rashba"); died 1263 in Toledo, Spain. R' Aharon Halevi (Ra'ah)": born 1230 in Gerona; was a student of Ramban; Sefer Hachinuch is sometimes attributed to him because its original title page read "A Levi from Barcelona" (where Ra'ah lived), but most scholars consider this attribution incorrect; some say his brother, R' Pinchas, wrote it; died in France, circa 1300. Rabbenu Bachya ben Asher: Spain, mid-1300's; studied under Rashba; wrote commentaries on Torah and Pirkei Avot; other works include Kad Hakemach, covering a number of ethical subjects; incorporated Kabbalistic thought into many of his writings. Abarbanel: Born in Lisbon, Portugal in 1437; moved to Spain in 1481, and rose to prominence as treasurer to Ferdinand and Isabella; settled in Naples, Italy after the expulsion from Spain; wrote encyclopedic commentaries on Torah, prophets and Pirkei Avot, and wrote numerous other works, including discussions of the future redemption, a subject of great interest to his oppressed generation; died in 1508. R' Baruch Halevi Epstein: Born in Lithuania; states in his autobiography, Mekor Baruch (English titles: My Uncle, the Netziv and Recollections) that his family name is translated from "Benveniste," the name of his Spanish ancestors; his father wrote Aruch Hashulchan; he is best known for his work, Torah Temimah; died in 1941. ************************************ The learning schedule for this Shabbat is: Mishnah Yomit: Negaim 14:12-13 (Learn two Mishnayot every day) Halacha Yomit: OC/MB 451:27-452:2 (Learn three paragraphs every day) Daf Yomi: Yevamot 41 (Learn two sides of a page every day) Rambam Chapter/Day: Hilchot Memarim - Chapter 6 3 Chapters/Day: Hilchot Nachalot - Chapters 9-11 Sefer Hamitzvot Sh:P248; Su:P176,N284,P175; M:N282,N283,P229,P228; Tu:P226,P227,P230,P231,N66; W:N310,P224,N300; Th:N294,N290 F:N279,N277,N275,N278,N273 ************************************ Donations to Hamaayan are tax deductible