Hamaayan/The Torah Spring Edited by Shlomo Katz Parashat Nitzavim-Vayelech 25 Elul 5753/September 11, 1993 From our archives..... The first half of this double Parasha, i.e. Parashat Nitzavim, contains no new Mitzvot. Rather, it continues the theme of the Tochacha (of last week's Parasha) by reminding us that when we experience suffering we should take it as a sign that we must return to G-d in repentance. It is no coincidence that this Parasha is always read on the Shabbat preceding Rosh Hashana. Parashat Vayelech contains the last two Mitzvot of the Torah. The 613th commandment is that every person write a Torah scroll for himself, and many commentators are at a loss to explain why the fulfillment of this Mitzvah has fallen into disregard. Some "Poskim" (Halachic decisors) write that nowadays when Torah knowledge is spread through countless books rather than through reading from a Torah scroll and expounding orally upon it, this Mitzvah is fulfilled by buying books and studying from them. ************************************ As we noted in the previous page, this Parasha teaches the Mitzvah of writing a Sefer Torah. R' Nissim, in his commentary to R' Yitzchak Alfasi's Hilchot Megilah, notes that this is a separate Mitzvah from the obligation to have a Sefer Torah from which to read in the synagogue. The latter of these, agree nearly all authorities, is not a Torah requirement. Rambam (Hil. Tefilah 12:1) writes: "Moshe established that Bnei Yisrael should read the Torah on Shabbat, Monday and Thursday, thus ensuring that they would never go three days without hearing a Torah reading. [Note the assumption that all congregations are attending the weekday Minyan.] Ezra [at the beginning of the Second Temple era] further decreed that the Torah should be read on Shabbat afternoon." Kesef Mishneh explains that this was done for the benefit of businessmen who were not learning as much as they should on the weekdays. The Mishnah in Megilah (3:6) learns from a Pasuk that the Torah portion relating to each holiday should be read on that holiday. The Gemara adds that on Yom Tov one must not only read the Torah portion but study the laws that derive from it. Although these lessons are alluded to in a verse of the Torah, they appear not to have the stringency of Torah laws. (See Kesef Mishneh quoted above.) There are certain Torah readings which are considered Torah obligations. The best known of these is Parashat Zachor, the chapter which enjoins us to remember Amalek's attack upon us. Some authorities consider the reading of Parashat Parah to be a Torah obligation as well. Tosfot (Megilah 17b) notes that there are also readings for special occasions which are Torah obligations. These include readings for the ceremonies known as "Eglah Arufah" (Devarim 21) "Vidui Ma'aser" (Dev. 26:12-15), and "Bikkurim" (Dev. 26:1-11). There is an opinion that the same verse which requires Torah to be read on Yom Tov requires it to be read on Shabbat, and that both are Torah obligations. (R' Yoel Sirkes quoted in Taz, O.C. section 685). However, this view has not been accepted. ************************************ Sefer HaMitzvot (and similar works by many authors) It is a universally accepted principle that the Torah contains 613 Mitzvot, but nowhere does the Torah delineate which of its many laws are among the 613 Mitzvot and which laws are merely subsidiary to that group. Thus, an entire body of literature arose whose sole purpose was to list, in some order, the 613 commandments of the Torah. The earliest of these were the Sefer HaMitzvot of R' Saadiah Gaon (died 942) and the Sefer Halachot Gedolot. The authorship of the latter work is uncertain, but it may have been written by R' Yehudai Gaon (died 761) or by one of his students. The author is commonly known as "Behag" after the initials of the Hebrew phrase meaning, "Master of the Halachot Gedolot." The best known of all of the Mitzvah lists is that authored by R' Moshe ben Maimon ("Rambam"). Although written as an independent work, this book also serves as a prologue to Rambam's magnum opus, the Halachic Code, Mishneh Torah. Rambam begins his Sefer HaMitzvot with an exposition of 14 "Shorashim" (roots) which served him in searching for the 613 commandments among all of the laws of the Torah. Among these, for example, is the rule that only Torah-laws, but not Rabbinic decrees, can be counted among the 613. (Rambam maintains that "Behag" erred in this regard by counting Rabbinic Mitzvot such as Chanukah among the 613.) Also, according to Rambam, the 613 Mitzvot must be those which are stated explicitly in the Torah, and may not include a law which is derived from the Torah by exigetical principles (i.e. the "Beraita of R' Yishmael", see page 48 in the Artscroll Siddur). Many commentaries have been written on Rambam's work, most notably those of R' Moshe ben Nachman ("Ramban") and R' Yitzchak Leon. The primary purpose of the latter is to defend the Rambam against the Ramban's attacks. Ramban's objections to Rambam's work are two-fold: He takes issue with some of the Shorashim upon which Rambam relies, and he disagrees with Rambam's application of those principles to some of the Mitzvot discussed. As a result, Ramban replaces several dozen of Rambam's Mitzvot with suggestions of his own. (Note: They do not necessarily disagree regarding the applicability of a certain law, but merely whether it should be counted as one of the primary 613 Mitzvot.) Other scholars who wrote works in this vein were R' Moshe of Couci, France (Sefer Mitzvot HaGadol or "Semag") and R' Yitzchak of Corbeil (Sefer Mitzvot HaKatan or "Semak"). Both of these scholars lived in 13th century France, and were among the "Ba'alei Tosfot." A popular work of unknown authorship is the Sefer HaChinuch, a Parasha-by-Parasha list of Mitzvot. [Readers will note that this work was quoted in Hamaayan in nearly every issue during the past year.] This work is believed to originate from 13th century Spain, perhaps written by a brother of the well-known R' Aharon HaLevi. The beauty of Sefer HaChinuch is in its clear and concise language as well as in its arrangement. By contrast, Rambam's Sefer HaMitzvot appears to list the Mitzvot in a random order. (The word "appears" is emphasized because any student of Rambam's works knows that he was the master of organization. However, no one has conclusively proven what system Rambam used to organize his list.) A popular commentary on Sefer HaChinuch is R' Aharon Babad's Minchat Chinuch. A recent variant of the Mitzvah-list theme is the Chafetz Chaim's list of Mitzvot which are applicable in our time (for example, this work excludes any Mitzvah whose fulfillment requires the existence of a Bet HaMikdash.) ************************************ The learning schedule for this Shabbat is: Shevi'it 5:3-4 O.C. 688:2-4 Gittin 5 Yerushalmi - Ma'asrot 9 ************************************ The hard copy distribution of this weeks Hamaayan is sponsored by: Manny and Loretta Sadwin and family on the Yahrzeit of Loretta's father, Irving Smolar, A"H ************************************ Hamaayan/The Torah Spring wishes all of our readers, sponsors, distributors and friends Best Wishes for a "K'tiva VaChatima Tova" and a good year. ************************************ Our office has reopened. 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