Taking a Closer Look (Rabbi Dov Kramer)
Throughout Sefer Devarim, Moshe speaks to the Children of Israel about their imminent entry into the Promised Land. This land is sometimes described as “being given” (present tense), i.e. it wasn't ours until now but is about to be given to us. Other times, it is described as land that “was given to us” (past tense) or that was “given to our forefathers” (obviously also past tense).
These different tenses appear in very close proximity in our Parasha, with Moshe telling the nation that they are about to cross the Jordan River “to inherit the land that Hashem your G-d is giving you” (Devarim 11:31), followed shortly thereafter by Moshe telling them which commandments they should be careful to follow “in the land that Hashem the G-d of your forefathers gave to you” (12:1). The Chasam Sofer points out another anomaly, as the first set of verses is accompanied (11:32) by the need to keep all of the commandments, while the second is only accompanied by the commandment to remove all of the idols that were worshiped by the previous inhabitants (12:2).
In order to address both of these differences, the Chasam Sofer references the Ramban's approach to a different issue (quoted in the commentary originally attributed to the Ritva on Shabbos 88a). The Talmud says that the nation being put “under the mountain” (Shemos 19:17) refers to G-d threatening to kill them if they don't accept the Torah. Lest this be used an excuse not to keep the Torah (since we were “forced” to accept it), the Talmud says that this excuse was nullified in the days of Achashveirosh (after the Jewish nation was saved from Haman's decree to wipe them out) when the nation accepted the Torah willingly. The Ramban asks how, if the excuse wasn't nullified until after the Purim miracle (which occurred after the destruction of the first Temple), could the nation have been punished - prior to their accepting the Torah willingly - by being sent into exile? Although there are numerous approaches to answer this question, the Ramban suggests that even though (until the Purim miracle) they had been forced to accept the Torah, being given the Promised Land was conditional. As long as they observed G-d's commandments they could live on it, but if they didn't, they would lose it. Therefore, after they stopped keeping the Torah, G-d took the land away from them, and sent them into exile. This, the Chasam Sofer suggests, is what the first set of verses is referring to. G-d is (present tense) giving you the land on the condition that you keep all of His commandments.
Normally, if a non-Jew used something for idol-worship, it does not need to be destroyed; the misuse needs to be disavowed and the items nullified. Nevertheless, the Torah commanded the nation to destroy the items used for idol-worship, despite that worship having been done by the non-Jewish inhabitants of the land. The Chasam Sofer suggests that when the Children of Israel worshiped the golden calf, it gave implicit approval to the idol-worshiping going on in Canaan. In essence (he says) they were doing it on our behalf, which necessitated destroying those items. However, if we first got the land when we entered it, there would be no connection between our worshiping the golden calf and their worshiping idols. It is only because G-d had already given (via His promise) the land to our forefathers that this connection was made, as they were living on land that had already been given to us, and it was as if those items already belonged to us. Therefore, when commanding us to completely destroy those things used for idol-worship, the fact that it had already been given (past tense) to us (through our forefathers) is mentioned.
This provides a local explanation for the change from present to past tense; an explanation would still be necessary for each time the land being given to us is mentioned in either tense. Aside from the complexity involved in considering the idols“ours” before we ever entered the land, the most straight-forward reading of the verses is that the necessity to destroy them stems from the need to remove them so that we do not serve them too. I would therefore like to suggest a different reason for the tense changes, as well as why the commandments referred to switch from all of them to just the removal/destruction of the idols.
Several years ago (www.aishdas.org/ta/5765/eikev.pdf) I discussed how we become connected to our forefathers by following in their footsteps and continuing their mission. This manifests itself by keeping the Torah, thus allowing us to tap into the promises G-d made to them. G-d had promised He would give them the land of Canaan, not by giving it to them directly, but by giving it to their descendants. First, though, there had to be 400 years of “living in a land that did not belong to them,” which included the years Yitzchok spent in Gerar, Yaakov spent in Aram and Egypt, and the Children of Israel lived in Egypt. Had the generation of the exodus been worthy, they would have been able to enter the Promised Land right away, since the 400 (430 from the “Beris Bein Ha'besarim”) had already passed. Yet, Yitzchok didn't live in Gerar all of his life, and Yaakov lived in Canaan for a number of years as well. These years “counted” because the land wasn't really theirs yet (as evidenced by Avraham having to buy the plot to bury Sara). It was “promised” to them, and G-d's promise is as good as if it were given, but the land wasn't actually given yet.
The land wasn't “given” to us until four decades after the 400 years of “living in a land that wasn't theirs” had passed, because we weren't worthy yet. If the next generation wasn't worthy, they wouldn't have been given the land either. This is what Moshe was afraid might happen if Reuvein and Gad's request to keep the land on the east side of the Jordan affected the nation the way the report of the spies had affected them. There was no guarantee which generation would get the land, only that, eventually, the descendants of our forefathers would get it. Moshe was therefore telling them that if they want to be the generation that gets it (present tense), the have to keep the Torah and its commandments.
However, they didn't deserve to get the land on their own merit, but because it had been promised to their forefathers and were continuing their mission. This was emphasized in last week's Parasha (Devarim 9:4-6), when Moshe told them that they would not be able to conquer the land because of their own righteousness, but because of the sins of the nations that lived there coupled with the promise made to the forefathers. (The wickedness of the other nations is mentioned with both sides of the equation to make sure that they know that righteousness is not relative, and even if they are more righteous than the other nations they are only getting the land because of their forefathers.) In order to be reminded that even though they are being given (present tense) the land now, Moshe adds that it is only because it had been promised/given (past tense) to their forefathers.
Keeping the Torah is incumbent upon every generation. There is one specific commandment, though, that is directed at the generation the land is actually given to: destroying the idols that were there. (If this was done properly, it couldn't apply to any other generation.) Nevertheless, to make sure that they understood that despite fulfilling this commandment, which (ideally) only applied to them, the land was really given to them because of their connection with their forefathers (through their Torah observance), Moshe used the past tense; “you are getting the land now because it was promised to them.”
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