Rabbi Dov Kramer on the Parsha

Taking A Closer Look (Rabbi Dov Kramer)

“And Moshe wrote (put on parchment) this Torah, and he gave it to the Kohanim, the sons of Levi, the carriers of the ark of G-d’s covenant, and to all of the elders of Israel” (Devarim 31:9). “On the day that Moshe died, he wrote 13 Torah scrolls; 12 of them he gave to the 12 Tribes (one scroll for each Tribe), and one that was placed in (or by) the ark, so that if they want to alter it, they will not be able to (i.e. the 13th scroll would be a reference to ensure that the text remained intact).” This Chazal (Midrash Tehillim 90) is echoed throughout Rabbinic literature. After I gave my weekly Chumash shiur last Thursday night (which had nothing to do with this Chazal), I was asked how it was physically possible for Moshe to write 13 complete Torah scrolls in one day. To be honest, not only had this question never occurred to me, but even after it was asked, it didn’t really seem (to me) to be a big problem. After all, we’re talking about Moshe Rabbeinu, in a situation where it was of primary importance to get this done; having it done miraculously would just be “par for the course.” (My father had the same reaction when I shared the question with him.) Nevertheless, I said I would, bli neder, look into it. (Hopefully he’ll come to this week’s shiur, as it will be a large part of what I hope to cover!)

Sure enough, Eitz Yosef (Devarim Rabbah 9:9; 9:4 in most editions that carry his commentary) writes, “there is no doubt that this happened miraculously, for who is able to write even one Sefer Torah (Torah scroll) in one day.” Tzror Hamor (Devarim 31:24) elaborates on this, telling us that “holy things are done by themselves, without human help.” He brings several examples of verses that speak in a passive form, with things being done, not someone doing them, such as creation (Beraishis 2:1 and Tehillim 33:6), the Mishkan (Shemos 39:32) and the Temple (Melachim I 6:7). Here too (by Moshe’s Torah scrolls), the verse says, “until they were finished” (as opposed to “until he finished [writing] them”), because these 13 Torah scrolls were written “by themselves,” i.e. miraculously. Alshich explains that they had to be written miraculously so that everyone would realize that the whole Torah came from G-d, not just the 10 Commandments (which had also been written miraculously). This echoes the thoughts of the Rokayach (31:26), who wrote, “in order that they will not say that only the [10 Commandments] which G-d [Himself] spoke, are primary, but not the [whole] Torah, therefore the Torah was placed at the side of the ark (next to the Luchos).” In short, these sources clearly indicate that the 13 Torah scrolls being written in one day was miraculous, and had to be.

Others are not as sure. In his comments on Midrash Tehillim, Rabbi Shlomo Buber suggests that perhaps the Midrash really meant that Moshe handed the Torah scrolls over on his last day, not that they were written on that last day. In fact, many of the sources that discuss these 13 Torah scrolls, such as Pesikta D’Rav Kahana (32), Midrash HaGadol (Devarim 31:9), Sifre (in a manuscript quoted in the notes in the Finkelstein edition at the beginning of Devarim), and Rambam (Introduction to the Mishnah), make no mention of the scrolls being written on Moshe’s last day. Additionally, one of the reasons given for saying “Tzidkasecha” at Mincha on Shabbos is based on Moshe dying on Shabbos (see Sefer Chasidim 356); since writing is one of the 39 categories of work forbidden to do on Shabbos, how could he have written anything, much less 13 Torah scrolls, on Shabbos? However, many answers are given to this question (see Bach, O”C 292), and several (see Or Zarua, Hilchos Motza’i Shabbos 92 and Mordecai (Pesachim 105b) prove that Moshe died on a Friday, taking for granted that the 13 Torah scrolls were written on Moshe’s last day. [As a side note, Mordecai quotes Sifre as the source of Moshe writing 13 Torah scrolls on his last day, and there is some discussion as to what he meant by “Sifre” since this is not in our editions. Finkelstein assumes that the manuscript he quotes is what Mordecai had, but even that manuscript makes no mention of it being on Moshe’s last day. Either Mordecai meant to reference a different Midrashic source (as Maharitz Chiyos suggests, see Buber’s notes on Midrash Tehillim and Pesikta D’Rav Kehana), or if the version of the Sifre he had didn’t mention it explicitly, Mordecai understood from the context of the day’s activities that Moshe must have written the Torah scrolls on his last day.]

Numerous sources (besides Midrash Tehillim) mention specifically that Moshe wrote these scrolls on his last day (e.g. Tosfos on Devarim 31:26), with the context of several necessitating that it be on that last day. Devarim Rabbah (9:9) says that one of the things Moshe hoped to accomplish by writing 13 scrolls was to be involved in holy activities the whole day and thus prevent the Angel of death from being able to kill him on the day destined to be his day of death (similar to King David having to be distracted from learning Torah by the Angel of Death). If so, the writing of the scrolls had to have been done on that last day, not just his handing them over to the nation. Interestingly, the Midrash says that the sun refused to set until Moshe finished (whereby he could die, and do so on the day he was supposed to), indicating that Moshe’s last day lasted for far more than 24 hours, giving him more than a “day” to write the scrolls.

Maharzo suggests that most of the text had been written previously, as Moshe had written each part down (on 13 different scrolls) as he was taught them by G-d. It was the final parts (and, I would add, the narrative that connects the parts) that were written on that last day, making them full, complete scrolls. (Since Maharzo is commenting on Midrash Rabbah, he must be of the opinion that there was still enough left to be written that it would take up the whole day, or Moshe’s attempt at warding off death could not work.) However, Rashi had told us (Devarim 29:3) “he heard” that Moshe originally gave a Torah only to the Tribe of Levi, at which point the other tribes insisted that they get one too. This happened on Moshe’s last day, which means Moshe wouldn’t have written parts of the other 12 scrolls until then; all he would have thought would be necessary was one scroll. [Interestingly, several versions (see Yalkut Shimoni 941 and Rabbeinu Efrayim on Devarim 31:9) have Moshe writing 12 scrolls on his last day, which makes sense if it were only the 12 scrolls requested by the other Tribes on that day that Moshe had to write at the last moment.]

Although by saying “he heard” Rashi is indicating that it was not from a Midrashic source, it is likely that Moshe being asked on that last day to provide a Torah to each Tribe was suggested to answer why Moshe waited until the last day to write the 13 scrolls. Nevertheless, recent editions of Rashi have tried to give his comment a Midrashic source, and point out that it is similar to something quoted in Yalkut Shimoni (938, pg. 662 in the standard edition). There are several differences between the Midrash and Rashi; the one most relevant to our discussion is who approached whom. Whereas Rashi says that the nation approached Moshe demanding that they get a copy of the Torah too, the Midrash has Moshe asking the nation if they also want access to it. Nevertheless, this doesn’t necessarily mean these are two separate versions of what happened.

“Moshe said to them, ‘do you want a covenant to be enacted with you that anyone who seeks to study Torah will not be denied?’ They responded to him, ‘yes.” They stood, and they swore that no one will be held back from reading the Torah, as it says (Devarim 27:9), ‘to all of Israel, saying, ’Moshe said to them (ibid), ‘today you have become a people.” Describing this as a “covenant” has many ramifications. For one thing, since it was a covenant, it’s possible that the nation first approached Moshe about having access to the Torah, to which Moshe responded by asking if they wanted to make it a (or to include it in the) covenant. Secondly, Chazal tell us (see Tanchuma Netzavim 3 and Soteh 37b) that there were three covenants: at Mt. Sinai, in the Mishkan, and at Arvos Moav (some add one at Mt. Grizim/Mt. Aival). There is much discussion regarding what the nature of each of the covenants were, and this Midrash indicates that the one at Arvos Moav gave access to the Torah to everybody, not just to the Tribe of Levi. Additionally, it informs us of what might have been had this covenant not been made, as only the teachers, the Tribe of Levi, would have been involved in deep Torah study; everybody else would only study practical law, and would have to ask a Levi any question they had (as they would have been denied access to the source texts to figure out the basis of the law).

Think about it: The only sages that would have (or could have) been quoted in the Mishnah, Talmud or Midrashim would be those that were Kohanim or Levi’im. The same is true of our Yeshivos and Batei Midrashim; only those with proof that they were from the Tribe of Levi would be allowed in. The only thing the rest of us could study would be Mishnah Berurah, Kitzur Shulchan Aruch, or something similar. (“V’dibarta bam” would, for us, refer to this type of study.) However, since we agreed to this covenant at Arvos Moav, even I, a non-Levi, am allowed to try to write this piece and research any other issue that I want to understand more fully. Only after the covenant was enacted did we become a full nation, with a “heart to know, eyes to see and ears to hear” (Devarim 29:3). If it was only enacted because the nation first approached Moshe, we can understand why Moshe had to realize what they wanted before they could become such a nation (see Rashi there). (Even without the covenant aspect, it was only because Moshe realized what they wanted that he was able to give them more than he otherwise would have given over to them.)

Let’s take it from the other perspective. What if Moshe’s offer of this covenant wasn’t a response to the nation’s request? What if he would have offered it anyway, or was hoping they would request it? A nation that consisted of primarily halacha learners (and observers) would not need full Torah scrolls (only the teachers would). They would study the parts of the Torah they had already been taught by Moshe, but wouldn’t need to see how the parts were connected, which “lesson” was attached to another “lesson.” All they would need were individual scrolls that contained each separate lesson; there would be no reason to write these “lesson scrolls” in a way that they could be easily attached (after the connecting narratives were added) to become one cohesive scroll. However, if Moshe was hoping all along that they would request such a scroll, and/or would agree to such a covenant, then he likely would have written each lesson down in a way that they could more easily be connected to become a full Torah scroll.

Putting this possibility together with several others, it doesn’t seem as difficult for Moshe to have “written” all 13 scrolls in one day. Bear in mind that at the covenant at Sinai, Moshe gave them scrolls with all of Beraishis, a large part of Shemos, and perhaps even part of Vayikra (see Rashi on Shemos 24:4 and Chizkuni on 24:7). If Moshe was planning on offering them full access to the Torah (or hoping they would ask), he would have written down everything they would have to study anyway in a way that could easily be incorporated into a Torah scroll. All that was left to do after they agreed to this covenant was to add the connecting narratives and G-d’s final additions. This would still take plenty of time, and Moshe was hoping it would take too long to finish in one day, thus preventing the Angel of Death from taking his life. However, G-d hinted to the sun that it should stay up longer, and Moshe was able to finish everything before the day ended. He was able to take the parts of 13 (or 12) Torah scrolls he had already written, add what needed to be added, and put them together in one day. Which is still pretty miraculous in its own way.

Rabbi Dov Kramer on the Parsha

Taking A Closer Look (Rabbi Dov Kramer)

“Even those that do not refrain [from eating] bread baked by non-Jews [all year long] must refrain [from eating it] during the Ten Days of Repentance.” Rabbi Yosef Cairo included only two laws regarding the Ten Days of Repentance in the Shulchan Aruch (O”C 6:02-603), this being the second one. (The first is that we say additional prayers and supplications during these days; Rama adds additional details and laws.) The notion that we should do things (or refrain from things) during these days of judgment even if we have no intent of continuing after Yom Kippur seems rather strange. Are we trying to fool G-d? Doesn’t He know that we intend on reverting to our old behavior shortly after Yom Kippur ends? What’s the point of keeping a law temporarily if it does not bring about any permanent change?

Additionally, why is this particular law (or “chumra”) the one chosen, as opposed to any other? Why not “Cholov Yisrael” or “Chudush/Yushun?” If I get hungry at work next week, and would have considered buying Entenmanns’s rich frosted donuts, there are three possible reasons why I shouldn’t (four if you count the requirement to be healthy): (1) It has non-Cholov Yisroel ingredients, and eating it may violate the rabbinic decree against ingesting milk that did not have Jewish supervision from the time it was milked; (2) Since wheat harvested last month has already entered the market in fresh-baked products, there is a real possibility that it contains grains that are biblically forbidden to be eaten until after Pesach; and (3) it falls under the category of “Pas Palter,” a rabbinic decree against eating baked goods that were not baked by Jews. Yet, the reason the Shulchan Aruch tells me not to eat it is the latter issue, not the other two. There are “heterim” (leniencies) for all three aspects (see Shu”T Chasam Sofer Y”D II 107 and Shu”t Igros Moshe Y”D I 47-49 regarding Cholov Yisroel, Aruch HaShulchan Y”D 293 1-28 and Mishneh Berurah/Bayur Halacha on O”C 489:10 regarding Chudush/Yushun, and Y”D 112 regarding Pas Palter), yet Pas Akum is the one the Halachic Decisors focus on. Why?

Pas Palter is unique among the three in that despite the rabbinic decree, it was never universally accepted. Those places that did accept it follow the restrictions all year long, but the places that never accepted it when it was first introduced are not required to keep it now either. It is these places that the Shulchan Aruch says must keep this restriction during the Ten Days of Repentance; the other places must already do so all year long. Aruch Hashulchan says that this is precisely why this halacha was chosen, as if there was a real reason to keep it the rest of the year, doing so during these ten days would create an obligation to do so even after Yom Kippur. Therefore, a halacha such as Chudush/Yushun is not recommended to be kept just for these ten days, because once started, it would need to be kept all year. According to Aruch HaShulchan, it is the lack of a real reason to keep it the rest of the year (for those that don’t) that allows it to be kept for this short time. The question remains, though, what the point of keeping it temporarily is.

Levush doesn’t position avoiding Pas Akum/Palter as a requirement, but as a custom. The reason for this custom is “so that a person will conduct himself in purity during these days, and remember that they (these days) are different in that they are on a higher level than the rest of the days of the year.” This is consistent with the source of the custom/law (see Tur); Rebbe Chiya having instructed Rav to eat everything in purity (even “chulin,” which can be eaten if ritually impure) during this week. If the goal is “purity” and Pas Akum affects this, it is understandable why Pas Akum (and Pas Palter) should be avoided during this “pure” week, even if it is permitted the rest of the year. Other halachic issues, which do not affect “purity,” are therefore not included in this law/custom. [This fits very nicely with how the Torah describes Yom Kippur: “For on this day G-d will bring atonement upon you, to purify you, from all your sins before G-d, you will be purified” (Vayikra 16:30). If “purification” is a major theme of Yom Kippur, it makes sense for us to engage in acts of purification, and avoid things that negatively affect it, in the days leading up to it.]

Chayei Udum (143:1), after describing how we should prepare for our judgment on Yom Kippur - by repenting and being involved in more mitzvos, good deeds, Torah study and charity than the rest of the year - adds, “and therefore it is appropriate for a person to conduct himself during the Ten Days of Repentance with [additional] manners and stringencies, even if he does not keep them all year, for the Holy One, Blessed is He, also acts with extra benevolence with His creations. And those who eat Pas Palter all year, during these days it is appropriate not to eat anything but Pas Yisroel, and so it is with all matters.” The two things I found relevant to our discussion are that the notion of doing something extra is not necessarily limited to Pas Palter, and that taking this extra stringency temporarily is a means of remembering to do more in other, more primary areas (good deeds, mitzvos, Torah study and charity). If the purpose is to help us remember to do more during these days, it is understandable that the prescribed way to do so is through baked goods, a staple of the human diet.

The Kitzur Shulchan Aruch (130:2) focusing on the last part of the Chayei Udum’s formulation, writes: “During these days it is appropriate for a person to keep even stringencies that he doesn’t keep the rest of the year, for we are also asking G-d to act with us with benevolence. And one who eats Pas Palter all year should not eat, during these days, anything but Pas Yisroel, and so to with things similar to this.” Again, Pas Palter is not seen as the only halacha that fits into this category of “things to keep only during the Ten Days of Repentance. However, whereas the Chayai Udum puts these extra stringencies in the same category as doing other extra things and adds a comparison to G-d doing extra for us during this time, the Kitzur says that the reason to keep extra stringencies is to make our request that G-d do more for us more reasonable.

The High Holiday season is of primary importance because it causes us to examine our lives, reassess where we are, what we should be doing and where we should be headed, and it focuses our attention on correcting what needs to be corrected. This “forced” introspection can have varying levels of success. It can slow a process of descent, it can recalibrate those who may have started to veer off course, it can reverse a trend by redirecting the ebb and flow of spiritual growth back towards G-d, or it can help increase the rate of that growth. There are always ups and downs in life, but one of the keys to long-term success is making sure things are generally moving in an upward direction, so that the “lows” are not as low as they once were (and may even be the equivalent of previous highs) and the “highs” exceed previous highs. Along with reassessing how we’ve handled our day-to-day (and moment-to-moment) battles (and figuring out how to do better the next time a similar battle is upon us), it is important to examine the long term prospective as well. Where are we this year compared to last year? Are we trending upwards, or are we at the same basic place we were last year at this time (and two years ago, and three years ago)?

Being judged on Rosh Hashana and Yom Kippur forces us to take a closer look at how we did on a micro level (how we did at each point of confrontation between good and bad, between truth and falsehood) as well as on a macro level. Minimizing a move away from G-d (chas v’shalom) is an important accomplishment of this process, as is helping stay the course (from a year-to-year perspective) rather than ending up further away than had there been no process. Ideally, though, we should come away from the process in a better position than we were after last year’s process, growing from year to year so that we can accomplish that much more in our lifetime.

Assessing our lives on a macro level takes more than just looking backwards, seeing where we are now compared to where we were in past years at this time. It also means looking forwards, to what we hope to accomplish in the future, whether it be this coming year or in the years after that. However, it is very difficult to look forward and recognize where we should be in the future (distant or otherwise) while not being there yet. If I know I should be doing something a year from now, even if am not ready to do it just yet, how can I accept not doing it right now? For the most part, we can only know about things we can and should be doing once those things are “within range.” Nevertheless, “looking forward” means recognizing that there are things I am not ready to do to at this point in time, that I will, with G-d’s help, be ready to do at some future time. What those “things” are may be impossible to know ahead of time (as once we become aware of what we should be doing it is usually within reach), but it is important to recognize that there are things I am not doing now that I will hopefully be doing at some point down the line.

Perhaps this is why we avoid Pas Palter (or similar things) during the Ten Days of Repentance even though we have no intent of continuing after Yom Kippur. Sure there are things that I should have done, or should have avoided, that the “wake up call” of the Shofar reminded me to start or stop doing (and to try to maintain throughout the year). But there are also things that I will hopefully be ready for in the future that I am not ready for just yet. By taking upon myself an extra “stringency” temporarily, I am reminded that the introspection taking place this week is not limited to individual courses of action, things that I must be doing (or avoiding) right away, but includes making sure that I am heading in the right direction and working towards reaching those new levels that I cannot yet (permanently) commit to.