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Mishneh Torah

Now that we know what Sefer Devarim is and what Sefer Devarim is not, we must ask why Chazal refer to this Sefer as Mishneh Torah, a repeat of the Torah.  

A contrast of how the prohibition of Lo Tachmod (roughly translated as do not be jealous) is presented in Sefer Shemot and Sefer Devarim helps us grasp the deeper meaning of Chazal calling Sefer Devarim, Mishneh Torah.

In Sefer Shemot (20:14), Hashem commands us not to be jealous of our neighbor’s wife, his ox and donkey, and all that belongs to his neighbor.  However, in Sefer Devarim Moshe Rabbeinu formulates (according to the Pashtanim such as Ibn Ezra) the prohibition as forbidding jealousy of one’s neighbor’s wife, house, field, ox, and anything he has.  

Why does Moshe Rabbeinu add the neighbor’s house and field?  An answer is that in the Midbar we did not have homes and we did not have fields.  Now that we in Sefer Devarim are about to enter Eretz Yisrael the concern for jealousy of one’s neighbor’s house and field becomes very relevant.  

Is Moshe Rabbeinu changing the Torah?  He is certainly not.  He is repeating the Torah in a manner that applies Hashem’s word to the new situation.  I recently composed a work with my son about electric shavers.  We did not repeat the Torah, but we applied its divine words to the contemporary situation.  

Chazal refer to Sefer Devarim as Mishneh Torah not literally as a repeat of the Torah.  Rather it is an application of Hashem’s Torah to the situation we are about to enter.  

Moshe Rabbeinu’s Mishneh Torah is a paradigm for all “Mishneh Torahs” in the future.  When a Rabbi addresses his congregation, he does not merely repeat the Torah.  That would be of little value.  The Rabbi follows in Moshe Rabbeinu’s footsteps and takes the Torah and applies it to the contemporary situation.  

Menachot 29b - Moshe Rabbeinu Meets Rabi Akiva

With our approach to Mishneh Torah, we can explain the remarkable story (Menachot 29b) of Moshe Rabbeinu visiting Rabi Akiva’s Shiur.  Shockingly, Moshe Rabbeinu does not understand the Shiur.  He is calmed, though, when in response to a student’s challenge as to the source of a surprising approach, Rabi Akiva responded it is a Halachah LeMoshe MiSinai (a tradition received by Moshe Rabbeinu at Sinai).

Many find this Gemara to be perplexing in the extreme.  How can Rabi Akiva’s Shiur be an authentic expression of Torah if Moshe Rabbeinu does not understand it?  

We suggest that Moshe Rabbeinu did not understand since Rabi Akiva was applying the Torat Moshe to the scenarios of his generation.  Moshe Rabbeinu is assuaged when Rabi Akiva points to Moshe Rabbeinu as his source.  By saying this, Rabi Akiva is saying although he is addressing issues that might be foreign to Moshe Rabbeinu, he shares the methodology and vision of Moshe Rabbeinu.  Hence, Rabi Akiva’s Shiur is an authentic continuation and application (a legitimate Mishneh Torah, as we are saying) of Torat Moshe.  Therefore, Moshe Rabbeinu is assuaged. 

Were Rabi Akiva to read the Hebrew version of my electric shaver book (that my son and I contributed to Techumin volume 41), he would not understand it either.  However, I am confident Rabi Akiva would be assuaged by the fact that we quote him in the formulation of our approach to electric shavers.  We share Rabi Akiva’s methodology and vision and we believe we therefore are a legitimate continuation of his Torah. 

Change vs. Application

Legitimate Torah learning applies Hashem’s Torah but does not change it.  Changing Torah is inauthentic and doomed to fail.  The Conservative movement’s horrific ruling in 1950 “permitting” driving to services on Shabbat is a tragic example of such illegitimate change.   Even a competent Yeshiva high school student recognizes the illegitimacy of this ruling which has no basis in our classic Torah texts.  Decades later even Conservative leaders admitted the colossal mistake in issuing this ruling which led to the dissolution of a sense of community in the Conservative movement.  

Who Wrote Moshe Rabbeinu’s Speech?

Although Moshe Rabbeinu delivered the speeches in Sefer Devarim ,who wrote the speeches?  Megilla 31b states unequivocally that Moshe Rabbeinu composed the speeches.  Tosafot (ad. loc.) clarify that Moshe Rabbeinu wrote it with Ru’ach HaKodesh, divine inspiration.  This means that Hashem influenced Moshe Rabbeinu in his composition of the speeches.  However, Tosafot does not state that Moshe Rabbeinu wrote Devarim with Nevu’ah, prophecy.  Moshe Rabbeinu did have input into the speech.  While it is difficult, if not impossible, to know where Hashem’s influence ended and Moshe Rabbeinu’s autonomy began, the Gemara clearly states that Moshe Rabbeinu had at least a measure of independence in the composition of the speeches recorded in Sefer Devarim.

Moreover, Moshe Rabbeinu certainly did not devise the Mitzvot that appear for the first time in Sefer Devarim.  Instead, what Moshe Rabbeinu is doing is presenting Mitzvot which he heard from Hashem at Har Sinai but until now were simply Torah SheBe’al Peh (see Shemot 34:32 with Chizkuni, as well as the introductions of the Ramban and Abarbanel to Sefer Devarim).  

Abarbanel clarifies that Hashem is the author of Sefer Devarim since Hashem is quoting Moshe Rabbeinu with His approval and even possibly edits his speeches for inclusion in the Torah.  Abarbanel fits beautifully with Chagigah 15b that teaches that Hashem cites the original Torah thoughts of the great Chachamim.  While Hashem undoubtedly influences the Chachamim (see Mishna, Yadayim 4:3), they also have some degree of autonomy.  Hashem cites the great Chachamim with approval just as He approvingly presents Moshe Rabbeinu’s speeches in Sefer Devarim. 

Conclusion – Hashem Empowers Us

Sefer Devarim is undoubtedly not a mere repeat of that which is in the prior four Sefarim.  Rather, Hashem is quoting how Moshe Rabbeinu masterfully prepares us for the barrage of transitions we will face when he soon will depart this world.  Chazal refer to Sefer Devarim as Mishneh Torah since Moshe Rabbeinu applies Hashem’s teachings to the new situation we are about to face.  Hashem approvingly cites Moshe Rabbeinu’s words and incorporates them into the Torah.  

Charlie Harary appropriately describes Hashem as an empowering God.  Moshe Rabbeinu seeks to help us continue to observe Torah and succeed in our divinely ordained mission as the “Mamlechet Kohanim VeGoy Kadosh.”  Hashem helps Moshe Rabbeinu and dignifies his efforts to the extent that Hashem even incorporates his words into the Torah!  Those who make a similar effort to Moshe Rabbeinu are similarly assisted and dignified by Hashem.