Comentario citado sobre Deuteronómio 4:44

THESE ARE THE WORDS WHICH MOSES SPOKE UNTO ALL ISRAEL. [The reference is] to the commandments which he will mention in the entire book beginning with the Ten Commandments in the section of Va’ethchanan,¹⁵Further 5:6-18. In other words, the opening expression of the Torah here, These are the words …, is not a reference to the words of Moses from the beginning of the book on, narrating the historical events of the journey through the wilderness, but primarily a reference to the Ten Commandments and the laws that followed, which Moses introduced with a review of their journey from Sinai to the Jordan followed with an exhortation to obedience. as Scripture stated, Moses began explaining this Law, saying,¹⁶Verse 5. clearly indicating that he is speaking of the Law [which begins with the Ten Commandments in the next section of Va’ethchanan]. And in that case [we must say] that in the [following] verse The Eternal our G-d spoke unto us¹⁷Verse 6. an introductory expression of “saying.”¹⁸Since we have explained the word leimor (saying) in Verse 5 as referring not to the contents of Verse 6 but to the Scriptural text of the Ten Commandments, Verse 6 should begin with a phrase explaining that it was Moses who was now speaking on a different subject — not about the commandments, but about the history of the forty years. Thus the verse should begin, “And he [i.e., Moses] said: The Eternal our G-d spoke unto us …” is omitted. Similarly [there is an omission in the verse] And Joseph called the name of the firstborn Menasheh: ‘for G-d hath made me forget all my toil’ … And the name of the second he called Ephraim: ‘for G-d hath made me fruitful.’¹⁹Genesis 41:51-52. Both verses omit the expression “for he [Joseph] said” [that G-d hath made me forget … “for he said” that G-d hath made me fruitful]. And the purport of these verses here is as follows: “These are the commandments which Moses spoke to all Israel beyond the Jordan in the fortieth year from their departure from Egypt on the first day of the eleventh month according to all that the Eternal had commanded him for them,²⁰Verse 3. this being after he had smitten Sihon and Og,²¹Verse 4. in the land of Moab, there Moses began to explain to them this Law, as follows. And he said: The Eternal our G-d spoke unto us in Horeb, saying: ‘Ye have dwelt long enough etc.’”¹⁷Verse 6. And the meaning thereof is that when Moses began explaining the commandments to them, he said to them at the outset of his words: The Eternal our G-d spoke unto us in Horeb, after He gave us the Ten Commandments, [ordering] that we conquer the Land at once and that we cross the Jordan. But your sins caused you this and that consequence [as Moses goes on to relate]. The words of this introduction continue until he concludes with the verse, And thou shalt keep His statutes, and His commandments, which I command thee this day, that it may go well with thee, and with thy children after thee, and that thou mayest prolong thy days upon the Land, which the Eternal thy G-d giveth thee, forever.²²Further, 4:40. Then Moses called all Israel that were before him and said, Hear, O Israel, the statutes and the ordinances which I speak in your ears this day,²³Ibid., 5:1. and then began the explanation of the Torah with the Ten Commandments in order that they hear them with the explanation from the mouth of the one who received them from the mouth of the Holy One, blessed be He. Afterwards he informed them of the Unity of G-d, as it is said, Hear, O Israel: the Eternal our G-d, the Eternal is One,²⁴Ibid., 6:4. and all the commandments in this book. This is why Scripture explained here which Moses spoke unto ‘all’ Israel, and there it is stated, And Moses called unto ‘all’ Israel²³Ibid., 5:1. [emphasizing that all were present], because the explanation of the Torah and the completion of the commandments must be in the presence of “all” Israel just as was the Giving of the Torah [itself on Mount Sinai]. Now, because he [Moses] prolonged the words of this introduction, Scripture [in Va’ethchanan where Moses finally begins explaining “the words” with which he began this opening verse] returned to the place at which it stopped at the beginning of the explanation of the Torah and said, And this is the Law which Moses set before the children of Israel; these are the testimonies, and the statutes, and the ordinances, which Moses spoke unto the children of Israel, when they came forth out of Egypt,²⁵Ibid., 4:44-45. and mentioned that it was beyond the Jordan, in the valley over against Beth-peor, in the land of Sihon,²⁶Ibid., Verse 46. this being the land of Moab mentioned here¹⁶Verse 5. since Israel did not enter the land of Moab except what was made permissible for them by Sihon [who conquered part of Moab and became its ruler, thus removing that territory from the injunction that Israel may not wage war against Moab] as has been explained in the preceding book.²⁷Numbers 21:26; 35:14.
Thus Scripture mentioned two things here. [The first thing is:] it stated that Moses spoke unto the children of Israel, according to all that the Eternal had commanded him for them,²⁰Verse 3. this being an allusion to the commandments which he would tell them in this book that have not been mentioned thus far in the Torah. And it says that these commandments were exactly as G-d commanded him; he did not add to, or substract from what he had been commanded. It was necessary that this be stated [i.e., that Moses spoke according to all that the Eternal had commanded him] because Scripture does not state of them “And the Eternal spoke unto Moses;” therefore it included them now, [emphasizing] that they were all according to what he was commanded from the mouth of the Holy One, blessed be He. [The second thing is:] it further stated that Moses began explaining this Law,¹⁶Verse 5. this being an allusion to the commandments which were already declared, that he would repeat them in order to clarify them further and to give additional instruction about them. And the meaning of the expression ho’il Mosheh²⁸Verse 5. This is generally translated: “Moses began.” Since according to Ramban, the explanation of the commandments does not begin until the Ten Commandments in 5:6, Ramban interprets the word ho’il as “wished;” thus meaning “Moses wished” to explain this Torah; however, the beginning thereof is not here, but later on as explained. According to those commentators, such as Rashi, who explain the reference ‘These are the words’ in our verse as referring to Moses’ words of chastisement, the word ho’il does mean “begin,” since the reproof begins in the next verse. is that “Moses wished” to explain the Torah to them. This is said to inform us that Moses saw fit to do so although G-d had not yet commanded him thereon [but afterwards, when He commanded him to write down the whole Torah, G-d Himself said all these words that were originally spoken by Moses; and Moses wrote them as he was commanded. Hence there is no difference between the first four books of the Torah and this fifth book, Deuteronomy, as all are equally the word of G-d]. The word ho’il is thus related to the expressions: ‘ho’el na’ (be willing, I pray thee), and tarry all night;²⁹Judges 19:6. would that ‘ho’alnu’ (we had been willing) and dwelt beyond the Jordan,³⁰Joshua 7:7. and so also many similar expressions.

The wise one asks about every aspect of the Torah including: eidut (testimonies), chukkim (statutes), and mishpatim (ordinances),⁷⁷ See Deut. 6:20 When thy son asketh thee in time to come, saying: ‘What mean the testimonies, and the statutes, and the ordinances, which Adonai our God hath commanded you? because he seeks to understand all the Torah's content deeply. Even though the wicked one performs some commandments so he will be recognized as a Jew, he considers them bothersome and refers to the Torah as avodah (work) because in his eyes, it is burdensome. He calls the Torah, avodut, slavery. The simple person doesn’t distinguish between one matter and another (in the Torah) so he asks, “What is this?” That is, “What is Torah,” since the Torah is called zot (this), as in the verse, “This (v’zot) is the Torah that Moses set before the Israelites.” (Deut. 4:44)
The wise one’s question, “What is this testimony…” is not an expression of astonishment like the statement of the wicked person.⁷⁸Note that the statement of the wise one in Deuteronomy includes the word “questions” while the wicked one uses the word, “states.” Rather he asks a valid question that deserves a fitting answer. As the Zohar states, “The difference between mah (What) and mi (Who) is that mah poses a question and not a statement.”⁷⁹See Introduction to Zohar, Volume 1, 3:8. I have adapted this passage in the commentary so that it fits the statement in the Zohar: And there is another below, called WHAT [M"H]. What is between 'WHO' [M"I] and 'WHAT' [M"H]? The first one, which is called WHO, is concealed. It remains a question: Once man has searched and inquired in order to understand and climb from one level to another, and has finally reached the end level of all, he is asked: WHAT? WHAT have you learned? WHAT have you seen? WHAT have you investigated, since everything is still concealed, just as it was before? The question of the wise child is, “What is the nature of the testimonies, statutes and ordinances?” Do we observe the testimonies, statues, and judgments because they serve some useful purpose or simply because they were commanded by God? This is especially the case with regard to judgments (mishpatim) since it is not necessary to command their observance as they can be derived through reason.⁸⁰Thou shall not kill is a mishpat. We might arrive at this law without divine commandment because it makes sense. It is not necessary to declare him guilty because he said, “which Adonai our God commanded you,⁸¹When the wise child says “commanded you,” he sounds uncomfortably close to the wicked child who says, “Which God commanded you.”” It was not necessary to say otanu, “us,” (“Which Adonai our God commanded us,”⁸²See Deut. 6:20 But the verse says “Which the Lord our God commanded you.” The LXX, and some rabbinic statements use the word otanu, us. When the wise one said, “Adonai our God commanded” he shows that he has accepted God’s sovereignty and deserves to be judged favorably. Also he did so because he did not expect merit for himself. Also when he said “Adonai our God,” he showed that he had not removed himself from the community of Israel.
By saying, etchem, “You” (“the Lord your God commanded you,”) the Torah is more exacting in its language. The wise child wonders, why not be more explicit in mentioning etchem for the hukkim, statutes (since one could not derive these laws on his own) when a righteous person could derive the testimonies and judgements on his own.⁸³In other words, the chukkim needed the expression “GOd commanded you,” But the other two categories of commandments did not since they could be derived on their own through human reason. So why does the Torah say, “Statutes, testimonies and judgments which the Lord our God commanded you. “ It would have made more sense to simply say, “The statutes which the Lord our God commanded you..” Therefore the Torah states, “Adonai our God commanded you,” for the “testimonies, statutes and ordinances”⁸⁴Italics are mine. (to teach us that God commanded all of them. The wise child’s question, then, is, ‘why is it necessary to mention etchem for all these various laws in the Torah?’
That is why the Torah says machar (for the wise and simple children) as it states, “When, in time to come (machar), your children ask you…” (Deut. 6:20) This is also the case with regard to the simple child’s question: “And when, in time to come (machar), your child asks you…” (Ex. 13:14) They are saying, “Would that in the time to come (machar) there will be a sign so that your child asks, “What is this?”⁸⁵The fact that both the wise and the simple child include the word machar in their question, suggests that we hope for a time when the simple child will ask insightful questions like the wise child. But the word machar is not included for the wicked child, suggesting that we are saying, “Would that he never ask such questions and such matters never be expressed by him!”

The secret of ‘b’zoth’ (With this) shall Aaron come into the holy place,²¹Verse 3 here. is analogous to the secret of ‘zoth’ (this is) the token of the covenant which I have established.²⁵Genesis 9:17. I have already explained it.²⁶“And you will find it in the covenant of the Sabbath” (Ma’or V’shamesh). See Ramban, Exodus 31:13, Vol. II, p. 548. Our Rabbis alluded to it in saying in Vayikra Rabbah:²⁷Vayikra Rabbah 21:5. “Rabbi Yudan explained the verse [‘With this’ shall Aaron come into the holy place] with reference to the High Priest when entering the Holy of Holies: he came with many bundles of commandments [fulfilled by Israel] in his possession. He came in there by merit of [their studying] Torah, as it is said, and ‘this’ is the law;²⁸Deuteronomy 4:44. by merit of circumcision, as it is said, ‘This’ is My covenant, which ye shall keep;²⁹Genesis 17:10. by merit of keeping the Sabbath, as it is said, Happy is the man that doeth ‘this’ [… that keepeth the Sabbath];³⁰Isaiah 56:2. by the guarding influence of Jerusalem, as it is said, ‘This’ is Jerusalem;³¹Ezekiel 5:5. by the guarding influence of the [twelve] tribes, as it is said, and ‘this’ is that their father spoke unto them;³²Genesis 49:28. by the guarding influence of Judah, as it is said, And ‘this’ [Moses said] for Judah;³³Deuteronomy 33:7. by the guarding influence of the congregation of Israel, as it is said, ‘This’ thy stature is like to a palm-tree;³⁴Song of Songs 7:8. by merit of [Israel having observed the law of] the heave-offering, as it is said, And ‘this’ is ‘ha’terumah’ (the offering);³⁵Exodus 25:3. The word terumah is here understood in the wider sense of “something set apart.” The portion given to the priest from the produce of the corn, etc. is therefore terumah. In this particular verse it refers to that which was set apart as a freewill gift for the erection of the Tabernacle. by the merit of [Israel giving] the tithes, as it is said, and try Me now with ‘this;’³⁶Malachi 3:10. The verse begins: Bring ye the whole ‘tithe’ into the store-house, that there may be food in My house, and try Me now with this … If I will not open you the windows of heaven, and pour you out a blessing. by the merit of bringing the offerings, as it is said, With ‘this’ shall Aaron come.” This text requires a lengthy exposition, but it is all explained in our commentary [in various places].³⁷These explanations are found mostly on the Scriptural verses mentioned above, and the meaning of those left unexplained can be surmized from those explained (Kur Zahav).