Halakhah su Deuteronomio 11:78

Nevertheless, women are exempt from the mitzva to study Torah, as it is written: “You shall teach them to your sons, to speak them [– words of Torah]” (Devarim 11:19). The Sages extrapolate: “Your sons and not your daughters” (Kiddushin 29b).

And when one is breaking the bread, he finishes the blessing and then breaks it. This is out of respect for a king. And accordingly it is necessary to put pleasing the Holy One Blessed Be He first before pleasing a king of flesh and blood or pleasing oneself, as it is said, “Fear the Lord, my son, and the king.”⁶⁹Prov. 24:22, i.e., in that order. Granted, here the addressee “my son” comes before the king, which seems to contradict R. Bahya’s sequence. However, he may be implying that one best looks out for one’s own interest by showing public deference to the king of flesh blood. And whoever breaks the bread before he blesses or before he finishes the blessing – he is called a glutton. About him it is said, “the greedy man [botze’a’] reviled [barekh] and scorned the Lord,”⁷⁰Ps. 10:3. R. Bahya is playing on the double meanings of the words botze’a’ – which means both “break bread” and “be greedy,” and barekh, which means both “bless” and “curse” in Biblical Hebrew. that is to say, he breaks and afterwards then says the blessing, and so “has scorned the Lord.”

If one has said the blessing “ha-motzi’” and has a conversation in the interim before he eats, he says the blessing over again. But if the conversation is just something that has to do with the table, like “take it and say the blessing,” or “pass the salt or relish,” or even “mix some mush for my ox,” he does not have to repeat the blessing, since a person is required to give food to his livestock first, and after that eat, as it is said, “I will provide grass in your fields for your livestock” and then “you shall eat your fill.”⁷⁴Dt. 11:15. Thus it is something that has to do with the table and does not count as a break. It is like some one butchering a hundred chickens. If he talks between one butchering and another to say, “pass me some others,” it has to do with the butchering, and does not count as a break.

The recitation of Shema includes three paragraphs. The first is “Shema” (“Listen”; Devarim 6:4-9), in which we accept the yoke of heaven and which discusses God’s unity and our love for Him. The second is “Ve-haya im Shamo’a” (“And if you follow”; Devarim 11:13-21), which contains the acceptance of the yoke of the mitzvot. The third is “Va-yomer” (“And He said”; Bamidbar 15:37-41), within which there is a command to remember the mitzvot via the mitzva of tzitzit, and at the end of which the Exodus from Egypt is mentioned.

You should know that that which they said (Makkot 23b), "613 commandments were stated to Moshe at Sinai," indicates that this is the number of the commandments that are practiced for [all] generations. For commandments that are not practiced for [all] generations do not have a connection to Sinai - whether they were stated at Sinai or elsewhere. However their intention in saying, "at Sinai," was that the main giving of the Torah was at Sinai. And that was His, may He be elevated, saying, "Come up to Me on the mountain and be there, and I will give [it] to you" (Exodus 24:12). And in explanation, they said, "What is the verse [that alludes to this]? 'Moshe commanded us the Torah, an inheritance of the congregation of Yaakov' (Deuteronomy 33:4)" - meaning to say - "the numerical value of [the word,] Torah is 611. In addition, 'I am the Lord your God' and 'You shall have no other gods' (Exodus 20:2, 3), that we heard from the mouth of the Almighty." And with them, the total of the commandments is 613. They wanted to say with this indication that the thing that Moshe commanded us - and that we did not hear from anyone but him - was the number of 611 commandments. And he called it, "an inheritance of the congregation of Yaakov." And a commandment that is not practiced for [all] the generations is not an inheritance for us. For it is indeed only that which will be continuous for the generations - as it is stated (Deuteronomy 11:21), "like the days of the heavens upon the earth" - that will be called an inheritance for us. And likewise, their statement (Tanchuma, Ki Tetzeh), that it is as if each and every limb commands a person to do a commandment; and it is as if each and every day is warning a person from sin. This is a proof that the number will never be lacking. But if commandments that are not practiced for [all] generations were included in the count of the commandments, behold that the number would be lacking once the obligation of such a commandment ceased. And then this statement would only be correct for a limited time. However someone besides us already erred in this principle as well and counted - because he was forced by a need - "But let them not go inside and witness the dismantling of the sanctuary" (Numbers 4:20); and "he shall serve no more" (Numbers 8:25), concerning the Levites. Yet these were also only practiced in the wilderness. And even though they said (Sanhedrin 81b:18), "From where is there a hint about one who steals a jar for the Temple service (that he is killed)? 'But let them not go inside and witness the dismantling of the sanctuary'" - there is enough [clarification here] in their saying, "a hint." But the simple understanding of the verse is not like this; and it is not even included in those liable for the death penalty at the hands of the Heavens - as is explained in the Tosefta (Tosefta Keritot 1) and in Sanhedrin (Sanhedrin 83a). And I am wondering about this, why they mentioned these negative commandments. Why did they not [also] count about the manna, "Let no one leave any of it over until morning" (Exodus 16:19); or that which He, may He blessed said, "Do not harass the Moabites or provoke them to war" (Deuteronomy 2:9), and likewise the prohibition that came about the the Children of Ammon, "do not harass them or start a fight with them" (Deuteronomy 2:19). And likewise should he count among the positive commandments, "Make a seraph figure and mount it on a standard" (Numbers 21:8); and its saying, "Take a jar and put one omer of manna in it" (Exodus 16:33) - like he counted the tithe of the [booty] (Numbers 31) and the dedication of the altar (Numbers 7). And he should have also counted, "Be ready for the third day" (Exodus 19:15); "neither shall the flocks and the herds graze" (Exodus 34:3); "they shall not destroy, to come up" (Exodus 19:24); and many like these. And no intelligent person will doubt that all of these commandments were given to Moshe at Sinai as commands and [prohibitions; however they were all temporary and not practiced for [all] generations. And therefore they were not counted. And because of this principle, it is inappropriate to count the blessings and the curses that they were commanded at Gerizim and Eval; nor to count the building of the altar that we were commanded to build when we entered the Land of Canaan - for all of these were temporary commandments. And likewise, not the command that we were commanded to sacrifice any animal, from which we want to eat, as peace-offerings - as this was only a temporary command. And that was its saying, "and you shall bring them to the Lord" (Leviticus 7:8)." And they said in Sifrei, Achrei Mot, "'And you shall bring them' is a positive commandment" - but it was only so in the wilderness. For the dispensation to eat meat for pleasure is explained in [Deuteronomy]; and that is its saying, "you may eat meat whenever you wish" (Deuteronomy 12:20). And had it been appropriate to count everything of this type - meaning all that Moshe was commanded from the day he was appointed to be a prophet until the day he died - there would be more than three hundred commandments, besides the commandments that are practiced for [all] generations. This is when we count all the commands that came in Egypt, everything about the preparations [for the tabernacle service], and the other ones besides them - some are positive commandments and some are negative commandments, but they are all written in the Torah. And since he did not count all of them, he is perforce also obligated not to count any of them; and not like this other man, who took [only] some of these things to help him, when he toiled to find the [right] tally. And this is the critique we wanted to make about him regarding this principle.

The Rishonim disagree about whether there is a Torah commandment to pray every day. According to Rambam (Sefer Ha-mitzvot, mitzva 5), there is a biblical commandment to pray daily, as the Torah states (Shemot 23:25), “Serve God your Lord,” and (Devarim 6:13) “Revere the Lord your God and serve Him.” Although these verses contain a general commandment to serve God, they also include a specific commandment to pray. The Sages interpreted “service” (avoda) to mean worship through prayer, as it is written:  “Love God your Lord and serve Him with all your heart” (Devarim 11:13), and they explained (Ta’anit 2a), “What is serving with the heart? It must mean prayer.” By praying daily, one fulfills her biblical obligation to pray. To fulfill one’s obligation, one must begin with praise to God, then petition God for her needs, and conclude by thanking God for the good He has bestowed upon her. The Torah does not specify how long one’s prayers must be. Therefore, some shorten their prayers and others lengthen them, yet they all fulfill their biblical obligation (MT, Laws of Prayer 1:2-3). Later, the Men of the Great Assembly formulated a set prayer text, as will be explained below (section 6).

Education is frequently regarded as instrumental in nature, i.e., a process of acquiring knowledge and skills to be utilized for specific purposes. Judaism recognizes two distinct forms of religious education. One is ḥinnukh, a concept which is more accurately rendered as "training"; the second is study and acquisition of knowledge. The instrumental value of the latter is incontrovertible. A child who has not been instructed in the laws of tefillin will lack the knowledge necessary for proper performance of the mizvah. Nevertheless, the obligation to teach Torah to children is far more encompassing in nature. The verse "And you shall teach them to your sons" (Deuteronomy 11:19) establishes not simply an obligation to teach children so that they be enabled to perform mizvot, but is an intrinsic component of the mizvah of talmud Torah. A Jew is obligated to teach his son Torah just as he is obligated to study Torah himself. Just as one's own study of Torah is an end in itself, so also is the teaching of Torah to children an end in itself. Study of Torah is not merely a means to observance but in itself constitutes the greatest and most profound of mizvot. Thus the obligation of talmud Torah mandates the study and teaching of all aspects of Torah, including even the study of subject matter pertaining to mizvot which cannot be observed in our time.

That is that we are commanded to serve Him. And this command is repeated several times: His saying, "And you shall serve the Lord, your God" (Exodus 23:25); and His saying, "and you shall serve Him" (Deuteronomy 13:5). And although this command is from the inclusive commands - as we explained in Principle Four (Sefer HaMitzvot, Shorashim 4) - it nevertheless has specificity, since it is the command to pray. The language of the Sifrei is, "'And to serve Him' (Deuteronomy 11:13) - that is prayer." And they also said, "'And to serve Him' - that is [Torah] study." And in the Mishnah of Rabbi Eliezer, the son of Rabbi Yose HaGelili, they said, "From where [do we know that] the essence of prayer is a commandment? From here - 'You shall fear the Lord, your God, and you shall serve Him' (Deuteronomy 6:13)." And they said, "Serve Him through His Torah; serve Him in His Temple." This means, direct [yourself] towards it, to pray [towards] there, as Shlomo, peace be upon him, explained. (See Parashat Mishpatim: Mishneh Torah, Prayer and the Priestly Blessing 1.)

In the second paragraph, “Ve-haya im Shamo’a” (Devarim 11:13-21), we learn the value of the mitzvot, the reward for those who fulfill them, and the punishment for those who transgress them. If we love God, serve Him with all our hearts, and fulfill His mitzvot, we will be worthy of His blessing. The land will bring forth its crops, and we and our children will live long lives on the soil that God promised to give to our ancestors and to us. However, if we, God forbid, stray from the path, God will be angry with us, the ground will not yield its produce, and we will perish from upon the good land. The Torah goes on to reiterate the commandment to contemplate the fundamentals, to place this paragraph in the tefillin on our arms and our heads, and to post mezuzot on the entrances to our homes. Thus, whereas the first paragraph emphasizes our turn toward God, the second paragraph emphasizes the manifestation of God’s actions in the world, as the fulfillment of the mitzvot is an expression of God’s word in this world while reward and punishment confirm His supervision of the world.

That is that He commanded us to associate with the sages, to gather with them and to constantly be involved with them in all manner of work and interaction - in eating and drinking and business, so that it comes to us to imitate their actions and believe the truth of their words. And that is His, may He be exalted, saying, "and to Him shall you cling" (Deuteronomy 10:20). And this command has also already been repeated - "and to cling to Him" (Deuteronomy 11:22). And in the Sifrei (Sifrei Devarim 49:2), it appears, "'And to cling to Him' - cling to the sages and their students." And they accordingly brought a proof about this obligation of a person - to marry the daughter of a Torah scholar, to feed Torah scholars and to give them business - from His saying, "and to Him shall you cling": And they said, "And is it possible for a person to cling to the Divine Presence? And behold, it is written (Deuteronomy 4:24), 'For the Lord, your God, is a consuming fire!' Rather, anyone who marries his daughter to a Torah scholar, or who marries the daughter of a Torah scholar or who benefits a Torah scholar - Scripture considers it as if he clung to the Divine presence." (See Parashat Ekev; Mishneh Torah, Human Dispositions 6.)

This inference, however, seems to be contradicted by a statement recorded in Kiddushin 29a. The Gemara posits a number of responsibilities which a father must fulfill on behalf of his son: "A father is obligated vis-à-vis his son: to circumcise him, to redeem him, to teach him Torah, to arrange for his marriage and to teach him a trade. Some say that he is also [obligated] to teach him to swim in water." The Gemara seeks a scriptural source for each of the enumerated obligations. In establishing an obligation to teach a son Torah, the Gemara adduces the verse "And you shall teach them to your sons …" (Deuteronomy 11:19).

That is that He commanded us to imitate Him, may He be exalted, according to our ability. And that is His saying, "and you shall go in His ways" (Deuteronomy 28:9). And this command has already been repeated, [when] He said, "and to go in all of His ways" (Deuteronomy 11:22). And in the explanation, it appears (Sifrei Devarim 49:1), "Just as the Holy One, blessed be He, is called merciful; you too, be merciful. Just as the Holy One, blessed be He, is called pious; you too, be pious." And this matter was already repeated in different words: He said, "Go in the ways of the Lord." And in the explanation, it appears (Sotah 14a) that He meant to say to imitate His good deeds and glorious traits by which God, may He be exalted, is described, by way of analogy - He is exalted over everything with great exaltation. (See Parashat Ki Tavo; Mishneh Torah, Human Dispositions.)

Judaism posits yet another regulation regarding the welfare of animals which is regarded as biblical in nature even though the law is not reflected in a literal reading of Scripture. The biblical statement "I will give grass in thy fields for thy cattle, and thou shall eat and be satisfied" (Deuteronomy 11:15) is understood in rabbinic exegesis as forbidding a person to partake of any food unless he has first fed his animals.⁶See Berakhot 41a and Gittin 62a. See also Rambam, Hilkhot Avadim 9:8; R. Meir Rothenberg, Teshuvot Maharam ben Barukh he-Ḥadashhot, no. 302; R. Jacob Reisher, Teshuvot Shevut Ya‘akov, II, no. 13; Magen Avraham, Oraḥ Ḥayyim 167:18 and 271:12; Ḥayyei Adam 45:1, and R. Joel Schwartz, Ve-Raḥamav al Kol Ma’asav, pp. 59-62. R. Jacob Emden, She’elat Ya‘ave&x1E93;, 1, no. 17, rules that there is no absolute requirement to feed a dog or a cat before eating oneself since those animals sustain themselves on table scraps and forage for foods but that it is nevertheless proper to feed them first in order “to acquire the trait of compassion.” Magen Avraham, Oraḥ, Ḥayyim 324:7, declares that providing food for any animal, including animals belonging to other persons and ownerless animals, constitutes a miẓvah. See also R. Simeon ben Ẓemaḥ Duran, Teshuvot Tashbaẓ, III, no. 293; R. Jacob Ettlinger, Teshuvot Binyan Ẓion, no. 103; and R. Eliyahu Klatzkin, Teshuvot Imrei Shefer, no. 34, sec. 1. Cf. R. Moses Sofer, Teshuvot Ḥatam Sofer, Yoreh De‘ah, no. 314, s.v. ve-la’asot, and no. 318, s.v. ve-hinneh. This regulation is derived from the order in which the two clauses comprising the verse are recorded. The passage speaks first of providing for animals and only subsequently of satisfying human needs.⁷Similarly, Scripture records that Laban gave straw to the camels and only afterwards did he provide food for Abraham’s servant. See Genesis 24:32-33 and Sefer Ḥasidim (ed. Reuben Margulies), no. 531. Cf., R. Joel Schwartz, Ve-Raḥamav al Kol Ma’asav, p. 60, note 4. Amplifying this rule, the Palestinian Talmud, Yevamot 15:3 and Ketubot 4:8, declares that a person is forbidden to purchase an animal unless he can assure an adequate supply of food on its behalf.

That He prohibited us from inclining towards idolatry and occupying ourselves with its narratives - meaning to say, into this study of spirituality. [That] means, star x descends according to this description and [then] does such; and [when] they burn incense to y and stand before it according to this description, it does thing z - and that which goes in this way. For thought about these things and study with these [types of] expressions is what arouses a person to seek them and their worship. And the verse that prohibited us from this content is His saying, "Do not turn to the idols" (Leviticus 19:4). And the language of the [Sifra] (Sifra, Kedoshim, Chapter 1:11) is, "If you turn to them, you make them gods." And there (Sifra, Kedoshim, Chapter 1:10), they said, "Rabbi Yehudah says, 'Do not turn to see them'" - it is not even permissible to observe the appearance of the image's form and the thought of its construction, so that one not spend any time [involved with any] part of it. And in the chapter [entitled] Shoel Adam (Shabbat 149a), they said, "[Regarding] writing that is under a picture or under graven images (deyokenaot), it is prohibited to read it on Shabbat. And [regarding] the image itself, even on a weekday it is prohibited to look at it, because it it is stated, 'Do not turn to the idols.' What is the [derivation from this verse]? Rabbi Yochanan said, 'Do not make a god from your minds.'" And the prohibition about this very content - meaning about the prohibition of the thought of idolatry - has already been repeated. And that is His, may He be exalted, saying, "Take heed to yourselves, lest your heart be seduced" (Deuteronomy 11:16). [This] means to say [that] if you have your heart delve into it, it will bring you to veer from the [true] path, and to become involved in its [actual] worship. And He also said about this exact content, "And lest you lift your eyes to the sky" (Deuteronomy 4:19). For He did not come to forbid a person from seeing them with his eyes, but rather forbade the matter in which one relates to their worship with the interest of the heart. And likewise, His saying, "lest you inquire about their gods," is forbidding the inquiry about the nature of their worship, even though one does not worship them. For this all leads to erring about them. And you should know that one who transgresses this is liable for lashes. And this has already been made clear at the end of the first chapter of Eruvin (Eruvin 17b), regarding that which they said, [that] we give lashes for [going outside of] the mixing of perimeters (eruvei techumin). And they gave as a proof, His saying, "let no (al) man go out of his place" (Exodus 16:29); and someone asked and said, "But how can they give lashes for a prohibition, with the word, al, when the commandment did not come with the word, lo? And they answered him rhetorically, "And do we not give lashes for anything that comes with the word, al? But if so, we would also not give lashes for, 'Do not turn to the idols!'" Behold this indicates that we give lashes for this negative commandment. (See Parashat Kedoshim; Mishneh Torah, Foreign Worship and Customs of the Nations 2.)

(Zayin) There is still more. This [required] study must be from love, such that he not use this trait for anything else at all, ‘but rather his desire is for the Torah of the Lord.’ And these are the words of the Midrash Tanchuma, Noach 3:4-7:
The Israelites did not accept the Torah until the Holy One, blessed be He, arched the mountain over them like a vessel, etc. If you should say it was because of the Written Law, isn’t it true that as soon as He said to them, “Will you accept the Torah,” they all responded (Exod. 24:7), “We will do and hear?” … But rather He said this to them because of the Oral Law, etc. And its jealousy is as harsh as Sheol.²⁸The pit, usually a reference to the nether-world. One does not study the Oral Law unless he loves the Holy One, blessed be He, with all his heart, etc., as it is stated (Deut. 6:5), “And you shall love, etc.” Whence do you learn that this word, “love,” refers only to studying the [Oral Law]? Observe what is written after this (Deut. 6:6): “And these words which I command you this day shall be upon your heart.” And what study is upon the heart? Scripture (Deut. 6:7) states [immediately thereafter], “And you shall review it to your children.” [Hence] this is the study that requires review (i.e. the Oral Law). We learn from these verses that the first part of the Shema (Deut. 6:4-9) does not mention a reward given in this world, while the second part does: “And if you shall hearken diligently, etc., I will give the rain of your land in its season” (Deut. 11:13). This reward is given to those who perform the commandments even though they neglect study [of the Oral Law], etc. As anyone who loves material riches and earthly pleasures is incapable of studying the Oral Law. [This is because] there is considerable anguish and sleeplessness in (store for him who studies) it; one wastes and neglects himself on its account. Therefore its reward is in the hereafter, as it is said (Isaiah 9:1), “The people that walk in darkness have seen a great light,” etc. Therefore the Holy One, blessed be He, established two academies (at Sura and Pumbeditha) for the Israelites where they studied the Torah day and night and where they assembled from all parts of the world twice each year – in the months of Adar and Elul. They came together to “battle” the problems encountered in the Torah until they had resolved them and reached a definitive decision concerning the law. [See there, as it is lengthy.]
And [the Rabbis] said in the Midrash that the Holy One, blessed be He, forced us [to accept the Oral Law] by arching the mountain, such that the Torah would not be severed from us forever. As with a [woman] forced [to have sexual relations], it is written (Deut. 22:19), “he may not send her away all of his days.”²⁹See the next paragraph and note 34. Also the manna that they ate in the wilderness was [given] with this intention. As it is written in Maggid Mesharim of Beit Yosef (R. Yosef Karo), that the manna that the Israelites ate was necessary in order [for them] to receive the Torah without any choice. And these are the words in Yalkut Reuveni, Beshelach: [The angel named] Yafefiyah who is the one who rained down the manna upon Israel, is numerically equivalent (with the letters adding up to 197) to Katseh, who is the angelic minister of Torah; whereas they said (Num. 21:5), “and our souls are sick (katseh)” – to make known that they were sick and disgusted of the manna and of the Torah. See there. And this was forcing them to receive the Torah, as the manna was coming from the minister of the Torah, and it was the bread of mighty ones from which the ministering angels are sustained. [Hence] they no longer had any physical desire or inclination. Rather it was [therewith only] the love of the Torah and of the commandments that was implanted in their hearts. And this [love] remained for [future] generations among the enlightened ones about whom it is stated (Num. 19:14), “when a man dies in a tent.”³⁰ See Berakhot 63b.

One must be very diligent to observe the commandment of mezuzah because it is the obligation of everyone at all times. Wherever you enter or leave your home, you will encounter the Oneness of Hashem, the Name of the Holy One, blessed is He, and recalling His love you will awaken from your lethargy and cease going astray after the vanities of the times. You will then realize that nothing endures forever except the knowledge of the Eternal One, and will immediately return to your senses, and walk in the path of the righteous. Our Sages of blessed memory say:¹²See Menachos 43b. "He who has tefillin on his head and on his arm, and wears tzitzis on his garment, and has a mezuzah on his doorpost, is sure not to sin, because he has many reminders and these are the guardian angels who save him from sin." And it is said: "The angel of Hashem encamps around those who fear Him and sets them free."¹³Psalms 34:8. Our Sages of blessed memory also say:¹⁴Maseches Shabbos 32b. "Because of the sin of mezuzah¹⁵I.e., the failure to observe the commandment of mezuzah. his sons and daughters may die young, whereas one who is diligent to observe the mitzvah of mezuzah will have his days lengthened," as it is said: "In order that your days be lengthened and the days of your children." ¹⁶Deuteronomy 11:21.

Other scholars advance less obvious sources as constituting the scriptural basis for obligations concerning za'ar ba'alei ḥayyim. R. Moses ibn Habib, Yom Teru'ah, Rosh ha-Shanah 27a, finds a source for such obligations in the verse "… and thou shalt bring forth to them water out of the rock; so thou shalt give the congregation and their cattle drink" (Numbers 20:8). Water was miraculously produced from the rock for the benefit of animals as well as of humans. Water was produced for the animals, states R. Moses ibn Habib, in order to obviate za'ar ba'alei ḥayyim. In the opinion of this authority, Scripture specifically records that the miracle was performed on behalf of animals as an admonition to man directing him likewise to alleviate the suffering of brute creatures. R. Moses Sofer, Hagahot Hatam Sofer, Baba Mezi'a 32b, similarly regards obligations with regard to animal welfare as predicated upon emulation of divine conduct. Thus Hatam Sofer cites the verse "And His tender mercies are over all His works" (Psalms 145:9) as imposing an obligation upon man to exercise compassion toward animals. Earlier, Sefer Haredim, chapter 4, expressed the opinion that compassion toward animals is mandated by the commandment "and you shall walk in His ways" (Deuteronomy 28:9). Rambam, Hilkhot De'ot 1:6, apparently basing himself upon Sifre, Deuteronomy 11:22, renders the verse as meaning, "just as He is merciful so also shall you be merciful."

This notion of merit, as distinct from compensation for fulfillment of a divine commandment, is difficult to elucidate. Nevertheless, it would seem that the merit associated with residence in the Land of Israel is reflected in an enhanced form of divine guardianship. Providence with regard to the community of Israel is the product of a particular relationship between the individual and God. The greater the bonds linking man to God, the greater is the degree of divine guardianship manifest with regard to the individual.¹²For a fuller discussion of this concept of providence see my Providence in the Philosophy of Gersonides (New York, 1973), pp. 25-29. Or, stated somewhat differently, the greater the manifestation of the divine presence the more intense is providential guardianship.¹³This thesis is developed in detail by R. Ezekiel Landau, Noda bi-Yehudah, Mahadurah Tinyana, Oraḥ Ḥayyim, no. 150. The Land of Israel is described as the "land which the Lord your God cares for; the eyes of the Lord your God are always upon it from the beginning of the year unto the end of the year" (Deut. 11:12), i.e., the land in which God's presence is omnipresent and most keenly manifest. Divine beneficence flows directly from the divine presence. The more intense the divine presence, the greater is the degree of providential guardianship.

It is also possible for areas which were neither conquered nor settled in the time of Ezra, or even in the time of Joshua, to become sanctified as integral parts of the Land of Israel. Commenting on the verse, "Every place where your foot shall tread shall belong to you" (Deuteronomy 11:24), Sifre, Ekev 51, indicates that the Torah here declares that all conquered territories, even those lying outside the biblical boundaries of Erez Yisra'el, are endowed with the sanctity of the Holy Land. Thus, Rambam, Hilkhot Melakhim 5:6, writes, "All territories which Israel conquers by means of a king upon the instruction of the Bet Din … are for all purposes as the Land of Israel which was conquered by Joshua."⁷See, however, Radbaz, Hilkhot Terumot 1:3. Rambam, it should be noted, stipulates that a Bet Din (i.e., the Sanhedrin) is required in order to effect the sanctification of territory outside the boundaries of Erez Yisra'el—a factor which was clearly absent in all conquests of the modern era.

On the basis of Tosafot, Avodah Zarah 21a, Rabbi Soloveichik argues that, in defining what constitutes a "private " rather than a "communal" conquest, Tosafot, in actuality, distinguishes between two geographic areas. There is an apparent discrepancy with regard to the boundaries of the Land of Israel as they are described in the Bible. Numbers 34:1-12 gives the borders in great detail, and includes the names of cities along the borders. Deuteronomy 11:24, employing much broader language, states that the boundaries shall extend "from the wilderness, and the Lebanon, from the river, the river Euphrates, even unto the hinder sea." The latter description quite obviously encompasses much more territory than is included in the boundaries described in Numbers. Rabbi Soloveichik indicates that the enhanced territories referred to in Deuteronomy were merely promised to Abraham, whereas the more limited area described in Numbers was actually "given as a gift" to Abraham. It was only the latter territory which was actually conquered by "those who ascended from Egypt." Nevertheless, Ramban, in his commentary on Deuteronomy 11:24, writes that the people of Israel were commanded to conquer even the additional territory lying outside the borders described in Numbers but encompassed within the boundaries indicated in Deuteronomy. Syria—the area captured by King David—clearly lies within those boundaries. However, since Tosafot considers Syria to be a "private" conquest, because it was conquered before the conquest of the Land of Israel in its entirety, a new conclusion emerges. According to this reasoning it would appear that the mizvah of conquering Erez Yisra'el requires that the territory described in Numbers be conquered before any attempt is made to take areas within the larger boundaries described in Deuteronomy.

If you own animals or birds (poultry), and it is your responsibility to feed them, you are not allowed to eat anything until you feed them, as it is written (Deuteronomy 11:15): "And I will put grass in your fields for your cattle (animals) and you will eat and be satisfied." Thus the Torah has given preference to feeding the cattle [animals] before the feeding of man. But as regards drinking, man comes first as it is written (Genesis 24:14): [Rivkah said] "Drink first and I will also give your camels to drink." Similarly it is written (Numbers 20:8): "And you will give drink to the congregation and to their animals."

In both of those guises the blessing oseh ma'aseh bereshit is designed to underscore the notion that there is no sharp distinction between the miraculous and the natural. Nes, or miracle, and teva, or nature, are two sides of the same coin. Ramban, in numerous passages in his Commentary on the Pentateuch,¹³See, for example, Genesis 7:17, 35:13 and 46:15; Exodus 6:12; Leviticus 18:29 and 26:11; and Deuteronomy 11:13. eloquently formulates a distinction between a nes nistar, or a hidden miracle, and a nes nigleh, or an open miracle. The miraculous nature of hidden miracles is obscured by virtue of the fact that to the beholder the result appears simply as the manifestation of natural occurrences. Open miracles are perceived as the suspension of the natural order. Perhaps even more emphatic are the comments of R. Meir Simchah of Dvinsk, Meshekh Hokhmah, Parasḥat Beḥukotai. Meshekh Hokhmah comments that miracles are not designed as ends in themselves; on the contrary, a nes is entirely instrumental. Miracles are designed to impress upon us that all of teva is a nes; nature is miraculous; the natural order is the greatest of all miracles. The temporary suspension of that order is designed to make us realize that the order and regularity of nature is born of divine decree and subject to divine will. The problem for mankind is that we have become desensitized. Every day the sun rises in the east and sets in the west. We take that for granted, with the result that such phenomena no longer strike us as wondrous. From time to time it is necessary for us to be jolted out of our intellectual complacency. Observation of an extraordinary phenomenon is an occasion to be reminded that miracles are built into the principles governing the universe as variations in the regularity that is the hallmark of nature.¹⁴See Avot 5:6; Bereshit Rabbah 5:4; and Shemot Rabbah 21:16. See also Rambam, Commentary on the Mishneh, Avot 5:6; idem, Guide to the Perplexed, Part II, chaps. 25 and 29; and Ḥasdai Crescas, Or ha-Shem, Part II, p. 5. Miracles are designed to impress upon us that, in reality, teva is the greatest of all miracles. That is why, declares Meshekh Hokhmah, "one who recites hallel ha-gadol every day commits blasphemy" (Shabbat 118b). If a person recites hallel every day it is because he feels he must give thanks for what he perceives as miracles performed on his behalf on a daily basis. But God does not perform overt miracles on a daily basis; He does not disturb the laws of nature with any frequency. To presume that He does so is a form of blasphemy. But at the same time we are charged with recognizing that nature itself is miraculous. That is why, explains Meshekh Hokhmah, a person who recites ashrei thrice daily is assured of a share in the World to Come (Berakhot 4b). The omnipotence, grandeur and majesty of God is manifest in the ordinary, but regular and ongoing, phenomena described in ashrei: "You give them their food in due season. You open your hand and satiate every living creature with favor" (Psalms 145:15-16). Recitation of ashrei serves to acknowledge that the phenomena we regard as natural, ordinary and run of the mill are really miracles wrought by God.

Should territorial concessions prove to be warranted and necessary they will yet be unrelated to the ultimate, divinely vouchsafed destiny of Israel. Considerations of security may mandate such concessions, but to no believing Jew will they afford occasion for rejoicing. An anecdote told of the sainted Hafez Hayyim provides a perspective which is perhaps even more valid now than at any time in the past. When news of the Balfour Declaration reached Radun, the townspeople came to the Hafez Hayyim in a state of joy and excitement. They were overjoyed that the British government had granted permission for the establishment of a Jewish homeland in Erez Yisra'el. But the Hafez Hayyim did not share their jubilation and expressed astonishment at their great joy. He said to them, "The British government is going to allow a few thousand Jews to immigrate to the Land of Israel and establish a Jewish settlement on a small tract of land. Is that enough? Have you forgotten that the Almighty long ago gave us a promise, 'u-farazta yamah va-kedmah ve-zafonah va-negbah' (Genesis 28:14). We are told that Jewish settlements are going to stretch out to the west and to the east, to the north and to the south. How can we possibly be happy and satisfied with the meager concession of the British Government? How can we be satisfied with attainment of only such a small measure of that which the Almighty justly and properly owes us? 'Ẓion be-mishpat tipadeh—Zion will be redeemed in judgment' (Isaiah 1:27). We have a claim against the Almighty. He has dispersed us in the lands of the Diaspora, but He has promised us that He will lead us out of exile. He has promised that He will lead us back to the Land of Israel and restore it to us in its entirety. Of course, we are grateful for everything which has been achieved. Every square dunam of the Land of Israel which is developed, cultivated and populated is the occasion for happiness and joy. But that is only the beginning. We are still awaiting with eager anticipation the fulfillment of the divine promise, 'Every place whereon the sole of your feet shall tread, unto you shall it be' (Deut. 11:24)."

The Mishnah, Avodah Zarah 19b, expressly forbids the sale of real estate in Israel to non-Jews. The Gemara explains that this prohibition is derived from the biblical injunction "lo teḥanem," (Deut. 7:2), which, according to rabbinic exegesis, is to be understood as meaning "You shall not grant them permanent encampment (ḥaniyah)." Rambam, Hilkhot Avodah Zarah 10:4, amplifies this statement with the explanation, "For if they will not own land, their inhabitance will be temporary." Ramban, in his commentary on the Bible, Leviticus 25:23, finds that conveyance of land to a non-Jew involves yet another transgression. Scripture provides that all fields revert to their original owners in the jubilee year, and explicitly commands, "and the land shall not be sold in perpetuity." Ramban understands this verse as banning the sale of land to a non-Jew since the latter would retain permanent possession and not return the land to its original owner in the jubilee year. The verse concludes with the explanation "for the land is Mine," indicating that in actuality the land is the possession of God and that it is only by virtue of His largesse that man is permitted to dwell in, and derive enjoyment from, his terrestrial habitat. Accordingly, this passage gives expression to the divine will that Israel be the homeland of the Jewish people and that they not be displaced by foreign land-owners. According to Ramban, the purchase of land in Israel from a non-Jew constitutes a fulfillment of the commandment "You shall give a redemption unto the land" (Lev. 25:24). Rabbi Bakshi-Duran argues that, according to Ramban, there is yet another source militating against the sale of dwellings or fields in Israel to a non-Jew. According to Ramban, the verse "And you shall inherit the land and dwell therein" (Deut. 11:31) is not simply a prophetic prognostication or a divine promise but constitutes a positive commandment. Ramban comments, "We have been commanded to inhabit the land which God gave to our forefathers, Abraham, Isaac, and Jacob, that we not allow it to remain in the possession of any other nation or allow it to be desolate." Rabbi Bakshi-Duran understands the second clause in Ramban's comment as referring not to the establishment of political sovereignty but to actual ownership of territory. Thus any act which results in a non-Jew acquiring title to any portion of the land of Israel constitutes a violation of the commandment concerning settlement of Erez Yisra'el.

It may be added that Deuteronomy 11:21 records that God commanded mizvot "so that your days will be prolonged upon the land which the Lord your God gave you." Scripture does not speak of "prolongation of life;" instead it speaks of prolongation of "days." In light of the foregoing it may be observed that man can experience longevity and his life can be prolonged even though his "days" are not prolonged, viz., he may live to a ripe old age in a polar region or in outer space. But for a Jew that is not a blessing, or at least not the blessing that God seeks to bestow upon him. Life devoid of time-bound mizvot is not the blessing God seeks to bestow; God's blessing is "that your days be prolonged," i.e., that a Jew enjoy life filled with "days" and fulfillment of time-bound mizvot for which the concept of a halakhic day is a sine qua non.

And this negative commandment - meaning, the prohibition of thought about idolatry - is repeated in another place, as it is stated (Deuteronomy 11:16), "Guard yourselves, lest your hearts be seduced and you serve, etc." [This is] meaning to say that if your heart spends much time in thinking about it, it will be a cause to divert you from the straight path and to be involved in its service. And it is also stated about this matter (Deuteronomy 4:19), "And lest you lift your eyes to the heavens and see, etc." As the content [of this verse] is not that a man not lift up his eyes to the sky and observe the heavens, but [rather] the intention of the thing is that he not observe them with his heart's eye - to know their power and their makeup in order to serve them. And [it is] like it is stated in another place (Deuteronomy 12:30), "and lest you inquire of their gods, saying, 'How do these nations serve their gods, and I will do so, me too, etc.'" The verse prevents us from asking about the manner of their worship, since all of this is a cause to err about it.

The commandment of Torah study: The positive commandment to study the wisdom of the Torah and to teach it; meaning to say how we should perform the commandments, guard ourselves from that which God prevented us and to also know the laws of the Torah according to their true intention. And about all of this is it stated (Deuteronomy 6:7), "You shall teach them to you sons." And our Rabbis, may their memory be blessed, said (Sifrei Devarim 34:4), "'Your sons' - these are your students. And thus do you find that students are called sons, as it is stated (II Kings 2:3), 'And the sons of the prophets went out.'" And it is [also] said there (Sifrei Devarim 34:1), "'And you shall teach them (shinantam, which sounds like the word for tooth, hence, make them sharp like a tooth)' - they shall be ordered in your mouth, so that if a person questions you [concerning them], you will not stammer to him, but answer him forthwith." And this commandment is repeated in many places, as it is stated (Deuteronomy 5:1), "and study them and do them," "and in order that you will study them" (Deuteronomy 31:12), "and you shall teach them to your children" (Deuteronomy 11:19).

And this commandment is practiced in every place and at all times by males, but not by females, since it is stated (Deutoronomy 1:19), "your sons" - and they, may their memory be blessed, expounded (Kiddushin 29b), "But not your daughters." And so [too,] a woman is not obligated to teach her son, as anyone who [does not have] the obligation to study, [does not have] the obligation to teach. But even though she is not commanded by Torah writ, nonetheless it is fitting for every woman to make efforts that her sons should not be ignoramuses, and she has good reward [for this] in general (based on Sotah 21a). And there is also reward for a woman who studies Torah. But nonetheless, the Sages commanded (Sotah 20a) that a man not teach his daughter Torah, because the mind of women is weak, and they turn words of Torah into words of nonsense through the poverty of their minds. And one who transgresses it and does not teach his son Torah - until he knows how to read in the Scroll of the Torah and understand the simple understanding of the verses - has violated this positive commandment. And anyone who has the wherewithal in his hand to study in any way is included in this positive commandment. And if he does not fulfill it, his punishment is very great, as this commandment is the mother of them all.

To cling to Torah sages: That we were commanded to associate [with] and cling to Torah sages, so that we learn its glorious commandments from them, and they teach us the true opinions - which are received through them - about it. And about this is it stated (Deuteronomy 10:20), "to Him shall you cling." And the command is repeated in another place, as it is stated (Deuteronomy 11:22), "and to cling to Him." And they, may their memory be blessed, said (Ketuvot 111b), "And is it possible for a person to cling to the Divine Presence - and behold it is written (Deuteronomy 4:24), 'For the Lord, your God, is a consuming fire'? Rather, one who clings to the Torah scholars and their students is as if he clings to Him, Blessed be He." And from this, our Rabbis, may their memory be blessed, learned that anyone who marries the daughter of a Torah scholar, or marries his daughter to a Torah scholar or who gives benefit from his property to a Torah scholar is as if he clings to the Divine presence. And they also expounded in Sifrei Devarim 49, "'And to cling to Him' - study the words of aggadah (the homiletical teachings, as through this, you will recognize the One who spoke and the world came into being."

From the laws of the commandment is that which they, may their memories be blessed, said (Sotah 41a, Mishneh Torah, Laws of Festival Offering 3:3) that the king was the one that was obligated to read it in their ears. And he would read it in the women's yard [of the Temple]. And he reads while sitting, but if he read while standing, behold that is praiseworthy. And from where does he read? From the beginning of the book of Eleh HaDevarim (Deuteronomy) until the end of the section of Shema Yisrael (Deuteronomy 6:9), and he skips to Vehaya im shamo'ah and finishes that section (Deuteronomy 11:13-21), and [then] skips to Aser te'aser (Deuteronomy 14:22) and reads from Aser te'aser, according to [its proper] order, until the end of the blessings and curses, up until "besides for the covenant which He made with them in Chorev" (Deuteronomy 28:69), and stops.