Halakhah su Deuteronomio 31:78

The Torah belongs to all of Israel, men and women alike. When we recite “Who has chosen us from among all the nations” in Birkat Ha-Torah, we mean that God chose all of Israel, men and women, and consequently “gave us His Torah.” There is an accepted tradition: If even one Jewish maidservant would have been absent at the time of the giving of the Torah on Mount Sinai, the giving would have been delayed. Likewise, the mitzva of hak’hel (the assembly at the Temple at the end of the Shemita year, at which the king would read part of the Torah to all Israel) applies to men, women, and children (Devarim 31:12).

The other homiletical passage deals with the imminent death of Moses.¹⁴Deuteronomy Rabbah 9: 9. When God told Moses to call his successor Joshua (Deut. 31:14), Moses said to God, "Master of the Universe, let Joshua take over my office and I will continue to live." Whereupon God replied, "Treat him as he treats you." Immediately Moses arose early and went to Joshua's house, and Joshua became frightened. Moses said to Joshua: "My teacher came to me," and they set out to go, Moses walking on the left of Joshua as a disciple walks on the left of his teacher. When they entered the Tent of Meeting (Ohel Moed) the pillar of cloud came down and separated them. When the pillar of cloud departed, Moses approached Joshua and asked him, "What was revealed to you?" Joshua replied, "When the word was revealed to you did I know what God spoke with you?" At that moment Moses exclaimed: "Better to die a hundred times than to experience envy, even once." Solomon has expressed this clearly: "For love is strong as death, jealousy is evil as the grave" (Song of Songs 8:6). This refers to the love wherewith Moses loved Joshua, and the jealousy of Moses toward Joshua. A life of envy and jealousy is not worth living for a man of the ethical stature of our Teacher, Moses.

Taz, Yoreh De'ah 270:4, concedes that Perishah's understanding of Rosh's position is entirely compatible with the text but declares that Bet Yosef's analysis must nevertheless be correct "for how can the commandment 'And now write unto yourselves' be abrogated with the passing of generations?" For that matter, Taz' objection may be raised with regard to Bet Yosef's interpretation as well. The biblical commandment is couched in the words "And now write unto yourselves this song" (Deuteronomy 31:19). The term "song" (shirah) is understood as referring to the Pentateuch. If so, the mizvah is clearly defined as requiring the copying of a specific text referred to as "this song." How, then, is it possible for this term, "with the passing of generations," to come to denote much more than the text of the Sefer Torah?

The difficulties associated with the position of Rabbenu Asher may be resolved if it is assumed that this authority translated the term "song" as denoting literally the Torah in its entirety. Indeed, the Gemara in three instances, Hagigah 12b, Nedarim 38a and Hullin 13b, clearly interprets the word "song", both in this and in other contexts, as a reference to the Pentateuch in its entirety.¹For an illuminating explanation of why the Torah is termed a “song” see R. Naphtali Zevi Yehudah Berlin, Ha‘amek Davar, Introduction. Thus, according to Rosh, a literal reading of Deuteronomy 31:19, yields an obligation to transcribe the full text of the Pentateuch.

However, the term "song", interpreted as meaning Torah, is not limited to denotation of the Written Law exclusively. Megillat Ta'anit, chapter 4, presents a highly significant interpretation of the concluding phrase of this very verse, "and teach it to the children of Israel, place it in their mouths." Megillat Ta'anit explains that the phrases "teach it to the children of Israel" and "place it in their mouths" are not at all synonymous expressions. Rather, "teach it" refers to the "song" of the immediately preceding phrase, i.e., the Written Law, while the phrase "place it in their mouths" is understood as a reference to the Oral Law which must be "placed in the mouth" since it may only be transmitted orally.²Cf., R. Yitzchak Ze’ev Soloveitchik, Ḥiddushei Maran Riz ha-Levi al ha-Torah (Jerusalem, 5723), p. 16a. See also the commentary of Ba‘al ha-Turim, Deuteronomy 31:19.

We also find written⁸³ Ibn Ezra now proceeds to show that for some matters the year begins with the month of Tishre. Here he seems to be countering the Karites, who did not accept the first of Tishre as Rosh haShana. The Karites argued that there is no Scriptural basis for the first of Tishre being anything other than a day when work is forbidden (Leviticus 23:23–25) and special sacrifices are offered (Numbers 29: 1–5). The Karites began the year for all religious matters with the first of Nisan. with regard to Tabernacles “at the turn of the year” (Exodus 34:22), and also “at the departure of the year” (ibid. 23:16). Now the same day when one year ends a new year begins. We also find that God instructed us in a law of Haqhel, when the entire Torah is read during the holiday of Tabernacles of a Sabbatical year (Deuteronomy 31:10–13). There it is written “in order that they may learn” (ibid. 31:12). It is not likely that this took place after half a year.⁸⁴ Thus, Haqhel certainly took place at the beginning of a Sabbatical year, indicating that a Sabbatical year began around the time of Tabernacles. Do not be perplexed by the word “At an end (miqqez) of seven years” (ibid. 31:10),⁸⁵ The verse concerning Haqhel reads: “At the end of seven years, in the time of the Sabbatical year, on the holiday of Tabernacles,” which seems to indicate that the celebration of Haqhel took place at the conclusion of the Sabbatical year and the beginning of the eighth year. for we similarly find “At an end (miqqez) of seven years you shall send forth, each man his brother” (Jeremiah 34:14).⁸⁶ We know that servants were set free after six years (Exodus 21:2). Thus “miqqez” must here refer to the beginning of the seventh year. Similarly for Haqhel, the word “miqqez” means “beginning” rather than “end.” For each thing has two edges, a front edge and a back edge. The Sabbatical year began with Tishre,⁸⁷ Here Ibn Ezra refutes the Karites who began the Sabbatical year with Nisan. (See Ibn Ezra’s commentary to Leviticus 25:20.) which is the seventh month, since then the half year of planting began. Thus it states regarding the Sabbatical year “do not plant” (Leviticus 25:4), and “You shall plant on the eighth year” (ibid. 25:22).

It is a positive commandment, incumbent upon every Jewish man to write a Seifer Torah for himself, for it is written, "And now write for yourselves this song;"¹Deuteronomy 31:19. and via oral tradition, our Rabbis of blessed memory explained, that everyone should write the entire Torah which contains this song [of Moses]. Even a person who inherits a Seifer Torah from his father, is commanded to write one for himself. If someone hires a soifer (scribe) to write a Seifer Torah for him, or if he buys it and finds that it is defective, and corrects it, this is considered as though he had written it. It is forbidden to sell a Seifer Torah, but in a case of great need you should consult a competent Rabbi.

And the general principle of our words is that every bad event that happens to a man is an action that happens to a man by God, may He be blessed, hiding His face from the man - meaning to say, that God, may He be blessed, removes His guarding from upon him, from the angle of his sin, until he receives the fitting punishment according to his sin. And then He commands His angels to guard him, as at first. And [it is] as it is written (Deuteronomy 31:17), "And I will hide My face from them and they will be for food, and many evils and troubles will find them; and they will say on that day, 'It is because our God is not among us, they found us, etc.'" And one sage wrote, "We know that God is one and the change [only] comes from the recievers. And God will not change His deeds, as they are all with wisdom" (Sefer Kuzari 4:3).

Respectful behavior toward a Torah scroll, and the law of its use. Herein are contained 19 sections: One must behave with great respect toward a Torah scroll, and is commanded to designate a special place for it which one must treat with respect and which one must decorate (beautify) greatly. One may not spit in front of a Torah scroll, nor may one undress (to the point of nudity) in front of it, nor may one scuff one’s feet (on a dirt floor) in front of it, nor may one place it upside down. Also, one may not turn one’s back on it unless it is [sitting on something] ten handbreadths higher [than the person is tall – to be above the turned back]. Rather, one should sit before it with the proper mindset (for prayer), and with awe and fear, since this (Torah scroll) is [considered] the trusted witness regarding [the deeds of] all who live on earth, as it is said, “(Take this book of the Teaching [which can also be read: ‘Take this Torah scroll’] and place it beside the Ark of the Covenant of Adonai your God,) and let it remain there as a witness against you.” (Deuteronomy 31:26), and one should respect it according to its power.

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).

2 Masekhet Soferim has different definitions: a petuha is anything which does not start at the head of the line. A setuma is anything that stops in the middle of the line. How much must be left at the beginning of the line for it to be called a petuha? Enough to write a word of three letters. How much must be left in the middle of the line for it to be called a setuma? Enough to write a word of three letters. [End Masekhet Soferim quote.] Suppose he finished a paragraph at the edge of the page and started a new line, and left enough space at the beginning of that line to write three letters, and then started to write? Come and learn from the two sources; the baraita gives the essence of the issue. The baraita reasons that the beginning of the line is what determines a petuha, not the end of the line [so the example case is a petuha according to the baraita]; if one leaves a gap at the beginning and also at the end of the line, it is still a petuha. But the old siddur reasons that it is the end of the line that determines a petuha, not the beginning of the line [so the example case is a setuma according to the baraita]. [To avoid ambiguity, therefore...] if he makes a petuha with space both at the end of the line and at the beginning of the line it is good for both of them. This is correct. There is also another order of petuhot and setumot which seems entirely unconvincing. And these are the tagin of a sefer Torah and the petuhot and setumot according to the masoretic tradition. ביה שמו: the following words should be placed at the beginning of a line and the top of a column: Bereshit (Gen. 1:1); Yehudah ata yodukha (Gen. 49:8); Haba-im ahareihem bayam (Ex. 14:28); Shemor ve-shamarta (Deut. 12:28); Motza sefateikha (Deut. 23:24); Ve-a'ida bam (Deut. 31:28).

To gather all of Israel on the festival of Sukkot: That we were commanded that the people of Israel gather in its entirety - men, women, and infants - at the closing of the sabbatical year on the festival of Sukkot on the second day of the festival, and read a little from the book of Mishneh Torah in their ears, which is the book of Deuteronomy. And about this is it stated (Deuteronomy 31:12), "Gather all the nation - the men, the women, and the infants, etc." And this is the commandment of gathering (hakhel) that is mentioned in the Gemara; like the matter that they said in the first [chapter] of Kiddushin 34a, "But behold, gathering which is a positive commandment that is caused by time, and women are obligated!" And they explained at the end of the topic, "We do not learn from general rules," which means to say that truthfully women are obligated in this commandment.

For everyone to write a Torah scroll for himself: That we were commanded that each man in Israel must have a Torah scroll (Sefer HaMitzvot LaRambam, Mitzvot Ase 18). If he wrote it with his [own] hand, this is praiseworthy and very dear; and as they, may their memory be blessed, said (Menachot 30a), "If he wrote it" - meaning to say, with his hand - "Scripture attributes [it] to him as if he received it from Mount Sinai." But one who is unable to write with his hand must pay someone to write it for him. And about this it is stated (Deuteronomy 31:19), "And now, write for yourselves this poem and teach it to the Children of Israel" - meaning to say, write for yourselves Torah, which contains this poem.