Komentaryong Sumisipi para sa Deuteronomio 27:26

THE END OF THE FIRST TEMPLE PERIOD: KING JOSIAH CREATES A FRAMEWORK THAT FACILITATES THE GREATER USE OF PILPUL
DURING THE FIRST TEMPLE period, after Solomon’s reign, the Kohanim and Levites [did not apply his analytical methods, but] dealt with specific cases as the need arose. In order to adjudicate in accordance with the Torah’s true meaning, they relied on the Divine light of the Ark that resided within the Temple and on the holiness of the High Priest. [This continued until] the period of King Josiah, who foresaw that the Divine light of the Ark would be extinguished from the Holy of Holies, that Israel would be exiled from its soil and “Her king and officers would be exiled among the nations, there without Torah.”¹Lam. 2:9. This meant that the shining Divine light that powered the process of adjudication through Divine assistance [would be lost]. Should that occur, it was then possible, Heaven forbid, that the methodology of adjudication would be totally lost. As noted in the Jerusalem Talmud (Sotah 7:4), it is because of this concern that Josiah rent his clothing and said, “The responsibility of strengthening (the Torah) rests upon me.”²The Jerusalem Talmud there states: “‘Cursed be the one who will not uphold the words of this Torah’ (Deut. 27:26). Does [this imply] that the Torah may fall?… Pertaining to this matter, Josiah rent his garment and stated: ‘The responsibility of strengthening the Torah rests upon me.’” Josiah foresaw that they were to be exiled and it was possible that the Torah would be forgotten (i.e., fall), and the power to strengthen the Torah for the future exiles rested in his hands. The manner in which Josiah fortified the Torah is recorded in II Chronicles 35:3: “He [Josiah] said to the Levites who taught all Israel, who were holy unto God: ‘Put the Holy Ark in the House which Solomon, the son of David, King of Israel, built; there shall no longer be a burden upon your shoulders; now serve the Lord your God and His people Israel.”

Accordingly, this Book begins³⁷Deut. 1:3, “It came to pass in the fortieth year, in the eleventh month, on the first of the month, that Moses spoke to the children of Israel according to all that the Lord had commanded him regarding them.” The Netziv explains that “commanded him regarding them,” refers to how Moses transmitted the Oral Law to Israel at the Plains of Moab. The Netziv ad loc. explains at length how this includes the Talmudic method of deriving new laws by properly applying the chukim and mishpatim. and ends³⁸See Ha’amek Davar throughout the parasha of V’zos Ha’Beracha (Deut. 33: 1-29). with admonitions to strengthen the chukim and mishpatim, i.e. the Talmud, in Israel – effecting the survival of the Nation, and Judaism in general. It was for this objective that the second covenant was made in the Plains of Moab and on Mounts Gerizim and Ebal – “to establish the words of the Torah, etc.”³⁹See Deut. 27:26, “Cursed be he who does not uphold the words of this Torah, la’a’sos (to enhance) them.” To establish the words of the Torah” includes a directive to those who have the financial means or authority to supply the scholars and their students with the means to analyze the words of the Torah deeply and reveal its intended meaning and laws. [The toil in analyzing the Torah] yields men of ethics and eminence, whether they be those who merit to [grasp] the Torah and toil in her study, or those whom God has blessed with the means to fortify the Torah and sustain [the scholars] (as explained inside in 6:24,⁴⁰“And the Lord commanded us (la’asos) to perform all these chukim, to fear the Lord, our God, for our good all the days, to keep us alive, as of this day.” This verse is addressing three types of individuals: 1) Those who are involved in the toil and analysis of the Torah but have not achieved a “cleaving to God”; 2) Those who have not studied the Torah but financially support those who do; 3) Those achieving a high spiritual level referred to as being a “Chariot of the Divine Presence” (See Introduction to Bemidbar). Thus “to fear the Lord, our God,” refers to Type #1, as those involved in the study of Torah become instilled with the “fear of God”; “for our good all the days,” refers to the reward reserved both in this world and the next for those who support the Torah scholars; and “to keep us alive, as of this day,” refers to true spiritual “living” for those who, through Torah study, transcend the physical boundaries and “cleave” to God. 26:19⁴¹“To make you supreme above all the nations that He made, [so that you will have] praise, a [distinguished] name and (tiferes) glory; and so that you will be a holy people to the Lord, your God, as He spoke.” Following the description of the special bond that is forged between God and Israel through the deep analysis of the Torah (see the previous two verses described in note 27), this verse describes the merits of the three types of Torah individuals (as described in note 41). You will be “supreme, above all the other nations,” being unique with charity allocated for those who toil in the study of Torah; “a [distinguished] name,” by displaying a high level of morality (achieved by those who toil in the study of Torah); and “glory,” reserved for those who transcend the boundaries of nature. and several other places). Thus this Book is called the Mishneh Torah as it sharpens the sword [of Torah], to repel the attacks at the gates [of the houses of study].⁴²See Isa. 28:6, “He will be a spirit of justice for those sitting in judgment, and [a spirit] of bravery for those who repel attacks at the gate.” The Talmud in Sanhedrin 111b comments: “Those who repel attacks at the gate” – this is one who is involved in the give-and-take of the battle of the Torah (i.e., its discussions and arguments). “At the gate” refers to those who are involved in Torah study in the synagogues and houses of study from early morning until night.” The deep analysis of the Torah also functions as “the sword of Israel,” that repels the dangers presented by the enemies of Israel at her “gates.” May it be our strength and light, Amen.

It is written in the parasha of Ki Savo: “Cursed be he who does not uphold the words of the Torah to perform them.”²⁰Deut. 27:26. The Jerusalem Talmud in Tractate Sotah²¹Chapter 7, halachah 4. and the Vayikra Rabbah on the parasha of Kedoshim states²²Parashah 25. that the converse is also [true]: “Blessed be the one who upholds the words of the Torah.” There it explains that “one who has not studied or taught himself, etc., but caused others to study, is included within this blessing.”²³To quote both Sotah and the Midrash: “R. Yirmiyah said in the name of R. Hiya ben Abba: ‘If a man did not learn Torah and neither performed, observed nor taught it to others, yet maintained scholars even though he did not have the means to maintain them and protested even though he was not strong enough to protest, for this he is included in the term “blessed” (that is the converse inferred from ‘Cursed be one who does not uphold the words of the Torah to perform them).’”