OU Torah Insights

By Rabbi Avraham Fischer. A publication of the Orthodox Union in cooperation with the Seymour J. Abrams Orthodox Union Jerusalem World Center

Parshiyot Nitzavim-Vayelech
September 19, 2003

The last two mitzvot of the Torah concern the centrality of the Torah itself. While mitzvah #613 obligates one to write a Torah scroll, the penultimate mitzvah enjoins us to assemble for a public Torah reading:

And Moshe summoned Yehoshua and said to him, before the eyes of all Israel, “Be strong and courageous because you will come, together with this people, to the land that Hashem swore to give to their fathers, and you will help them possess it. And Hashem, He is the One Who goes before you; He will be with you; He will not fail you, nor will He forsake you. Do not fear nor be terrified.” And Moshe wrote this Torah, and he gave it to the Kohanim, sons of Levi, who carry the ark of the covenant of Hashem, and to all the elders of Israel. And Moshe commanded them (VAYETZAV OTAM), saying, “At the end of seven years, at the time of the Sabbatical year, during the festival of Sukkot, when all Israel comes to appear before Hashem, your G-d, in the place He will choose; you will read (TIKRA) this Torah before all Israel, in their ears. Assemble (HAK’HEL) the people, the men and the women, and the children, and the stranger in your gates, so that they will listen and so that they will learn, and they will revere (V’YAR’U) Hashem, your G-d, and they will observe to do all the words of this Torah. And their children, who do not know, will listen and learn to revere (L’YIR’AH) Hashem, your G-d, all the days that you live on the land to which you are crossing the Jordan to possess it” (Devarim 31:7-13).

Hak’hel, as explained here and in the Talmud (Sotah 31a,41a; Chagigah 3a, etc.), requires the entire people of Israel to gather on the first day of Chol Hamoed Sukkot after the Sabbatical (Shemittah) year. The leader (i.e. king) reads to the assembled from the beginning of Devarim to 6:9; 11:13-21; and 14:22-28:69. These passages, in the words of Rambam,
“encourage the [people] towards the commandments and strengthens their commitment to the true faith.”
(Possibly, our Simchat Torah custom, devoting the last day of the Sukkot season to rejoicing over the Torah, derives from Hak’hel.)

Moshe exhorts the people in the presence of its leadership (Yehoshua, the Kohanim, sons of Levi, all the elders of Israel), suggesting a special role to be played by the leaders in this mitzvah. Thus, says Haemek Davar, when Moshe commands you will read (TIKRA), using the singular verb, his focus is on Yehoshua, who will fulfill the role of king; consequently, preference is given to the king of Israel. However, if there is no king, the recognized leader of the people can discharge this duty (since the Torah did not mention the king).

Some additional insights from Haemek Davar:

• And Moshe commanded them (VAYETZAV OTAM) He encourages the people to perform what would be a difficult task: gathering the entire nation to Jerusalem.

• At the end of seven years After a complete year with no agricultural activity, the effects of the Shemittah year will be especially noticeable during Sukkot, which usually coincides with the in-gathering of produce (Devarim 16:13). The entire people are focused on spiritual concerns instead of the work in the fields: reliance on Hashem, prayer and, in particular, Torah study.

• In their ears Each person must strive to listen carefully to the words of the Torah according to his or her level of understanding, and to grow further. This is also seen in Rambam’s formulation of the laws of Hak’hel (“Laws of the Chagigah” 3:1, 6). [It is noteworthy that Rambam does not discuss Hak’hel in “Laws of Torah Study”, “Laws of the Sabbatical and Jubilee Years”, or “Laws of Kings”. The inclusion of Hak’hel in “Laws of the Chagigah” suggests that it is fundamentally an expression of the festival; not so much of Torah learning, but of joy in and devotion to the Torah.]

• They will learn and they will revere (V’YAR’U) Hashem, your G-d This refers to the adults, who do not need to be taught the fear of Heaven, but will be moved to revere Hashem by the Hak’hel reading. On the other hand,

• And your children, who do not know, will listen and learn to revere (L’YIR’AH) Hashem, your G-d The use of the infinitive indicates that the children need to be taught how to revere Hashem.

• All the days that you live on the land to which you are crossing the Jordan to possess it The most profound effect of Hak’hel can be achieved only in the Land of Israel, because only there can the full national implementation of the laws and values of the Torah be reached.

The return of the Jewish People to the Land of Israel in modern times has sparked discussion about reviving Hak’hel. Since Hak’hel depends upon Shemittah, which is Biblically applicable, according to most views, only when the majority of the world’s Jews are in Israel, this would not be actual Hak’hel, but a “reminder” (zecher).

The late Ashkenazi Chief Rabbi, Yitzchak Herzog (1888-1959), in his responsa Heichal Yitzchak (Orach Chayim chapters 58 and 59), discusses this. Without citing Haemek Davar he agrees that any recognized Jewish leader can read the Torah at Hak’hel. He posits that a zecher l’Hak’hel was never implemented by the Jews of Eretz Yisrael in the past precisely because it should be done by a Jewish political leader. As long as the Jews did not enjoy political autonomy, the zecher l’Hak’hel might have been construed by the Romans, Moslems or British as rebellion.

R. Herzog suggests a program including blowing horns to gather the people, studying the laws of Hak’hel, reciting prayers, reading the Hak’hel selections at the Western Wall, and a public rally proclaiming the Jewish People’s right to the land of Israel based upon the Torah. Recently, the Chief Rabbinate has implemented some of these recommendations.

May we witness very soon the full observance of Hak’hel.

"Ain Torah K'Torat Eretz Yisrael!"- Torah from Aloh Na'aleh*
Parshat Nitzavim-Vayelech

In this week’s parshah, we find a continuation to the covenant of blessings and curses presented by Moshe to Bnei Yisrael in parshat Ki Tavo (chapter 28). The primary element in this covenant is the involvement of Eretz Yisrael as a medium and barometer of mitzvah observance. Following Moshe’s warning of the inevitable exile from the land, he adds an element of hope; when the curses materialize, there is still a possibility of repentance and restoration. In chapter 30, known as “parshat hateshuva v’hageula (verses 1-10),” the verb “shav - return” appears seven times, serving as a “mila mancha” (motif) to highlight the process of teshuva.

The first stage begins with “vaheshevota el levavecha (30:1)” - ironically, when in galut, you shall undergo introspection, which leads to the next stage - “vshavta ad HaShem Elokecha (30-2)” - return to mitzvah observance. These two stages of return are reciprocated by HaShem; “Veshav HaShem Elokecha et shevutcha (30-3)” - HaShem responds to our initiative of teshuva / repentance with teshuva / restoration in two stages as well - return of the exiled and of the dispersed.

The process culminates only once we are in Eretz Yisrael wherein our hearts are “circumcised” to properly love God (30-6), and from where HaShem will seek vengeance against our foes (30-7). At that point, “teshuva” is again employed (10-8) - returning to full mitzvah observance for now the “mitzvot hateluyot baAretz” can be fulfilled as well. The final stage of our repentance is once again compensated for by Hashem, who will restore the blessings in bounty. The unit ends with a reminder as to how the process is set in motion - “ki tashuv el Hashem Elokecha bechol levavcha uvechol nafshecha” - we have to initiate the process.

The above is meant not only to inspire hope following exile, but also to teach us what teshuva is all about. It is a two-part process of three stages: returning to ourselves, returning to mitzvah observance, and only once we are in Eretz Yisrael (i.e., part two), full repentance through mitzvot of the land. It is also a process reciprocated by God: our return catalyzes His restoration and redemption through the land. On a national level, complete teshuva can only be fulfilled in Eretz Yisrael. Return to Eretz Yisrael is an expression of HaShem’s returning to us (see Megillat Ruth, chapter 1).

God assures us that if we initiate, He shall return to us as we do to Him - “Shuvu Eilai vAshuva aleichem.” (Aloh- Ya’aleh!)

Shani Taragin

*D’var Torah from Aloh Na'aleh: an initiative of former North American Rabbis and laymen who successfully made Aliyah, aimed at highlighting the centrality of Israel and promoting Aliyah. They send emissaries – Rabbis, academicians, and others – on speaking-tours throughout the U.S. and Canada.

Contact information:

Tel: 972-2-566-1181 ext. 320
Fax: 972-2-566-1186
Email: aloh-naaleh@aaci.org.il


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