ואמרת לפני ד’ אלקיך בערתי הקדש מן הבית וגם נתתיו ללוי ולגר ליתום ולאלמנה
ככל מצותך אשר צויתני לא עברתי ממצותיך ולא שכחתי (26:13)

There is a three-year cycle governing the tithes that a person is obligated to separate from his crops. In the year following the conclusion of this cycle, a farmer has until the day before Pesach to deliver all of his tithes to their respective destinations. On the last day of Pesach, he recites a passage declaring that he has properly observed the laws governing the separation and distribution of the tithes. The Mishnah in Sotah (32a) refers to this section as ווידוי מעשר – the “confession” of the tithes. In what way is a declaration that one has acted properly which contains no reference to sin considered a confession?

Rav Levi Yitzchok of Berditchev points out an interesting difference between the proper attitude toward mitzvos and sins. With regard to a person’s sins, it is preferable to remember them constantly (Tehillim 51:5) to fully repent for them and to be careful not to repeat them. Regarding mitzvos, however, it is advisable not to dwell on one’s successes, which may cause a person to become haughty or complacent, but rather to leave them in the past and always focus on future growth and accomplishments.

At the end of the זכרונות (Remembrances) section of the Rosh Hashana Mussaf prayers, we say כי זוכר כל הנשכחות אתה הוא מעולם – You (Hashem) eternally remember everything that is forgotten. In other words, Hashem remembers whatever we forget and “forgets” what we remember. If a person acts properly, remembering his sins and forgetting his mitzvos, Hashem will overlook his misdeeds and focus on recalling his accomplishments. If, however, the person unremorsefully forgets his sins and arrogantly dwells on his mitzvos, Hashem will meticulously remember each sin while overlooking his good deeds.

Based on this explanation, the Satmar Rebbe suggests that in reciting the declaration concerning the distribution of the tithes, the farmer recounts in detail how he acted properly and observed all of the relevant laws. In doing so, he is dwelling upon the mitzvos that he performed over the previous three years, something which Hashem generally prefers that we not do. In this sense, the proclamation that he has behaved properly is in reality a form of a confession.

וראו כל עמי הארץ כי שם ד’ נקרא עליך ויראו ממך (28:10)

There is a legal dispute (Shulchan Aruch Orach Chaim 31:2) regarding the wearing of tefillin on Chol HaMoed. Rav Yosef Karo writes that it is forbidden to wear tefillin on Chol HaMoed, while the Rema cites opinions that one is obligated to do so, adding that this was the prevalent custom in his region. The Paneiach Raza and the Maharshal bring a fascinating proof to support the latter opinion.
Moshe blessed the Jewish people that if they act properly and observe the commandments, the nations of the world will see that the name of Hashem is called upon them, and they will fear and revere them. The Gemora in Megillah (16b) understands the concept of the name of Hashem being called upon them as referring to tefillin. Tosefos (Berachos 6a) explains that the tefillin contain an allusion to שד-י, one of Hashem’s Divine names, with the ש represented by the letter ש that appears on the sides of the tefillin that is worn on one’s head.
The numerical value of ש is 300, which hints to the 300 days each year on which a person is obligated to wear tefillin. Subtracting the 52 Shabbosim on which a person is exempt from tefillin leaves 313 days. One is also exempt from wearing tefillin on four days of Pesach, two days of Shavuos, two days of Rosh Hashana, one day of Yom Kippur, and four days of Sukkos, for a total of 13. If a person doesn’t wear tefillin on Chol HaMoed, he will be left with too few remaining days. In other words, only if one wears tefillin every day of the year except for Shabbos and Yom Tov will he be left with a total of exactly 300 days to correspond to the ש on his tefillin.

ואולך אתכם ארבעים שנה במדבר לא בלו שלמתיכם מעליכם ונעלך לא בלתה מעל רגלך (29:4)

At the end of the parsha, Moshe stressed to the Jewish people the tremendous miracles and Divine kindness which they experienced during their 40-year sojourn in the wilderness. In particular, he mentioned that despite the difficult conditions, neither their clothing nor their shoes wore out during this period. This statement implies that the Jews wore shoes during their travels through the desert. How can this be resolved with Rashi’s earlier comment (8:4), in which he writes that their feet miraculously didn’t swell during their travels in the wilderness as is customary for those who walk barefoot?

The Rogatchover Gaon resolves the apparent contradiction by suggesting that when the Jewish people left Egypt and entered the wilderness, they were wearing shoes. However, after the sins of the golden calf and the spies, they were legally considered in נידוי – excommunication – until the end of their 40-year sojourn in the desert. Somebody who has been excommunicated must observe certain signs of mourning, including the removal of his shoes (Moed Katan 15b).

The earlier verse is addressed to the Jewish people, who were forced to wander without shoes during this period, and emphasizes the miracle that their bare feet didn’t swell during this time. Our verse is addressed to the Levites, who remained righteous and didn’t take part in these sins and weren’t punished with excommunication. They were allowed to wear shoes during their sojourn in the wilderness, and our verse refers to the miracle that their shoes didn’t wear out while wandering through the hot desert for so many years.

Parsha Q & A

1) The section (26:1-11) detailing the laws governing bikkurim contains every letter in the Hebrew alphabet except for one. Which letter is missing, and why?

2) Why is the rebuke in Parshas Ki Savo written in the third person (Hashem will do – see e.g. 28:20) while that of Parshas Bechukosai uses the first person (I will do – see e.g. Vayikra 26:16)?

3) The Torah teaches (28:47) that the terrible curses described throughout the parsha will come as a result of not serving Hashem with gladness. If this is indeed such a terrible sin, why is there no commandment to do so?

Answers:

1) The Baal HaTurim points out that this section contains every letter except for samech. This alludes to the Talmudic teaching (Chullin 137b) that although there is no minimum Biblical amount which a farmer is required to bring to fulfill the obligation of bikkurim, the Sages instituted that he should bring one-sixtieth of his harvest. This is alluded to by the absence of the letter samech, which has a numerical value of 60. Additionally, the Torah uses an unusual word when instructing the farmer to bring his first-fruits in a basket to the Kohen. This is because the numerical value of the word “teneh” – basket – is 60.

2) Rabbeinu Bechaye explains that the curses mentioned in Parshas Bechukosai were fulfilled during the first Beis HaMikdash, where the Shechinah dwelled, and for that reason they are written in the first person as punishments that Hashem will mete out. The curses described in Parshas Ki Savo were carried out during the second Beis HaMikdash, when the Shechinah no longer dwelled in the Temple (Yoma 21b), and they are therefore written in the voice of Moshe relating what Hashem will do.

3) The Yad Av argues that this question is mistaken in its premise, as the very complaint against our performing the mitzvos without happiness is that joy should be an automatic byproduct of serving Hashem. He compares this to a case of somebody who gives an incredibly valuable gift to his friend, who will naturally rejoice upon recognizing what he has been given. It would be inappropriate and superfluous to add a request that he enjoy the present. Similarly, if we truly appreciated the value of all that Hashem has given us, we would automatically serve Him with joy, and for not doing so we are punished severely.

Originally from Kansas City, Rabbi Ozer Alport graduated from Harvard, learned in Mir Yerushalayim for five years, and now lives in Brooklyn, where he learns in Yeshivas Beis Yosef, is the author of the soon-to-be-published sefer Parsha Potpourri, and gives weekly shiurim. To send comments to the author or to receive his Divrei Torah weekly, please email [email protected].