חה"ש א

B"H Okay, let's break down this Sicha (discourse) from the Rebbe. The goal here is to understand the Rebbe's line of thinking – the questions he asks, the traditional answers he considers, why he finds them insufficient, and the deeper understanding he ultimately offers. We'll assume very little prior knowledge. **The Starting Point: The Mitzvah to Write a Torah Scroll (Section א)** 1. **The Basic Law:** The Rebbe begins by quoting Maimonides (known as the Rambam), a foundational codifier of Jewish law (Halacha). The Rambam states a clear commandment (a *Mitzvah Aseh*, a positive "to-do" commandment): **Every single Jewish person must write a Sefer Torah (a Torah Scroll) for themselves.** * **What's a Sefer Torah?** This is the handwritten scroll containing the Five Books of Moses (Genesis, Exodus, Leviticus, Numbers, Deuteronomy), written on parchment by a specially trained scribe (*Sofer*) according to very specific laws. It's read publicly in synagogues. * **Source:** This Mitzvah is derived from a verse in Deuteronomy (31:19): "And now, write for yourselves this song (*shirah*)..." While the verse mentions "song," the Sages understand it to refer to the entire Torah, which contains this song (the song of Ha'azinu). * **Key Details from Rambam:** * It applies to *everyone*. * Even if you inherit a perfectly good Sefer Torah from your parents, you *still* have to write your own. * If you write it *yourself* (with your own hand), it's considered **as if you received the Torah directly from Mount Sinai**. This is a very powerful statement about the significance of the personal act. * If you don't know how to write one (it requires great skill), you fulfill the Mitzvah by hiring a scribe (*Sofer*) to write it for you. * Even *correcting* a single letter in a Sefer Torah (which requires expertise) is considered as if you wrote the entire scroll. 2. **The Rebbe's Obvious Question:** Given that this is a universal Mitzvah with such profound significance (especially the "receiving from Sinai" part if you write it yourself), **why don't we see people actively trying to fulfill it personally?** Why isn't everyone striving to write their own Sefer Torah, or at least actively participate by correcting a letter? It seems like a fundamental Mitzvah that isn't commonly practiced in its ideal form. *Why this question matters:* It points to an apparent gap between the stated law and everyday observance, which requires explanation. 3. **Anticipating Potential Answers (And Why They Fall Short):** The Rebbe considers a couple of standard explanations for why people might hire a scribe instead of writing it themselves: * **Beautifying the Mitzvah (*Hiddur Mitzvah*):** There's a principle called "*Zeh Keli v'anveihu*" – "This is my G-d, and I will glorify Him" (Exodus 15:2). This is understood to mean we should perform Mitzvos in the most beautiful way possible. Perhaps people hire an expert scribe because the scribe can write a much more beautiful and perfect scroll than they could. In this case, the desire for a beautiful Mitzvah might override the benefit of writing it personally ("as if receiving from Sinai"). * **"Better to Do It Yourself" Exception? (*Mitzvah Bo Yoser Mi'b'shlucho*):** Generally, it's considered better to perform a Mitzvah yourself rather than appointing an agent (*shaliach*) to do it for you. The *Tevuos Shor* (a commentary) explains this is often because sending an agent can look like you don't want to bother yourself, which isn't respectful to the Mitzvah. *However*, the Tevuos Shor suggests this principle *doesn't* apply if appointing an agent actually *enhances* the Mitzvah's honor (like hiring an expert scribe for a more beautiful scroll). If so, hiring the scribe wouldn't be seen as avoiding the Mitzvah but as fulfilling it more honorably. * **The Rebbe's Rebuttal:** Even if these points explain why people might hire a scribe, they *don't* explain the larger phenomenon. People aren't just *not writing it themselves*; they often aren't even actively *hiring* someone specifically to write one *for them*, nor are they generally seeking out the opportunity to *correct a letter* (which Rambam says also counts as fulfilling the Mitzvah fully). The Mitzvah seems largely unfulfilled in *any* of these active forms. **A Different Approach: Maybe the Mitzvah Changed? (Section ב)** 1. **Introducing the Rosh's Opinion:** The Rebbe suggests a common explanation for the observed practice: People might be following the opinion of Rabbeinu Asher (known as the Rosh), another major medieval authority. * **The Rosh's View:** The Rosh argued that the original obligation to write a *Sefer Torah* applied "in earlier generations" when people actually *learned directly* from the scrolls they wrote. However, "nowadays" (*ha'idna*), when Sifrei Torah (plural of Sefer Torah) are primarily kept in synagogues for public reading, the *main way people learn* is from other books – printed Chumashim (the Five Books of Moses with commentaries), Mishnah (the core text of the Oral Law), Gemara (the Talmud, which elaborates on the Mishnah), and their commentaries. * Therefore, the Rosh concludes, **"nowadays" the Mitzvah is actually fulfilled by writing (or acquiring) *these* learning books** (Chumashim, Mishnah, Gemara, etc.) so that the person and their children can study from them. Why? Because the *ultimate purpose* of the Mitzvah, derived from the continuation of the verse ("...teach it to the Children of Israel, place it in their mouths"), is *Torah study*. * **Support:** This view is cited as the accepted Halacha by Rabbi Yosef Karo in the *Shulchan Aruch* (the standard Code of Jewish Law, Yoreh Deah 270:2). Some authorities even hold that *only* acquiring these learning books fulfills the Mitzvah today, not writing a Sefer Torah. 2. **The Rebbe's New Problem:** Okay, so maybe the Mitzvah shifted from writing a Sefer Torah to acquiring learning books. But the Rebbe points out **this *still* doesn't solve the problem!** * The Rosh and Shulchan Aruch still use the language **"to write"** these Chumashim, Mishnah, etc. But people generally don't *write* these books by hand either! * **What about printing?** Since the invention of printing, people overwhelmingly *buy* printed books. Even if we could argue that printing is a modern form of "writing" (as it replaced handwriting), buying a ready-made printed book isn't the same as commissioning someone to write or print it *for you*. Furthermore, often the printers aren't even Jewish, and nobody seems concerned about this aspect when buying books to fulfill the Mitzvah! * **The Rema's Stringency:** This leads to a more significant issue. The Rema (Rabbi Moshe Isserles, whose glosses on the Shulchan Aruch are authoritative for Ashkenazi Jews) rules regarding a *Sefer Torah* that if you just *buy* a finished one (like "snatching a Mitzvah from the market") without personally correcting anything in it, **you do *not* fulfill the Mitzvah.** (This is stricter than Rashi and Nimukei Yosef, who held that buying does fulfill the Mitzvah, just not in the best way). * **The Core Question Remains:** If buying a completed *Sefer Torah* without personal input (like correcting a letter) doesn't fulfill the Mitzvah according to the Rema, how can simply *buying* printed learning books fulfill the Mitzvah, especially if the Mitzvah *shifted* to these books? It seems inconsistent. **Trying to Distinguish Rambam and Rosh (Section ג)** 1. **A Simple Distinction Attempted:** Perhaps the difference between Rambam and Rosh is about the very *nature* of the Mitzvah: * **Rambam:** Focused on the *action* of *writing* the Sefer Torah. The physical act is key. Buying isn't enough. * **Rosh:** Focused on the *goal* of *having* the books available *for learning*. The physical act of writing isn't the essence; access to the text for study is. So, buying is fine. 2. **The Rebbe's Rejection of this Simple Distinction:** The Rebbe argues this isn't accurate based on how the Rosh presents his opinion. * The Rosh doesn't say, "The Mitzvah is completely different now." He quotes the Rambam (about writing a Sefer Torah) and says, "That applied *then*, but *nowadays* (because the *way* we learn has changed), the Mitzvah is to write *these other books* (Chumashim, etc.)." * This implies the Rosh sees it as the *same fundamental Mitzvah* (connected to enabling study), but its practical application (which books to write/acquire) changes based on how study actually happens. He's not creating a new definition, but adapting the application. * **Lingering Question:** The Rebbe also notes we still need to understand the basis for the dispute between the Rema/Rambam (buying isn't enough) and Rashi/Nimukei Yosef (buying is enough, though not ideal) regarding a Sefer Torah. **The Fundamental Question: Can a Torah Mitzvah Change? (Section ד)** 1. **The Rebbe's Deep Dive:** How can the Rosh (and the Shulchan Aruch following him) possibly say that a Mitzvah explicitly stated in the Torah ("Write... this song" = Sefer Torah) can somehow change over time, to the point where "nowadays" it applies to different books? Isn't Torah law eternal and unchanging? 2. **Rosh's Own Clue:** The Rosh himself explains his reasoning: "Because the Mitzvah of writing the Torah is for *learning* it, as the verse says '...and teach it to the Children of Israel, place it in their mouths.'" 3. **The Rebbe's Challenge:** Okay, that's the *purpose* or *goal* of the Mitzvah. But the Torah explicitly commanded the *action*: **"Write"** a **Sefer Torah**. How can we substitute the means just because the goal is learning? If the Torah specified the means, shouldn't that be fixed? *Why this matters:* This touches upon a core principle of how we understand the relationship between the letter of the law and its underlying purpose, and whether/how laws adapt to changing realities. **The Rebbe's Resolution: Separating the Core Mitzvah from its Associated Details (Sections ה, ו)** 1. **Understanding the Rosh's Logic:** The Rebbe offers a way to understand the Rosh's position without contradicting the Torah's command. * **The Link is Key:** The fact that the verse *immediately* connects the command "Write" (*Kisvu*) with the purpose "and teach it... place it in their mouths" (*v'limda... simah b'fihem*) is crucial. The context of the chapter (Vayelech) is about ensuring the Torah remains known and studied, even during difficult times. * **"Write" as the Means, Not the Essence:** The Rosh understands from this connection that "Write" (*Kisvu*) is not the absolute, unchangeable *essence* of the Mitzvah itself. Rather, it's the specific *action* required at that time to achieve the *essential goal*: having a *written text* of the Torah from which to learn and internalize ("simah b'fihem"). * **Analogy 1: Mezuzah:** Think about the Mitzvah of Mezuzah. The Torah says "And you shall *write* them upon the doorposts..." (*U'chsavtam*). But the Mitzvah as defined by Halacha isn't the act of writing (a scribe does that); it's the act of *affixing* the written parchment to the doorpost (*likvoa Mezuzah*). The writing is a necessary prerequisite for the object, but the individual's Mitzvah is affixing it. Similarly, "Kisvu" might be the prerequisite action to *get* the text needed for the core goal of "v'limda." * **Why a *Sefer Torah* Specifically Back Then?** At the time the command was given, the *only* sanctioned way to have the *Written Torah* in text form *was* a Sefer Torah. The Oral Torah (Mishnah, Gemara) was forbidden to be written down ("*Devarim she'b'al peh i attah rashai l'kosvam*"). So, to fulfill "simah b'fihem" *from a written text*, you needed a Sefer Torah. * **The Rules Came with the Object:** Because the Mitzvah involved creating a *Sefer Torah*, all the specific laws associated with making a kosher Sefer Torah (writing on parchment, with special ink, ruled lines, specific script - *Ktav Ashuri*, in Hebrew, *Lishmah* - with specific intention, etc.) naturally became part of *how* the Mitzvah was fulfilled *at that time*. These rules belong to the *object* (the Sefer Torah) itself. * **The Shift ("Ha'idna"):** Later, due to the risk of Torah being forgotten, the Sages permitted writing down the Oral Law ("*Eis la'asos LaShem, heferu Torasecha*" - It is a time to act for G-d, they have voided Your Torah – interpreted as permission to write Oral Law to save it). Once this happened, the primary way people learned "the explanation of the Mitzvos and laws" shifted to written Chumashim, Mishnah, Gemara, and commentaries. * **Applying the Mitzvah Now:** Therefore, argues the Rosh (as explained by the Rebbe), the Mitzvah of "Kisvu" – the action needed to achieve "simah b'fihem" from a *written text* – now applies to *these* learning books. And crucially, these books *do not* have the same inherent requirements as a Sefer Torah (no special parchment, script, lines, etc.). So, the *action* needed to fulfill the Mitzvah via *these* books is simply whatever makes them available and usable for study. * **The Principle: *Don Minah v'Uki b'Atra*** This is a Talmudic principle meaning: "Learn from it, but establish it in its place." You derive a general principle from one case (here, the need for an action to acquire written text for study, from the Sefer Torah Mitzvah), but when you apply it to a *new* context (learning books), you only keep the relevant parts of the principle and leave behind the details specific to the original context (like the rules for writing a Sefer Torah). 2. **Analogy 2: Joy on Festivals (*Simcha b'Yom Tov*):** * The Mitzvah is to rejoice on Jewish festivals. * In Temple times, this was primarily done by eating parts of specific peace offerings (*Shalmei Simcha*). These had many rules (eating them in purity, in Jerusalem, etc.). * Today, without the Temple, many hold the Mitzvah (on a Torah level) is fulfilled by eating meat (based on the idea "There is no joy except with meat"). * Applying *Don Minah v'Uki b'Atra*: The core Mitzvah (rejoicing) continues. The *means* adapts (meat instead of specific offering). But the specific rules tied to the *original means* (purity, Jerusalem location) *do not* transfer to the new means (eating meat). Those rules belonged to the *sacrifice* aspect (*Korban*), not the *joy* aspect (*Simcha*). * **Applying Back to Sefer Torah:** Similarly, the rules for writing a Sefer Torah (lines, script, etc.) belong to the *object* (the holy scroll itself), not the core Mitzvah of "Kisvu... v'limda" (acting to get text for study). When the focus shifts to learning books, those specific Sefer Torah rules don't carry over. 3. **Conclusion:** The Rosh didn't change the *essence* of the Mitzvah (acting to acquire written Torah for study). He only identified that the *means* of fulfilling it adapted to changing circumstances and the way people learn. **Resolving the Remaining Issues (Sections ז, ח, ט)** 1. **More Examples of *Don Minah v'Uki b'Atra* (Section ז):** The Rebbe briefly gives other examples to show this principle is common: * Prayer vs. Sacrifices: Prayers correspond to daily sacrifices, but we don't need a Kohen (priest) for prayer (unlike Temple sacrifices), though the *timing* does correspond. * Pesach Seder: We avoid eating roasted meat (like the Pascal lamb), but use a roasted shank bone as a reminder. The core function (eating) is avoided, but a related symbol is kept. * Talmudic Agreements: When two Rabbis are said to "hold the same view," it usually implies agreement on the core principle but potential differences in application or detail. 2. **Solving the Rema/Rashi Puzzle (Sections ח, ט):** Now the Rebbe applies the *Don Minah v'Uki b'Atra* insight to explain the dispute about *buying* books and why the Rema's stringency might only apply to a Sefer Torah. * **The Core Idea:** Everyone agrees the Mitzvah of "Kisvu" is fundamentally about *Kabbalas HaTorah* – actively receiving/accepting the Torah by performing an action to acquire it for study. The question is: How integral is the *specific creative action* to this receiving? * **When the Mitzvah is via a *Sefer Torah*:** * **Rema/Rambam's View (Action is Integral):** Because a Sefer Torah has inherent holiness (*kedusha*) that *requires* specific actions in its creation (writing *Lishmah*, on parchment, etc.), fulfilling the Mitzvah *through* this holy object demands personal involvement in that creative/perfecting process. The required actions for the *object* become part of the *Mitzvah* of receiving it. Therefore, simply buying a finished product isn't enough; you need to write, commission the writing *for you*, or personally correct/complete it. Your action finalizes the "receiving." * **Rashi/Nimukei Yosef's View (Action is for the Object, not the Mitzvah):** The specific rules (lines, Lishmah, etc.) are *only* requirements to create the holy *object* (the Sefer Torah). They are *not* intrinsically part of the *Mitzvah* of "Kisvu... v'limda," which is achieved by *having* the valid text. Therefore, if the Sefer Torah is already kosher (the object is complete), acquiring it (buying it) is sufficient to fulfill the Mitzvah of receiving it for study (though writing it is better). * **When the Mitzvah is via *Learning Books* ("Ha'idna"):** * **Universal Agreement:** Since these books *don't* have intrinsic requirements regarding *how* they are made (no special materials, script, intent; machine printing is fine – the Rebbe uses the term *maaseh kof*, "act of a monkey," metaphorically for mechanical reproduction), the element of personal creative action emphasized by Rema/Rambam for a Sefer Torah *doesn't apply*. * The Mitzvah here is purely about acquiring the text for study ("v'limda simah b'fihem"). Therefore, **even according to the Rema's underlying logic**, buying printed learning books *is* sufficient. The specific creative act isn't required because the *object* doesn't demand it. * **Why "Write" in Rosh/Shulchan Aruch?** They use the word "write" because the Mitzvah's source verse uses "write" (referring to the Sefer Torah). But it's understood via *Don Minah v'Uki b'Atra* – the core idea (acquire text for learning) is kept, but the specific requirement of personal writing/correcting (relevant to the Sefer Torah) is left behind. * **Final Answer to the Original Question:** This explains why people fulfill the Mitzvah today by buying printed books. For *these* books, unlike a Sefer Torah (according to Rema), buying *is* a valid way to fulfill the Mitzvah of acquiring Torah text for study. **Practical Implications and Deeper Meaning (Sections י, יא, יב)** 1. **Fulfilling the Mitzvah Today (Section י):** Does fulfilling the Mitzvah today mean buying *all* essential Jewish books (Chumash, Mishnah, Gemara, commentaries, etc.)? The Rebbe uses an analogy: Just like learning Torah today doesn't mean mastering everything before specializing, fulfilling "Kisvu" doesn't practically require acquiring every single type of book at once. It's an ongoing process. (The practical reality is people acquire books gradually). 2. **The Meaning of "As If Received from Sinai" (Section יא):** Why did the Sages and Rambam emphasize this phrase? * It captures the *essence* of the Mitzvah: It's about a personal act of *Kabbalas HaTorah* – receiving the Torah through one's own effort (writing the scroll, or using one's money to buy the books) followed by learning ("v'limda"). * **Original Fulfillment:** Writing a Sefer Torah by hand was the most complete expression of this personal reception, mirroring the original event at Sinai. * **Modern Fulfillment:** Buying and learning from Sefarim (holy books) today is a *reflection* or *parallel* (*mei'ein*) of this same essential act of receiving the Torah. * **Practical Takeaway:** This underscores the immense importance of every Jew having basic holy books in their home – a Siddur (prayer book), Chumash, Tanach (Bible), Mishnayos, books of Halacha (Jewish Law), etc. Ideally, a "house full of books" (*bayis malei sefarim*). And crucially, these books must be *used* for learning ("v'limda... simah b'fihem"). 3. **A Deeper Dimension (Section יב):** * The Mitzvah is to write "this song" (*hashirah*), meaning the whole Torah. Since tradition holds that the entire Oral Torah is alluded to (*remiza*) in the Written Torah, writing/having a Sefer Torah connects one to the *entirety* of Torah, Written and Oral, as given at Sinai. * **Rambam's Phrasing Revisited:** Why did Rambam include "as if received from Sinai" within the *body* of the Halacha, not just as a side comment about reward? * *Nimukei Yosef* suggests it's about the person's merit – it shows they *would have* gone to Sinai. * *The Rebbe suggests (based on Rambam's placement and wording):* It's not just a reward, but an actual *effect* or *result* of properly fulfilling the Mitzvah. The act of writing (or by extension, acquiring and learning) *creates* a state of connection akin to having received the Torah at Sinai. (Like teaching someone else's child Torah is considered "as if one gave birth to him" – the act creates a reality). **Conclusion (Section יג)** The Sicha concludes with a prayer for the coming of Moshiach (the Messiah), who will write his own Sefer Torah as king, leading to the ultimate revelation of G-d's unity ("On that day, G-d will be One and His Name will be One"). **In Summary:** The Rebbe starts with a practical question about why a seemingly universal Mitzvah (writing a Sefer Torah) isn't commonly fulfilled personally. He examines the standard explanation (following the Rosh, that the Mitzvah shifted to acquiring learning books) but finds it initially unsatisfying because people don't *write* those books either, and buying seems problematic based on rules for a Sefer Torah. His core insight is to differentiate the *unchanging goal* of the Mitzvah (actively acquiring written Torah for study – "v'limda simah b'fihem") from the *means* ("Kisvu" - write), which adapted based on how Torah was studied. Using the principle of *Don Minah v'Uki b'Atra*, he shows that the strict requirements associated with writing a *Sefer Torah* (necessitating personal involvement like writing or correcting, according to Rema) don't necessarily apply to acquiring *learning books*. For these, the act of acquiring (like buying printed books) is sufficient to fulfill the Mitzvah's core goal of enabling study. This resolves the initial question and explains modern practice. It also highlights the profound, ongoing connection every Jew can have to receiving the Torah ("as if from Sinai") through the act of acquiring and, crucially, *learning* from their own holy books. The emphasis shifts from a potentially inaccessible act (writing a scroll) to an accessible and vital one: building a personal library of Jewish texts and engaging with them.