DEVARIM/DEUTERONOMY - PARSHAS VA'ESCHANAN 4:41-49 - ספר דברים - פרשת ואתחנן - ד:מא-מט - שלישי

The verse tells us that at that time, Moshe separated and designated three cities on the east side of the Jordan River, in the area where the sun rises, meaning the eastern side. This is Moshe fulfilling Hashem's command to set aside cities of refuge, as we learned at the end of Parshas Masei. There, the Torah commanded that there should be six cities of refuge in total—three on each side of the Jordan. The wording here is not 'Oz Hivdil' (then he separated), but 'Oz Yavdil' (then he would separate), indicating an action Moshe is doing now. The verse emphasizes that Moshe is actively involved in this mitzvah, even though the cities would not yet serve their full function until the other three in Eretz Canaan were also designated.

Rashi explains that the phrase 'Oz Yavdil' hints that Moshe put his heart into being scrupulous and careful to separate these cities. Even though these cities would not yet function as cities of refuge until the other three in Eretz Canaan were designated, Moshe still wanted to fulfill the mitzvah as much as he could. He was eager to do any mitzvah that was possible for him to fulfill, even if the full effect would only come later. The act of designating the cities itself is a mitzvah, so Moshe did not want to miss the opportunity to do it, showing his diligence and care in mitzvah observance.

Rashi explains the phrase 'Be'Ever HaYardin Mizracha Shamesh' as referring to the side of the Jordan that is in the east, where the sun rises. It clarifies that the cities Moshe designated were on the eastern side of the Jordan River, not the western side in Eretz Canaan. The phrase emphasizes the specific location—on the side of the Jordan that is to the east, where the sun shines.

Rashi notes that the word 'Mizracha Shamesh' is written as a connected phrase, so the letter 'Reish' is vocalized with a 'Chatav,' which is a type of reduced vowel. The phrase means 'the place of the sunrise,' or 'where the sun shines.' Instead of just saying 'Mizracha' (the east), the Torah says 'Mizracha Shamesh' to specify the act of the sun rising, the place where the sun shines. This grammatical note explains why the Torah uses this particular form of the word.

This verse explains the purpose of the cities of refuge: so that a person who kills someone accidentally, without intention and without prior hatred, can flee to one of these cities and live. If he does not run away, as we learned earlier, the 'Goel HaDam'—the redeemer of the blood, meaning the relative of the person who was killed—has the right to kill the accidental murderer. But if the murderer escapes to the city of refuge, he is protected and allowed to live there. Many of the detailed laws about this are discussed at the end of Parshas Masei, starting from Shishi in Perek Lamed Hei.

This verse lists the three cities that Moshe designated: Betzer in the desert, in the flat land, for the tribe of Reuven; Ramot in the Gilad, for the tribe of Gad; and Golan in the Bashan, for the tribe of Menashe. These are the three cities of refuge on the east side of the Jordan. The teacher notes that the division of the land among the tribes of Reuven, Gad, and Menashe was discussed at the end of Parshas Matos and earlier in Parshas Devarim. He also mentions that Rashi, in Parshas Masei, explains why three cities were needed for only two and a half tribes—because there were many murderers in that area, so more cities of refuge were necessary. The Gemara adds that the cities were spaced so that each was a third of the way from each direction, making them equally accessible. The teacher reflects that it would be interesting to match these cities on a map to see how they fit into the land's division.

This verse marks a transition in the Torah. Up to this point, Moshe was recounting stories and events, not so much teaching laws. Now, the Torah says, 'This is the Torah that Moshe placed before the Bnei Yisrael.' The teacher discusses whether this refers to the Torah Shebiksav (the written Torah), the Torah Shebaal Peh (the oral Torah), or both. He notes that after this, the Torah will present the Aseres HaDibros (Ten Commandments) and the Shema, which are not just laws but also fundamental principles of faith and mitzvah observance. The teacher wonders if 'Vezos HaTorah' refers mainly to the written Torah or also includes the oral Torah that Moshe taught. He points out that the actual detailed laws begin later, in Parshas Re'eh, with the laws of sacrifices and other commandments. For now, the Torah is still focusing on general mitzvos and recounting events.

Rashi explains that 'Vezos HaTorah' refers to the Torah that Moshe is going to organize and teach after this section. The teacher elaborates that up to this point, Moshe was mainly recounting the past, but now he is about to begin teaching the laws and commandments. The following verses will introduce the testimonies, statutes, and laws that Moshe spoke to the Bnei Yisrael when they left Egypt. Rashi clarifies that Moshe originally taught these laws after the Exodus, mainly during the first year by Har Sinai, and now, in Arvos Moav, he is repeating and teaching them again. The teacher discusses how most of the mitzvos were given in the first year after leaving Egypt, and now Moshe is reviewing them before the people enter Eretz Yisrael. He also notes that the phrase 'Mizrach Shamesh' in the next verse again refers to the east side of the Jordan, and the Torah repeats the boundaries and locations to clarify the setting for these teachings.

This verse says, "These are the testimonies, the statutes, and the rational laws that Moshe spoke to the Bnei Yisrael when they went out of Mitzrayim." The teacher explains that the word "Eileh" here means "the following," referring to what is going to be said. Moshe is now telling the Bnei Yisrael these mitzvos. The teacher notes that up until this point, Moshe was recounting stories and events that happened, rather than teaching instructions. Now, the Torah is transitioning to teaching the mitzvos. The teacher wonders about the phrase "Vezos HaTorah Asher Som Moshe Lifnei Bnei Yisrael"—what exactly does it refer to? Is it referring to Torah Shebiksav, the written Torah, or Torah Shebaal Peh, the oral Torah? He points out that Rashi will later say that Moshe taught them both the written and oral Torah, but here, the focus is on the mitzvos that Moshe is about to teach. The teacher also notes that the verse says "B'tzeisam Mimitzrayim," when they went out of Egypt, which refers to the time after Matan Torah, mostly during the first year after leaving Egypt, when most of the mitzvos were given. Now, in Arvos Moav, Moshe is repeating and teaching these mitzvos again before the people enter Eretz Yisrael.

On this Rashi, the teacher explains that Rashi says, "Heym heym asher diber b'tzeisam mimitzrayim. Chazar v'shona lahem b'Arvos Moav"—these are the same testimonies, statutes, and rational laws that Moshe spoke to the Bnei Yisrael when they went out of Mitzrayim. He repeated and taught them again in Arvos Moav. The teacher elaborates that Moshe must have told them all the Torah previously, but the Torah does not record every detail. The main point is that the mitzvos were originally given after leaving Egypt, mostly during the first year, and now Moshe is repeating them in Arvos Moav before entering Eretz Yisrael. The teacher also references that during the 38 years in the desert, Hashem did not speak to Moshe in the same way, and most of the mitzvos were given at the beginning, not throughout the 40 years. Now, Moshe is reviewing and teaching them again.

This verse describes the location where Moshe spoke to the Bnei Yisrael: "On the other side of the Yarden, in the valley, opposite Beis Pe'or, in the land of Sichon, king of the Emori, who sat in Cheshbon, whom Moshe and the Bnei Yisrael struck when they went out of Mitzrayim." The teacher explains that this is on the east side of the Yarden, in the valley opposite Beis Pe'or, which was the place of the idol Pe'or. It was in the land of Sichon, king of the Emori, who lived in Cheshbon, and whom Moshe and the Bnei Yisrael defeated as they were leaving Mitzrayim—meaning, 40 years later, when they reached that point. The teacher clarifies that this is describing the location where Moshe is now teaching the mitzvos to the people.

This verse continues to describe the land: "And they took possession of his land and the land of Og, king of Bashan, the two kings of the Emori, who were on the other side of the Yarden, east of the sun." The teacher explains that they inherited the land of Sichon and also the land of Og, king of Bashan. Both were kings of the Emori, and their lands were on the other side of the Yarden, on the east, where the sun shines—meaning the east side of the Yarden. The teacher notes the phrase "Mizrach Shamesh"—the east, where the sun rises.

On this Rashi, the teacher explains that Rashi says "Asher b'Ever HaYarden"—that is, on the east, because the other side of the Yarden was on the west. The phrase "Mizrach Shamesh" means the east side of the Yarden, as opposed to the west. The teacher discusses why Rashi brings down the words "Mizrach Shamesh" and how it is a description of the side of the Yarden, clarifying that it means the east, not just any side, but specifically the side where the sun rises.

This verse gives the boundaries: "From Aroer, which is on the edge of the Arnon River, until Mount Sion, which is Hermon." The teacher explains that this is describing the boundaries of the land that was conquered and given to the tribes on the east side of the Yarden. Aroer is on the edge of the Arnon River, and the territory extends up to Mount Sion, which is Hermon.

This verse continues the boundaries: "And all the Aravah, on the other side of the Yarden, eastward, until the Sea of the Aravah, under the slopes of the Pisgah." The teacher explains that the entire Aravah, which is on the east side of the Yarden, extends until the Sea of the Aravah. The Onkelos translates "Ashdos HaPisgah" as the waterfalls or slopes of the Pisgah, which is a high place. The teacher notes that this is the same place mentioned earlier in the Torah, and the boundaries are being repeated here to clarify the territory that was conquered and given to the tribes on the east side of the Yarden.