In last shiur, we explained concerning Rosh Chodesh Shevat that pasuk says that on that day, הואיל משה באר את התורה הזאת לאמר, that Moshe Rabbeinu started explaining the Torah, saying. And there are two perushim on that pasuk. One peshat is the simple peshat, that that day Moshe Rabbeinu started telling them Mishneh Torah, Chumash Devarim, and the other peshat that בשבעים לשון פירשה להם, that Moshe Rabbeinu explained the Torah to them in 70 languages. And we said that both perushim, being that they are on the same pasuk, must have a connection. And we explained the peshat in the perush that he explained them the Torah in 70 languages, that lichorah, why did Moshe Rabbeinu have to do that? All the Yidden spoke לשון קודש, so why did he have to explain the Torah to them in 70 languages? And we explained that lichorah, since Hashem speaks לשון הקודש, and the Torah was given in לשון הקודש, so lichorah only if a person learns Torah in לשון הקודש, in Hebrew, he is mekayem the mitzvah of limud haTorah. But if it's not in the language of לשון הקודש, then this doesn't have a geder, a din of divrei Torah. And in order for Torah spoken in any language should have a din of divrei Torah, Moshe Rabbeinu explained them the Torah in all languages, and by doing that, he accomplished that the Torah that's learned in any language has a din of divrei Torah. So now we will explain the same concept applies to the second peshat in the pasuk, that Moshe Rabbeinu started telling them Mishneh Torah, Chumash Devarim.

Because concerning Chumash Devarim, the Chazal say in Megillah דף ל״א עמוד ב׳, that קללות שבמשנה תורה משה מפי עצמו אמרם. That the kelalot, the tochachah of Mishneh Torah, which is in Parshat Ki Tavo, Moshe Rabbeinu said it on his own, not like the kelalot which is in Parshat Bechukotai, that משה מפי הגבורה אמרם, that that Moshe said it from Hashem, but the ones in Parshat Ki Tavo Moshe said on his own. And the mefarshim explain, taking from the Zohar חלק ג׳ דף רס״א עמוד א׳ and the Shach al HaTorah and the Or HaChaim in the beginning of Devarim, etc., etc., that what the Gemara there says does not refer davka to the kelalot of Mishneh Torah, but this refers to the whole Sefer Mishneh Torah, it's the whole Chumash Devarim. That the whole Chumash Devarim Moshe Rabbeinu said מפי עצמו, on his own. But lichorah the mefarshim ask, the Abarbanel and many other mefarshim, that what is the peshat that Moshe Rabbeinu said Chumash Devarim on his own? Isn't the din, as the Rambam פסק in הלכות תשובה פרק ג׳ הלכה ח׳, taking from the Gemara Sanhedrin דף צ״ט עמוד ב׳, that if a person says that אין התורה מעם השם, that the Torah is not from Hashem, and he says it אפילו תיבה אחת, even concerning one word, if he says that משה אמרו מפי עצמו, that Moshe said it on his own, הרי זה כופר בתורה, that he's denying in the etzem of the Torah. And as the Rambam says in הלכות תפילה פרק י״ג הלכה ו׳ concerning the eight pesukim, the last eight pesukim of חומש דברים, שהכל תורה היא ומשה מפי הגבורה אמרה, that everything is Torah and Moshe said it from Hashem. So how could here the Gemara say that the whole of חומש דברים משה מפי עצמו אמרם, משה said it on his own? So the mefarshim explain, based on what Tosafot says there, משה מפי עצמו אמרם וברוח הקודש, that he said it on his own, but it was said with ruach hakodesh. Which means that even though we say it was מפי עצמו, on his own, but it doesn't really mean on his own. It means that he said it on his own with ruach hakodesh. And as it's explained in many sefarim that the peshat is like this: all the other four chalakim of the תורה, השם said it to Moshe and Moshe wrote it down. So they went through Moshe, Hashem gave it to us through Moshe, but it didn't go through a hitlabshut we call it, it wasn't dressed into the sechel of Moshe. It just went through Moshe. The lashon is it went through בדרך מעבר, it passed through Moshe. Hashem said it to Moshe and Moshe wrote it down, but it didn't go through the sechel of Moshe. Chumash Devarim went through the sechel of Moshe, which means Hashem said it to Moshe, Moshe understood it, and then Moshe Rabbeinu wrote it down. So לפועל he wrote down the same words Hashem told him, but he wrote it down after he understood it with his sechel. While by the first four sefarim, Moshe wrote it down without going through his sechel to say that he understood it and after he understood it he wrote down what he understood. He just wrote down what he was told. While by Chumash Devarim, he wrote down what he understood, which really means it came from Hashem, uveruach hakodesh, but it also is called מפי עצמו because it went through Moshe Rabbeinu's sechel. He understood what Hashem told him and that's what he wrote down.

But the question is, if that is so, why was Chumash Devarim put into the category of the חמישה חומשי תורה, into category of Torah? We know that נביאים וכתובים, the prophets were also written with ruach hakodesh of the נביאים, just a different level of ruach hakodesh than the level of Moshe Rabbeinu. But it's still ruach hakodesh. But being that it's a different level of ruach hakodesh, it is not part of Chumash. It is not part of Torah, it is נביאים וכתובים. In the general concept it is Torah, we don't mean chas veshalom that it's not Torah, but when we're saying Torah here we mean the five chumashim. This is not part of the five chumashim. Why? Because it was not the same level as the first five chumashim. But the way we're explaining now, based on the Gemara in Megillah, that even the Chumash Devarim was also מפי עצמו, Moshe said it on his own meaning it went through the sechel of Moshe, so it was not the same level as the first four chumashim, so then why is this in the same category as Torah? Why isn't Chumash Devarim in the category of נביאים or כתובים? But why is it in the category of Torah? But the answer is, we know what the Gemara says in תענית דף ט עמוד א, מי איכא מידי דכתיבי בכתובי דלא רמיזי באורייתא? Is there anything that's written in the כתובים that is not hinted in the Torah? And Rashi explains it means, ולא רמזה משה באורייתא, that Moshe shouldn't hint it in the Torah? And Rashi adds, שהחומש הוא יסוד נביאים וכתובים. The Chumash is the foundation of the נביאים וכתובים. ובכולם יש סמך למצא מן התורה. And in all of them, we find a סמך that we can find in the Torah. Which means that Rashi is telling us that the Chumash is the יסוד of the נביאים וכתובים. Which means like this, that just like we're saying that every concept that we find in נביאים וכתובים has a יסוד, has a foundation in Torah, meaning in the Chumash, so too concerning the concept of it being Torah, the fact that the נביאים וכתובים is Torah is also based on the Chumash. Meaning like this, the ענינים which are written in the נביאים and the כתובים, which came through נבואה and Ruach HaKodesh, and not only in the category of דברי נביא, there were many words of the נביאים which are not put into the נביאים וכתובים. They had a din of דברי נבואה, but they did not have a din of דברי תורה. Those words of the נביאים which are written in the נביאים וכתובים are not only words of a נביא, but they are also דברי תורה. The other things which were not written in the נביאים וכתובים have the kedushah and they have all the categories of דברי נביא, which is holy and it's words of Hashem etcetera etcetera, but it's not דברי תורה. The words which are written in the נביאים וכתובים are דברי תורה. So therefore, you have to keep them not only because of the mitzvah that you have to listen to the נביא, but you have to keep them because there's a din in Torah that you have to keep דברי קבלה. The words of נביאים וכתובים are in a special category called דברי קבלה. And not to confuse it with the concept of קבלה, which we know which are the סודות התורה, the hidden parts of the Torah, we're talking here about the halachah'dike term. The words of the נביאים וכתובים are called דברי קבלה. And we have to listen to what it says in תנ״ך because there's a din that we have to listen to דברי קבלה. It is not the same chumra, the same strictness as divrei Torah, but nevertheless there's a chiyuv to listen to דברי קבלה, stronger, even more than we have to listen to דברי סופרים, to the rabbanan, we have to listen to דברי קבלה. So we don't only have to listen to the words of נביאים וכתובים because they are דברי נביא, they are words of the נביאים, and there's a din that you must listen to a נביא, but this has a separate category. In addition to דברי נביא, it is also divrei Torah in the level of דברי קבלה. Now, what brought within the words of the נביאים the concept of being divrei Torah? The fact that חומש דברים is similar to the words of the נביאים, and nevertheless this is part of Chumash, part of Torah. Because as we said before, Rashi says that the Chumash is the יסוד for the נביאים וכתובים, so it doesn't only mean the יסוד to the תוכן, the words, the concepts which are written in נביאים וכתובים, so they're all taken from Chumash, but the עצם thing that נביאים וכתובים have a din of divrei Torah is taken from Chumash. And that is through the fact that חומש דברים, משה מפי עצמו אמרו, משה said it on his own, meaning that he said it not in the same level of ruach hakodesh as the first four ספרים, even though it is מפי הגבורה from Hashem, as we explained before, but still it's not the same level as the first four, and still this is part of Torah, part of Chumash. This is the foundation that even the words of a נביא, which are not in the same level of רוח הקודש as Chumash, are also part of Torah. So now we see the similarity between this pshat and the other pshat. As said before on this פסוק where it says that הואיל משה באר את התורה הזאת לאמר, that Moshe started explaining the Torah, and we said there are two pshatim, one pshat is that he explained the Torah to them in 70 languages. The other pshat is that he started telling them Chumash Devarim. And we said that since there are two pshatim on the same פסוק, there must be a connection between the two. Now we see the connection, because the pshat that he explained to them the Torah in 70 languages was in order to accomplish that when you learn Torah in another language, it should have a גדר, a דין of דברי תורה. The same is concerning the other pshat, that when Moshe told them Chumash Devarim, this accomplished the same thing. This accomplished that the words of a נביא have a דין of דברי תורה. Because if not for that, we would say that the words of a נביא, which are written in נביאים וכתובים, have a דין of דברי נביא, but they don't have a דין of דברי תורה. But now that Moshe Rabbeinu said Chumash Devarim, which is similar to the category of נבואה, and nevertheless this is part of Torah, so this was the accomplishment that all the words of the נביאים, which are written in נביאים וכתובים, are also part of דברי תורה.

All this will explain something else. It says in the Zohar, חלק ג' דף רס\"א עמוד א', that Mishneh Torah, חומש דברים, is called Torah Sheba'al Peh, it is called oral Torah. And it says there that this is the source of Torah Sheba'al Peh. As it says in Magaleh Amukos, אופן רמ\"ו, that the inyan of Mishneh Torah is על יסוד תורה שבעל פה שקבלו ישראל בסוף מ' שנה בכניסתן לארץ, and this is the concept of Torah Sheba'al Peh that the Yidden received at the end of the 40 years when they entered Eretz Yisrael. And this is the remez that there were 40 generations from Moshe Rabbeinu till Rebbe who wrote down the Mishnayos, who wrote down Torah Sheba'al Peh, which really means this is 40 generations from Moshe to Rav Ashi who wrote the Gemara, as the Rambam says in הקדמה to his sefer. But what's the cheshbon of 40? Just like the Yidden waited 40 years to receive the Torah Sheba'al Peh, because Torah Sheba'al Peh was given to them at the end of the 40th year, because as we said, Chumash Devarim, which was given to them at the end of the 40th year, is the inyan of Torah Sheba'al Peh, so too, in order to have the whole Torah Sheba'al Peh written, it took 40 generations. But in any event, we see here that Chumash Devarim is referred to as Torah Sheba'al Peh, and it says the source of Torah Sheba'al Peh. Why is it called Torah Sheba'al Peh? And how is it the source of Torah Sheba'al Peh? So as we said before, that the difference between Chumash Devarim and the other four chumashim was they were all given by Hashem, but the other four chumashim did not go through the התלבשות, so to speak, the being put into the שכל of Moshe Rabbeinu. Moshe Rabbeinu wrote it down not because he understood it, but he just wrote down the words Hashem told him. But Chumash Devarim went through the understanding of Moshe Rabbeinu. It entered Moshe Rabbeinu's שכל, Moshe Rabbeinu understood it, and he wrote down what he understood. Now in truth, he wrote down the same words that he was given by Hashem, but when he wrote it down, it came after it was מתאחד, united with his seichel, so he wrote down what he and his seichel and his understanding understood. That's why we call it that משה מפי עצמו אמרן. This is similar to the concept of Torah shebe'al peh. Because concerning Torah shebe'al peh, the oral Torah, we find two opposites. On one hand, who reveals Torah shebe'al peh? Who brings out the halachot of Torah shebe'al peh? The Bnei Yisrael, the people, the Yidden, except those things which were actually given halachah leMoshe miSinai, where it says clearly that this was given to Moshe Rabbeinu to give over to the Yidden. But most things were not halachah leMoshe miSinai. So the Yidden, the chachamim, by using the kelalim, the rules that were given to them from Moshe Rabbeinu מסיני, so they use the rules on their own, and with their own seichel, they apply the rules given to them, and they come out with the halachah. So it seems that who is the one that reveals what the Torah shebe'al peh is, what the halachah is? The seichel of the chachamim. On the other hand, what do they use their seichel for? To be megaleh, to reveal what is the will of Hashem, what are the words of Hashem. So it comes out that the halachah depends not on the understanding of the person, but depends on what Hashem wants, because Torah is chokhmato shel HaKadosh Baruch Hu, and the mitzvot are the retzono shel HaKadosh Baruch Hu, the will of Hashem. But Hashem gave over to the chachamim the tools, the ways to reveal what Hashem wants and what his chokhmah is. So it comes out that on one hand, it is the words of Hashem, nothing else. When you come to a פסק דין based on the kelalim given by Hashem, and you come up to a maskana, to a decision, a פסק דין, to a ruling and a psak din, that is the revelation of the will of Hashem. But at the same time, it went through the התלבשות, it was put into the seichel of the chachamim. Now, such a thing should be able to happen, that you should use your own seichel, and your own seichel should be the keli that should reveal the chochmah and the ratzon of Hashem, there has to be something in the words of Moshe Rabbeinu that should be the foundation to such a concept. Like we said before, everything has to go through Moshe Rabbeinu because he was the one that passed over the Torah from Hashem to us. Everything has to go through him. And that is the ענין of Mishneh Torah of Chumash Devarim that Moshe Rabbeinu started telling the Yidden on Rosh Chodesh Shevat, that it was the words of Hashem that went through the seichel of Moshe, and still this is part of Chumash, part of Torah. That's the yesod, the foundation to this concept that the ratzon of Hashem and the chochmah of Hashem should be able to go through the seichel of the chacham. And this is the connection between these two things that happened on Rosh Chodesh Shevat, that Moshe Rabbeinu started telling them Chumash Devarim, and Moshe Rabbeinu started explaining them the Torah in all 70 languages. Because by Moshe Rabbeinu telling them Chumash Devarim he accomplished first of all that from then on all the words of the Nevi'im u'Ketuvim should have a din of divrei Torah, just like Chumash Devarim is part of Chumash is Torah, so their words too should be Torah, not only דברי נביא, but should also be divrei Torah. He also accomplished that a Yid through his own seichel is able to reveal the chochmah of Hashem, which means that the chochmah of Hashem should be able to pass through the התלבשות of the seichel of a human being, just like the words of Hashem passed through the seichel of Moshe Rabbeinu. And he also accomplished that from then on whenever a Yid learns Torah in any language, it should also have the kedushah of Torah, it should have a din of דברי