Rabbi Aaron Finkelstein – https://www.asbi.org/leadership.html

Devorim 1:9:

וָאֹמַ֣ר אֲלֵכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר לֹא־אוּכַ֥ל לְבַדִּ֖י שְׂאֵ֥ת אֶתְכֶֽם׃

Thereupon I said to you, “I cannot bear the burden of you by myself.”

Devorim 1:12

אֵיכָ֥ה אֶשָּׂ֖א לְבַדִּ֑י טׇרְחֲכֶ֥ם וּמַֽשַּׂאֲכֶ֖ם וְרִֽיבְכֶֽם׃

How can I carry alone your troublesomeness, your burdensomeness, and your contentiousness?

Got a late start walking to Anshe Sholom and Chabad.  I left my house at 8:45 AM. Serka walked me for two miles.  Got to Anshe Sholom at 10:45 AM.  Listened to the new Rabbi’s Shabobs Drasha.  He is Rabbi Aaron Finkelstein.  Speech was good, although it is two days later as I am writing this and I do not recall the content of his speech.  I just looked at the sermon to remember it.    Devarim-TheBreakdownandRebuildingofCommunity5783-GoogleDocs.pdf (shulcloud.com)

Walked over to Chabad and got there as they were finishing leining.  Kiddush was good.  Eli came for the Kiddush.  The Shiur started at 1:15 PM. There was a big crowd.   Paul, Batya, Herb, Ray, Marcel, Tamar, Avigail, Henry, Aaron, Jeff, Mial, and others. Shiur was over at 3:45 PM.  I walked past Wrigley Field and the Cubs were playing the St. Louis Cardinals.  I did watch a half an inning on their big screen.   During the walk home it rained and I had to stop under a canopy for 30 minutes.

I really did not have a good Torah thought, but I asked questions.  On Tuesday, July 24, 2023 I worked on the Torah and think I have the answer.

I would like to divide the first 21 verses into three separate groupings:  

Grouping 1 – The introduction to Devorim

Verses 1 and 2   Gives Moshe’s first purpose in speaking  and that is to rebuke children of Israel

Verse 3    When? On the 1st day of Teves, 36 days before Moshe’s death

Verse 4    Happened after war with Sichon and Og

Verse 5    Second purpose of speaking at this time, which was to explain the Torah, 

                especially the laws that will be important entering the land of Israel.

Grouping 2 – Verses 6 -11 and Verses 19 – 21

Moshe picks up the story from Behaaloscha in Bamidbar when God told the Jews that we are going to Israel.  This happened 38 years earlier.  Moshe is rebuking the Jewish people.

Grouping 3 – Verses 12 – 18

Moshe rebukes them for events one year earlier when Yisro came to Moshe.

Verse 19 -21 – Returns to Grouping 2

Verse 22 continues the storyline and is about the spies.

Explanation:

Grouping 2

Verses 6 – 8 sets up the time period and it corresponds to Bamidbar Verse 10:11.After being at Har Sinai, Hashem tells the people that it is time to go into Israel.

Verse 6       יְהֹוָ֧ה אֱלֹהֵ֛ינוּ דִּבֶּ֥ר אֵלֵ֖ינוּ בְּחֹרֵ֣ב לֵאמֹ֑ר רַב־לָכֶ֥ם שֶׁ֖בֶת בָּהָ֥ר הַזֶּֽה  

Verse 7        פְּנ֣וּ ׀ וּסְע֣וּ לָכֶ֗ם וּבֹ֨אוּ הַ֥ר הָֽאֱמֹרִי֮ וְאֶל־כׇּל־שְׁכֵנָיו֒ בָּעֲרָבָ֥ה בָהָ֛ר וּבַשְּׁפֵלָ֥ה וּבַנֶּ֖גֶב וּבְח֣וֹף הַיָּ֑ם אֶ֤רֶץ הַֽכְּנַעֲנִי֙ וְהַלְּבָנ֔וֹן עַד־הַנָּהָ֥ר הַגָּדֹ֖ל נְהַר־פְּרָֽת׃

Verse 8     רְאֵ֛ה נָתַ֥תִּי לִפְנֵיכֶ֖ם אֶת־הָאָ֑רֶץ בֹּ֚אוּ וּרְשׁ֣וּ אֶת־הָאָ֔רֶץ אֲשֶׁ֣ר נִשְׁבַּ֣ע יְ֠הֹוָ֠ה לַאֲבֹ֨תֵיכֶ֜ם לְאַבְרָהָ֨ם לְיִצְחָ֤ק וּֽלְיַעֲקֹב֙ לָתֵ֣ת לָהֶ֔ם וּלְזַרְעָ֖ם אַחֲרֵיהֶֽם׃

Verse Nine starts the rebuke.

וָאֹמַ֣ר אֲלֵכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר לֹא־אוּכַ֥ל לְבַדִּ֖י שְׂאֵ֥ת אֶתְכֶֽם׃

Thereupon I said to you, “I cannot bear the burden of you by myself.”

When did Moshe say this?  In Bamidbar 11:14 by the incident to the  מִתְאֹ֣נְנִ֔ים – complaining that we have no meat.   Moshe said – לֹֽא־אוּכַ֤ל אָנֹכִי֙ לְבַדִּ֔י לָשֵׂ֖את אֶת־כׇּל־הָעָ֣ם הַזֶּ֑ה כִּ֥י כָבֵ֖ד מִמֶּֽנִּי׃.  This Pasuk took place in the second year after leaving Egypt, right as they were leaving Har Sinai.  Here Moshe was very upset when he said this Pasuk.  

Devorim continues and Moshe says in verses 10 and 11 despite your inappropriate complaints we still have a future, we will go to Israel and we will become a great nation.

יְהֹוָ֥ה אֱלֹהֵיכֶ֖ם הִרְבָּ֣ה אֶתְכֶ֑ם וְהִנְּכֶ֣ם הַיּ֔וֹם כְּכוֹכְבֵ֥י הַשָּׁמַ֖יִם לָרֹֽב׃

Your God יהוה has multiplied you until you are today as numerous as the stars in the sky.—

יְהֹוָ֞ה אֱלֹהֵ֣י אֲבֽוֹתֵכֶ֗ם יֹסֵ֧ף עֲלֵיכֶ֛ם כָּכֶ֖ם אֶ֣לֶף פְּעָמִ֑ים וִיבָרֵ֣ךְ אֶתְכֶ֔ם כַּאֲשֶׁ֖ר דִּבֶּ֥ר לָכֶֽם׃

At this point in Moshe’ narration, it is still before the sending of the spies which changed everything.

Dvorim Verses 12-13-14 diverge and bring an earlier similar response of Moshe to the Jewish people.  Moshe references a year earlier when Yisro came and Moshe was judging the people morning to night.  Yisro said you must have a court system.  Two important questions.  A)  Here Moshe does not say that all this was Yisro’s advice.  B) Moshe introduces this time period in Verse 12 –  אֵיכָ֥ה אֶשָּׂ֖א לְבַדִּ֑י טׇרְחֲכֶ֥ם וּמַֽשַּׂאֲכֶ֖ם וְרִֽיבְכֶֽם׃ .  Moshe did not say the Jews were the problem  back in parshas Yisro?

Rashi explains this Pasuk differently than what we would think and we do not see this dialogue happening.  Therefore you must say that this dialogue did take place at that time, a year earlier.  Yisro said you need a court system.  Moshe goes to Hashem and says I am okay with no court system to which God replied, Yisro is correct, appoint judges and develop a judicial system.

What about the Pasuk where he calls them troublesome people.  Perhaps looking back, Moshe now realizes that the people caused the need for an expanded court system because they were troublesome, Apikorsim – undermined me, and were quarrelsome.   Additionally, Moshe is rebuking them that they  had ulterior motives in agreeing to the court system and nothing to do with proper justice..  .  

Rashi famously says that they were troublesome and would never admit defeat in a court case even if they were wrong, they were Apokosim – they talked evil against Moshe and tried to undermine him.  

In Verses 13 through 18 Moshe recaps the setting up of a judicial system.  Rabbi Aaron Hoch added that perhaps this is one of the necessary items for the Jews being in Israel, a functioning and impeccable court system, so this is why these Pesukim are received here.

Verse 13 propses a solution, הָב֣וּ לָ֠כֶ֠ם אֲנָשִׁ֨ים חֲכָמִ֧ים וּנְבֹנִ֛ים וִידֻעִ֖ים לְשִׁבְטֵיכֶ֑ם וַאֲשִׂימֵ֖ם בְּרָאשֵׁיכֶֽם׃

Verse 14 says that the people were happy with with Moshe’s solution וַֽתַּעֲנ֖וּ אֹתִ֑י וַתֹּ֣אמְר֔וּ טֽוֹב־הַדָּבָ֥ר אֲשֶׁר־דִּבַּ֖רְתָּ לַעֲשֽׂוֹת׃

Verse 15 says that Moshe executed the plan – וָאֶקַּ֞ח אֶת־רָאשֵׁ֣י שִׁבְטֵיכֶ֗ם אֲנָשִׁ֤ים חֲכָמִים֙ וִֽידֻעִ֔ים וָאֶתֵּ֥ן אוֹתָ֛ם רָאשִׁ֖ים עֲלֵיכֶ֑ם שָׂרֵ֨י אֲלָפִ֜ים וְשָׂרֵ֣י מֵא֗וֹת וְשָׂרֵ֤י חֲמִשִּׁים֙ וְשָׂרֵ֣י עֲשָׂרֹ֔ת וְשֹׁטְרִ֖ים לְשִׁבְטֵיכֶֽם׃

Rashi on verse 15 says that Moshe used persuasion to have them accept leadership positions.

אקח את ראשי שבטיכם. מְשַׁכְתִּים – אַשְׁרֵיכֶם, עַל מִי בָּאתֶם לְהִתְמַנּוֹת? עַל בְּנֵי אַבְרָהָם יִצְחָק וְיַעֲקֹב, עַל בְּנֵי אָדָם שֶׁנִּקְרְאוּ אַחִים וְרֵעִים, חֵלֶק וְנַחֲלָה, וְכָל לְשׁוֹן חִבָּה (שם):

Fascinating that in Verse 12 Moshe severely criticized them, calling them troublesome, burdensome and quarrelsome.  Rashi says that this means they were litigious, Apikorsim, and quarrelsome. Yet in Verse 15 Rashi says you are fortunate.  Huh!  You can answer that yes there are problems with them but they are the sons of great people who were called brothers and friends “to God:” a portion and an inheritance of God.  I think that you have to add in Rashi either A) therefore it is worthwhile just to please the Avos or 2) that the Jewish people  because of the Avos have great potential.  With proper leadership, things can change.

Verses 19 – 21 picks up the original narrative timeline of Moshe and in Verse 22 Moshe brings up the sin of the spies.

Questions:

Why does Moshe in the middle of his timeline from the second year from Bamidbar interrupt with an incident a year earlier and at that time there is no criticism of the Jeiwsh people?  Additionally, why doesn’t he give credit to Yisro.

Answer:

I believe that Moshe is saying to the people, don’t think that only recently you were difficult, it goes back to when you had just left Egypt and we were on a high, even at that time you were difficult.  Because you were litigious, I had to set up an extensive court system.  You also worked to undermine my authority by being Apikorsim.  I should not have had to do this.  I assume that Moshe did not criticize them because they were on a high and through the giving of the 10 commandments and going into Israel they would change.  Once the people proved to constantly complain, he saw that this is a problem and a major one. 

As to why Yisro is not mentioned, the Ramban deals with this question.

Now Moses did not mention Jethro’s advice here, nor did he attribute to him anything that Jethro proposed. It appears to me that Moses did not want to mention it [the fact that he was following his father-in-law’s advice] in the presence of all Israel because of his humility, *For people would think that, were it not for Jethro’s counsel, Moses would not have needed any assistance from the other judges. But would he have brought in Jethro’s name into this affair it might have appeared that Moses himself never thought that he would need assistance of other people. Moses humility is thus made apparent when he states his own inability to cope with all the problems of the people (Keseph Mezukak). See further in my Hebrew commentary p. 349. or it may be that it would not be to his honor to mention to that generation that he had married a Cushite woman. *Numbers 12:1. — Since in the case of Zimri the son of Salu they chided Moses about the Cushite woman [that he had married before the Torah was given — see Rashi, Numbers 25:6], he therefore avoided referring to it in order to prevent them from stumbling into evil speech (see my Hebrew commentary, p. 533). It is also possible that the reason [for not mentioning Jethro’s name] was because he had consulted the Divine Glory and this matter was done at the command of the Almighty. *Mechilta, Yithro 2: “And Moses hearkened to the voice of his father-in-law and did all that ‘amar’ (he, [i.e. G-d] had said” Exodus 18:24). The Mechilta thus explains the word amar as referring to G-d, and not to Jethro.

Maskil L’Dovid

The Maskil L’Doivd may disagree with my whole explanation.

איכה אשא וכו׳. ק״ל דהא כבר כתיב לעיל לא אוכל לבדי וכו׳ ומה בא כאן להוסיף. ומשני דכאן בא לפרש לאמר שאמר לעיל