Vaeschanan 5775:      Looking Deeper

By Rabbi Joshua (extrapolatingly known as the Hoffer) Hoffman

Moshe Rabbeinu, before his death, designated three cities of refuge on the eastern side of the Yarden to save the inadvertent murderer from the wrath of a blood avenger. Even though these three cities would not be operative until the nation conquered the land on the western side of the Yarden as well and designated an additional six cities there, Moshe took the opportunity to participate in some way in this mitzvah. In this light, perhaps, we can understand the verse further on (Devarim 4:44) "this is the Torah that Moshe placed before the Bnei Yisrael", although as Rashi points out, the simple meaning refers to the verses that follow, Moshe was teaching the people to take advantage of every opportunity to engage even in part of a mitzvah.

The Netziv, in his Haamek Davar, offers another insight. He says that Moshe delved into the laws of the inadvertent murderer even though they were not relevant in the wilderness, in order to expand the corpus of Torah knowledge, exploring all the possibilities of scenarios arising that would require the use of cities of refuge. This, too, can be seen as connected to the general verse that this was the Torah that Moshe placed before the Jewish people. A responsible approach to the study of Torah should deal with all the halachic ramifications of a teaching. This is indeed, reportedly, the way Rav Moshe Feinstein studied a section of Talmud. When finishing a section of Talmud, he would go back and consider all of the possible halachos in disparate areas of halacha that could arise from the topic. In this way, he became the great halachic decisor on the American scene in the twentieth century.

The Netziv makes an additional point. He says that since the laws of the inadvertent murderer could not possibly apply in the wilderness, Moshe was obviously objective in considering both sides of each case. This is an essential feature in Torah study in general, and the example demonstrated by Moshe in regard to these halachos can be seen in general as part of the Torah that Moshe placed before, or taught the people.