This week’s Parasha ends with a short review of the biblical holidays. However, there are five biblical holidays, and only three are discussed here; Rosh Hashana and Yom Kippur are not mentioned at all. Additionally, Sh’mini Atzeres is not included with Succos (putting aside whether it is considered a holiday in its own right, which would mean that only three of six biblical holidays are re-taught here rather than three of five). Why did Moshe only include some holidays in his farewell lectures, not all of them?
Ramban (D’varim 16:1) points out that the nation already knew about the holidays, as they had been taught about them several times. This touches upon a larger issue; why Moshe repeated some laws in his farewell lectures, why he didn’t repeat others, and why the details of those he did repeat are sometimes presented differently (see Ramban on 1:1). Here, Ramban posits that teaching about the holidays stemmed from the earlier instructions to bring Ma’aser Sheini (14:28) and first-born animals (15:19) to “the place that G-d chooses,” with Moshe adding that there are three times a year when all adult males must make this pilgrimage. Since there are only three holidays with this requirement (see 16:16), only these three are mentioned. Rabbi Yitzchak Etshalom (http://www.torah.org/advanced/mikra/5772/reeh.html) suggests that these holidays were taught here because of the requirement to “rejoice with our brothers” (see 16:11 and 16:14), which stems from the recently mentioned theme of “you are sons to Hashem your G-d” (14:1), making us all “brothers.” (I’m not sure why the requirement to include those less fortunate wouldn’t apply to Sh’mini Atzeres too, or why, since it likely is, it was left out here. It is also peculiar that we read these verses on Sh’mini Atzeres even though that holiday isn’t even referenced.) Rabbi Moshe Shamah understands the laws taught after Moshe repeated the “Ten Commandments” as being a subset of them, with each set of laws corresponding (in order, mostly) to a specific commandment. The holidays mentioned here, he says, correspond to the fifth commandment, keeping the Sabbath, hence the prominence of the number seven. Although he isn’t directly addressing the issue I raised (neither are the others I quoted above), if the reason Moshe referenced the holidays here was because of their congruence with Shabbos, we can easily understand why only those holidays that have the number seven in their makeup (lasting seven days or coming after seven weeks) were mentioned. Although these may be valid connections to what was taught shortly before them, I think there’s a larger picture that can be painted to help explain why only certain holidays were restated.
Parashas R’ay begins by telling us that there are “blessings” and “curses” for either keeping or not keeping G-d’s commandments (11:26-32). This mini-section ends with a subtle change from fulfilling G-d’s “commandments” (11:27-28) to following “His statutes and laws.” Whereas “commandments” (“mitzvos”) seem to refer to things that signify our allegiance to G-d (by doing what He commanded us and relating to our loyalty to Him), “statutes” (“chukim”) seem to refer to edicts that we would likely not have thought of enacting on our own — whose objective value are not readily apparent, while “laws” (“mishpatim”) refer to regulations that make obvious sense to us, which we would likely have instituted on our own in order to maintain a properly functioning society. As a result of our allegiance to G-d, we must fulfill not only those “commandments” that signify this allegiance, but His “statutes and laws” as well. What does Moshe say are the “statutes and laws that [we] must be careful to keep in the land” (12:1)? Destroying each and every site where the nations who lived in Canaan worshiped their deities (12:2). In contrast to pagan worship occurring in multiple places, we are to limit our worship of G-d to one central location, “the place where Hashem your G-d chooses” (12:5). Although this is an important concept, one which Moshe returns to again and again, there are many “statutes and laws”; why does Moshe single out having one religious center as the epitome of a “statute and law”?
At first glance, this requirement should have been categorized under “commandments relating to our allegiance to G-d,” not “statutes and laws.” However, limiting our worship of Him to one location is counter-intuitive to maintaining a strong allegiance, as one must now travel to a specific location — one that may be very far away — in order to bring an offering to Him, rather than strengthening that allegiance any time and anywhere one is moved to do so. Mandating centralized worship therefore qualifies as a “statute,” a rule put in place that is ultimately more conducive to accomplishing what needs to be accomplished even if it seems to work against it. Allowing multiple places of worship opens the door for varying modes of worship, rather than maintaining the specific types of worship mandated by G-d. It also makes it much easier for the worship to be directed to deities other than the One True G-d. By the same token, true justice is not subjective, and the civil laws, which promote a healthy society, can not vary from location to location. Therefore, establishing a central civil authority, the Sanhedrin (Jewish Supreme Court), located next to the central place of worship (see Rashi on Sh’mos 21:1), as opposed to having independent civil authorities spread throughout the land, also qualifies as a “mishpat.” [Civil courts were spread throughout the land, but they didn’t have the authority to institute a new law; they could only apply already existing law. If there was any doubt as to how to apply the law, the case was sent to the next (higher) court, until either the known law was relayed, or it was decided by the Sanhedrin (see Rambam, Hilchos Mamrim 1:4, see also his wording in 1:1, calling their decisions “chok u’mishpat”).]
From this point forward in Sefer D’varim, Moshe’s focus is on “statutes” and “laws,” thereby necessitating the establishment of a religious center, which includes limiting the offerings brought to G-d to “the place that He chooses” (12:5-14). Although not every “statute or law” has a direct connection to having a centralized religious authority, many do (such as where to bring certain tithes, see 14:22-23), and the need for having one applies to all of them. It is within a context of emphasizing having a single religious center that Moshe repeated the obligation to visit it three times a year. And since the obligation to do so only applies to Pesach, Shavuos and Succos, only these three holidays are mentioned.
From a larger perspective, the purpose of the lectures Moshe gave at Arvos Moav before his death was to renew the covenant between G-d and the Children of Israel (see D’varim 29:11-14). This included the historical overview which included a restatement of the “Ten Commandments” (5:6-18), repeating the consequences of straying from the obligations of the covenant (28:15-69), and setting up the “blessings” and “curses” to be recited after the nation crosses the Jordan (27:1-26; notice how the “statutes and laws“ are book-ended by the “blessings and curses,” indicating that they are how we fulfill our end of the covenant). When the covenant was first established, visiting the religious center thrice yearly was prominently included (Sh’mos 23:14-17). When the covenant was re-established after the sin of the golden calf, these thrice-yearly visits were included once again (Sh’mos 34:18-23). There too, only the holidays of Pesach, Shavuos and Succos were mentioned. Although the other holidays had not yet been taught (so could not be included), only these three holidays were part of establishing the covenant (likely because they were the ones that included visiting G-d’s chosen place of worship). Therefore, when Moshe re-established the covenant with the nation almost 40 years later, only these three holidays were mentioned.