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Why does the Rambam (רמב"ם) place the laws of free choice within Hilchos Teshuvah rather than Yesodei HaTorah? The shiur distinguishes between original bechirah (free will in creation) and post-sin bechirah - Hashem (ה׳)'s gift allowing us to unilaterally reconnect and transform from mortal to immortal through choosing life and connection to Him.
This profound shiur explores fundamental questions about the relationship between free choice (bechirah), repentance (teshuvah), and Torah (תורה) study, beginning with apparent contradictions in both the Ramban (רמב"ן)'s commentary on Parshas Nitzavim and the Rambam (רמב"ם)'s Hilchos Teshuvah. Rabbi Zweig addresses why the Ramban interprets the verses about "lo bashamayim hi" as referring to teshuvah while Chazal clearly understand them as referring to Torah, and why the Rambam places the laws of bechirah within Hilchos Teshuvah rather than in Yesodei HaTorah where they would seem to belong. The shiur develops a fundamental distinction between two types of bechirah. The original bechirah was Adam's free will before the sin - his ability to choose between good and evil while immortal. This is the bechirah that belongs in Yesodei HaTorah as a foundation of creation. However, after Adam sinned and became mortal, humanity faced a new challenge: the psychological reality of mortality creates self-destructive tendencies that make proper choice nearly impossible. As the Gemara (גמרא) in Kiddushin states, "yitzro shel adam misgaber alav b'chol yom" - man's evil inclination overpowers him daily, and without Hashem (ה׳)'s help, he cannot overcome it.
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Parshas Nitzavim 30:11-20
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