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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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Up Next in this Series
Why does seeing a sotah inspire one to become a nazir? The nazir's abstention creates a pre-sin state where body and soul exist in perfect harmony. This 30-day period corrects the internal contradiction that led to his original transgression.
Why does the Midrash connect Pharaoh's expulsion of the Jews to the mitzvah of shiluach hakan? The shiur develops a chiddush that Pharaoh's sin wasn't only drowning the children, but the insensitivity of expelling the parents afterward. The deeper analysis reveals that Pharaoh may have valued the Jews greatly and wanted to control them—making his expulsion an act of tremendous cruelty, not liberation.
Why does Moshe respond to the splitting of the sea with shirah rather than praise or thanksgiving? Rashi's use of "al libo" reveals that shirah is an emotional expression—a response of love to love. When Hashem shows personal care, the only adequate response is "I love You too," not mere gratitude or praise, and this principle applies to all relationships.
Parshas Nitzavim 30:11-20
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What is the primary purpose of the cities of refuge - protecting the accidental killer or something else? The shiur argues that creating respect for law takes precedence over providing sanctuary. True deterrence comes from recognizing the gravity of murder itself, not fear of punishment.
