The parsha begins with Moshe’s supplication to Hashem, entreating Him to be allowed entry into Eretz Yisrael. Moshe realized that his hopes would not be fulfilled, and he stood making his farewell speech to Bnei Yisrael. He reminded them of their past iniquities and exhorted them to remember their obligations to both Hashem and man. It seemed that Moshe’s task in this world had come to an end.
Suddenly, Moshe undertook a new mitzvah, one that would not apply until Eretz Yisrael had been conquered and divided. He separated three cities of refuge for the Ever Ha’Yarden. Why did Moshe do this before his death? Was his spiritual merit lacking such that he found it necessary to do one more mitzvah? The spiritual heritage bequeathed by Moshe to future generations is invaluable. Moshe gave us the Torah. Consequently, every mitzvah performed by Klal Yisrael is in his merit.
Chazal explain that Moshe desired to perpetuate a “permanent” mitzvah to be continued after his demise. Does this mean that establishing the cites of refuge, is Moshe’s permanent spiritual memorial for posterity? Does a single mitzvah compare to the entire Torah, Moshe’s greatest spiritual legacy? Furthermore, this mitzvah had no practical application during Moshe’s lifetime.
Horav Malkiel Tanenbaum z.l. explains that the criteria for a permanent mitzvah are not contingent upon the size of that mitzvah, but rather upon the overall benefit which succeeding generations derive from it. Thus, a mitzvah which is neglected is far more valuable than one which is in constant vogue. If someone does not embrace and publicize this overlooked mitzvah, it might be forgotten.
Indeed, studying a “neglected” mitzvah can have more significant results than studying the “popular” mitzvos. Such a mitzvah, specifically due to its lack of public acclaim, creates a greater impression upon people, so that it becomes more deeply engraved upon their minds. Thus, adopting the less prominent mitzvos causes a greater degree of kiddush Hashem, sanctification of Hashem’s Name.
This is the meaning of Moshe’s act. True, he transmitted the Torah to us, but that was one aspect of his prophetic mission. He lacked fulfillment of his own personal obligation to bring others to learning and to serve as a vehicle for enhanced mitzvah observance. He still needed to do his “own thing”. The mitzvah of arai miklat, cities of refuge, was not given to him, since it was not yet applicable. It was this “neglected” mitzvah that he aspired to embrace. It was this mitzvah which would have his personal imprimatur. How important it is for all of us to seek to improve in a specific area of mitzvah observance — or to embrace a specific mitzvah or good deed, in order to make it our own. This would serve as our legacy for the future and personal source of merit.
Horav Moshe Swift z.l. derives a profound lesson from Moshe’s final endeavor. Although this mitzvah would not attain practical application until much later, its present insignificance did not deter Moshe’s action. His duty was to do what he could and to leave the rest to history. The Mishnah in Avos 2:21 states, “It is not your duty to complete the work, neither are you free to desist from it.” To refrain from performing a mitzvah because we can not bring it to fruition is not a Torah orientation. We must do that which we can and rely upon Hashem to complete the mitzvah. To paraphrase the Chofetz Chaim, “it is not for you to achieve but to act. Achievement is the province of the Almighty.“
