HOW THE LAST EIGHT VERSES OF THE TORAH WERE WRITTEN
On what day of the week did Moshe die?
Tosfos: Rav Sar Shalom Gaon said that the custom to say Tziduk ha'Din (Tzidkasecha Tzedek l'Olam...) at Minchah on Shabbos is because Moshe died then. We do not engage in Torah then, for if a Chacham died, all Batei Midrash in the city are idle. This is difficult. It says "Ben Me'ah v'Esrim Shanah Anochi ha'Yom"; we expound that his years finished that day. If he died on Shabbos, we must say that he wrote on Erev Shabbos, for the future. R. Shimon said that we cannot say so! Also Seder Olam implies that Adar 7, when Moshe died, was Erev Shabbos. It was taught that after Pesach, on [Nisan] 22, all the soldiers surrounded Yericho once. R. Yosi says, the seventh day was Shabbos. Since Nisan 28 was Shabbos, this implies that Adar 7 was Erev Shabbos. (NOTE: This assumes that Adar had 29 days. If it had 30 days, Adar 7 was Thursday. - PF)
Rosh (Pesachim 10:13): Devarim Rabah Vayelech says that Moshe wrote 13 Sifrei Torah on his last day. Hagahas Chasam Sofer - perhaps he wrote with his left hand, like we say in Shabbos (103a)! (NOTE: Perhaps he completed 13 Sifrei Torah that day. If one writes a letter every second, he completes a Sefer Torah in over eight hours. If he wrote miraculously quickly, does the Petur of kil'Acher Yad apply?! - PF) Seder Olam is like R. Yosi, who obligates doing so due to Roshem. Daf Al ha'Daf - if it is not considered a Melachah with the left hand, how is the Sefer Kosher?
Daf Al ha'Daf citing Ben Yehoyada (Bava Basra 15a): Moshe died on Shabbos. He was allowed to write in tears, for the writing does not last. Only afterwards, Chachamim forbade writing that does not last. After Shabbos, Yehoshua wrote in ink over the letters written in tears. "Simah Dim'asi v'Nodecha ha'Lo b'Sifrasecha" - do not say that tears are not important. The end of Your Sefer Torah was written in tears! Even though it says "v'Lo Nas Lecho", it says also "v'Lo Chahasah Eino" - his eye did not weaken amidst the river of tears that he shed.
Daf Al ha'Daf citing Merafsin Igra (v'Zos ha'Berachah): In Sotah (13b) it says that Moshe ascended 12 steps in one step. One may not take a big step on Shabbos! Taima d'Kra answered, it is permitted for a Mitzvah (OC 301:1). Hash-m commanded him to ascend! Alternatively, Moshe was 10 Amos tall; it was not a big step for him. (NOTE: A regular person should not take a step more than an Amah (ibid.), a third of his height. Almost all steps in the Beis ha'Mikdash were half an Amah tall (Midos 2:3). If also these steps were so, their total height was six Amos, over half Moshe's height! Normally, big steps weaken sight (Berachos 43b). "V'Lo Chahasah Eino" teaches that this did not happen to Moshe. - PF)
What is difficult if Moshe wrote "va'Yamas Sham Moshe"? The Torah writes for the future, e.g. "u'Vnei Yisrael Achlu Es ha'Man Arba'im Shanah"!
Daf Al ha'Daf citing ha'Grid Soloveitchik, in Yeshhurun (9 p.153): Writing for the future is fine, but to write "and Moshe died", and he was alive, is difficult. The Rambam (Hilchos Tefilah 13:6) says that the last eight verses of the Torah are different, for they are after Moshe's death. The Griz (citing his father) said that since it says "va'Yamas Sham Moshe", they became Torah only after he died.
Had Moshe omitted part of the Torah, why would it not say "Lako'ach Es Sefer ha'Torah ha'Zeh"?
Rashi: It would not be called a Sefer Torah.
Why did Moshe repeat the verse before he wrote it?
Rashi: It was lest he write it incorrectly.
Tosfos: According to the texts that say that Moshe said before he wrote, one who writes a Sefer Torah, Tefilin or Mezuzah must do so. Even though we bring a proof from Baruch, perhaps also he did so.
What is b'Dema?
Rashi: He wrote amidst tears, and did not repeat the verse, amidst his great pain.
Etz Yosef: Because Moshe did not say it before writing it, it does not look like Sheker.
Rashi (Bava Basra 15a): He wrote with his tears, in place of ink.
Maharsha (Bava Basra 15a): If he could write "va'Yamas Sham Moshe" in tears, he could write it also in ink! Rather, he wrote in tears, and also did not say the words, so it was not like Sheker.
Daf Al ha'Daf: Chedvas Yakov (2, 57) said that Likutei Maharan infers from Maharsha that there is no concern for Sheker in mere writing. Kli Chemdah disagreed; it is more than speech! Rather, since Moshe' speech was removed, it was as if he died. Chedvas Yakov asked, did he become mute?! "V'Lo Chahasah Eino"! Also, how could he write "va'Yikbor Oso va'Gai"? Rather, R. Shimon learns from a Gezeirah Shavah that Moshe did not die. It says "va'Yamas Sham Moshe", and it says "va'Yhi Sham Im Hash-m." Just like there he served Hash-m, also here. Maharsha explains that Moshe did not say the words first, for there was no Gezeirah Shavah before it was written, so it would be like Sheker.
Daf Al ha'Daf citing Rama mi'Pi'ano (Asarah Ma'amaros, Chikur Din 13): Moshe shed tears that he would not bring Bnei Yisrael to Eretz Yisrael, so they would stay there permanently and nullify the decree of Galus of Bris Bein ha'Besarim. The tears came from the black of his eyes, and were black like ink. Even so, his eye did not lack at all. (NOTE: It says "[v'Lo Chahasah Eino] v'Lo Nas Lecho." Rashi explains simply - Moshe's moisture did not fade. Perhaps Rama expounds the Kesiv (Lecho has a Hei at the end, like Lechah (feminine)), i.e. his eye's moisture did not fade due to the tears that left. - PF) In the 12 Sifrei Torah that Moshe wrote and gave to the Shevatim, Yehoshua wrote the last eight verses. All Divrei Chazal are fulfilled!
Daf Al ha'Daf citing Pardes Yosef ha'Chadash, v'Zos ha'Berachah: Many say that the letters were mixed (not divided into words). Some attribute this Perush to Ohr ha'Chayim (but we do not find this in his Perush) or the SHLaH, and Mabit (Beis Elokim) says so. Mira Dachya asks, such writing is not Kosher for a Sefer Torah. How did it help to write like this, or in tears?
Daf Al ha'Daf: The Ramban (introduction to Chumash) says that before the Torah was given, the letters were the same, but the division into words was different.
What is the similarity to Baruch?
Rashi: Also Baruch did not repeat the verses [due to remorse], for they are lamentations.

