This Shabbos we begin the fifth book of the Torah, which is known as "Mishneh Torah". This name is understood to mean the book of either repetition or review of the Torah. The Talmud (Avodah Zarah 25a), when discussing the miracle of the sun standing still for Yehoshuah, cites the verse (Yehoshuah 10:13) that this event is recorded in "Sefer Ha-Yasher - The Book of the Upright." The Talmud brings two opinions as to what book is being referred to; Rabi Chiyah Bar Abah taught in the name of Rav Yochanan that this refers to the book of Bereishis, which deals primarily with the Avos (patriarchs) who are called yesharim (Bamidbar 23:10). Rabi Elazar said that this is a reference to Sefer Devarim, as it contains the verse "v'asee-sah ha-yasher v'ha-tov b'einei Hashem - you shall do what is upright and good in the eyes of Hashem (6:18).
Does it make sense that the entire book of Devarim would be called Sefer Hayashar just because it includes the aforementioned verse? The Maharsha (ibid) answers that this verse is always associated with the concept of lifnim me-shuras hadin - going beyond what would be expected to be the strict law. Implementations of this concept include the law of shumah hadar (seized property which must be returned to the debtor - see Bava Metziah 16b) and the law of bar metzrah (the rite of first refusal ibid 108a). Thus, the Maharsha contends, the mitzvos contained in the book of Devarim reflect this noble unique concept of Jewish law, and as such is appropriately called Sefer Hayashar.
Rav Alpert zt"l (Limudai Nissan, volume 2 page 108) gives a few examples of this concept. In Parshas Mishpatim the Torah clearly warns that one is not to damage another with his body or property, and must pay for any damage that is done. Here in Devarim, we are taught that a protective fence must be put around one's roof and dangerous areas to prevent even accidents from happening (22:8). In Mishpatim we are taught the obligations that one must provide his wife, namely, food clothing and marital relations (21:10). In Devarim, we are taught to go beyond the obligations and to make our wives happy - "v'seemach es ishto" (24:5).
Interestingly, the Torah Temimah compares "v'asee-sah ha-yasher v'ha-tov" to "v'ahavtah l'reiacha kamocha" and states that just as "v'ahavtah..." is a klal gadol baTorah - a mainstay of the Torah - so is "v'asee-sah ha-yasher v'ha-tov" a mainstay to the book of Devarim.
I believe it is not by chance that we read Parashas Devarim annually on the Shabbos before Tisha B'av. Not only is the verse "Eicha Esah L'vadi" (1:12) read to the sad tune of the book of Eicha, reminding us of the connection to the forthcoming fast day, but the primary message of Devarim admonishes the Jewish people and creates the environment for Tisha B'av.
The Talmud (Bava Metziah 30b) teaches in the name of Rav Yochanan that Jerusalem was destroyed because they acted in accordance with the letter of the law of the Torah and did not perform actions that would have gone beyond the letter of the law. Tosafos asks does not the Talmud (Yuma 9b) ascribe the cause of the destruction of the second Bais HaMikdash to sinas chinam - baseless hatred? Tosafos answers that both factors caused the destruction. I understand this to mean, that because of the breakdown of human relations they understandably did not go lifnim meshuras hadin for one another. As we acted with din, strict justice devoid of compassion, Hashem acted accordingly with us, and destroyed the Bais HaMikdash.
This past Monday, was Rosh Chodesh Av, the only Yahrtzeit mentioned in the Torah, that of Aharon haCohen. I believe it is more than coincidental that we are reminded on the day that begins our focus on our glorious past, when we had His Divine Presence in our midst, our long bitter exile with inquisitions, pogroms and a Holocaust, and our yearning for the third Temple, that we learn from this great leader in Israel. The Talmud Sanhedrin (6b) contrasts Moshe and Aharon. The former is described as yikov hadin es ha-har - strict justice. Aharon loved peace, pursued peace, and made peace between one man and another as is stated in Malachai (2:6), "he walked with me b'shalom u'mishor - in peace and uprightness - and turned many away from sin". Note the similarity between b'shalom u'mishor and "v'asee-sah ha-yasher v'ha-tov".
Finally, Hashem manifested Himself to His people in a fashion lifnim meshuras hadin (Avos 5:7). In fact, even at the time of the actual churban, the keruvim (cherubs atop the Aron - the holy ark) were embracing (Yuma 54b), showing that even at that moment He had not tuned His back on, nor forsaken, His children. It behooves us as we approach another Tisha B'av to introspect regarding many areas of our lives, especially in our interpersonal relationships, and to see how in our daily interactions with our spouse, our children, our coworkers, and our congregants we can go lifnim meshoras hadin, hopefully causing Him to respond in kind.
Wishing all a meaningful fast.