The mitzvos of the Torah generally became binding as soon as they were given.
If so, since Jews started wearing tefillin while journeying through the desert and two of the chapters of Shema from the book of Devarim that go into tefillin were not written down until the fourteeth years, it follows that for 39 years they wore head tefillin with four compartments but with only the two parshiyos from Shemos in two of the boxes. The other two compartments were empty!
This is supported by Rashi's language in parshas Bo, where he explains the word for tefillin, totafos as 4 compartments whereas in parshas veschanan he refers to four parshios.
The Lubavitcher Rebbe discussed this on various occasions. See especially Likutei Sichos 9 , 43 and Sefer HaSichos 5751 Bo p.272 and 5749 Bo p.204, as well as in the Green edition of Likutei Sichos #9, Eschanan. Some materials are also found here. Other sources include: Sichos Korach Gimmel Tammuz 5724 (in Toras Menachem series), Ohr Hatorah Devarim Volume 1, Tzemach Tzedek, pages 87, 90...327. Online the topic is discussed here:
http://vesomsechel.blogspot.com/2007/01/tefillin-of-rashi-and-rabbenu-tam.html (An interesting analysis of R. Tam's tefillin)
Ohr Yisroel 39, 216
Pri Tzadik Elul(2), 92 therein
What is the meaning of tefillin with two empty boxes? The Rebbe discusses the implication that the absence of those two paragraphs (Shema and Vahaya im Shemoa) implies that the avodah expressed by them was not necessary in the dessert. He references the Mittler Rebbe who states that Moshe did not transmit the two parshiyos in Devarim until he realized that he was not leading the Jews into the land of Israel.
Moshe's personal avodah was that of revelation from above, experiencing G-dliness as it comes down from above to below, called by Tanya in Shaar Haichud V''Hoemunah- Yichud Ilaah. When Moshe saw that his way will not be the way for the Jews after they enter the Holy Land, he wished to teach Jews to recite Shema and VaHaya im Shemoa which correspond to the more distant, yichud tata, avodah from below,rising to perceive G-dliness through their own efforts from below to above. These parshiyos from Devarim would be placed in the tefillin once they entered the land.
The history of tefillin teaches us that In our daily lives today a balance between both avodahs is necessary.
Avakesh comments:
While the most important point of the above teaching is about different ways of serving Hashem, especially through the mitsva of tefillin, it raises several issues previously discussed on this blog. Among them is whether the concept of Progressive Revelation is acceptable within the Tradition, with the proviso that it is restricted to the fourty year period of wandering in the dessert. If yes, many differences between the book of Devarim and the rest of the Chumash can be easily reconciled. There is also the question of whether it allows for admitting the existence of an Editor, as long it is Moshe Rabbeinu who was the Redactor of Biblical critics. There is perhaps some room for a concept that Moshe was given the freedom to arrange parshiot within the Torah, a concept that may be utilized to explain some of the arrangement and construction of its books. The Talmud records a disagreement in Gittin 60: “R. Yochanan in the name of R. Babaya said:” The Torah was given scroll by scroll (Rashi – First the scroll that contained the story of Creation, than the Scroll of Noach, then the scroll of Avraham).R. Shimon ben Lakish says: ”Torah was written as a complete document.” The Chezkuni explains:(Shemos 34,32): "Moshe would hear the commandments from the mouth of the Holy One Blessed be He and write them each one in a separate scroll. When it was his time to leave the world he arranged the Book of Torah and fixed in it contents according to the (significance) of organization (semukhin) appropriate to it, as our Rabbis have explained”. A similar explanation is offered by R. Yosef Bkhor Shor in his commentary.”
These Megilas may have also contained some that were Moshe’s personal diaries or logs and were incorporated into the Torah under direct Divine command. See Ohr Hachaim to Bamidbar 33,1. The Midrash Chateirot V’Yateirot in Wertheimer edition (Jerusalem 1930) (but this passage is not found in other editions) says that Bamidbar10:35-36 are set off in the Torah scroll by inverted Nuns to indicate that it is a part of the prophecy of Eldad and Meided that was inserted in that spot by Moshe.
In relation to the book of Devarim, see Abarbanel in Introduction to Devarim, Toldot Yitzhak (R. Yosef Karo), Mizrachi to Devarim1,1;Beit Elokim, Shaar Hayesodot, 33; Alshekh beginning of Devarim, Ohr Hachaim Devarim 1,1. All of these authorities would likely share the opinion of the Abarbanel “The general rule is that this sacred book comes from the mouth of the Almighty, G-d having commanded it to be written word for word, like the rest of the Chumash” (op.cit.). However, this formulation leaves room for the arranging and sequencing of the megillos to be done by Moshe.
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