Kerias Shema is Torah
Rav Yaakov Kamenetzky in his sefer Emes L’Yaakov in Parshas Ki sovo
uses this principle to answer a Rambam. The Rambam in Hilchos Bikurim
cites the pesukim that a person must recite when he brings his first
fruits to the mizbeach. The commentators ask that the last words of
this recital conclude in middle of a possuk and this is against the
dictum of stopping in a place that Moshe did not stop. Reb Yaakov
answers that this ruling does not apply by such mitzvos, such as
bikurim. It is only a concern when pesukim are being recited because of
Torah.
He uses this principle to explain why a kohen is not
required to recite the Priestly Blessing while reading from a Torah.
There is a halacha that when one recites verses from the Written Law,
he is prohibited from saying them “by heart.” The explanation is that
that this halacha applies only when someone is reciting verses because
of Torah but here they are being recited because of a mitzvah and
therefore there is no requirement that these pesukuim should be read
from a Torah.
This principle is somewhat troubling as the source
for the halacha is the Gemora Brochos which is discussing the mitzva of
reciting krias Shema. The Gemora states regarding this mitzva that if
Moshe did not stop there, we cannot. How can these Acharonim say that
this halacha only applies by Torah and not by mitzvos?
It would
seem that this would be a proof to the opinion of the Keren Orah in
Sotah and the Brisker Rav who maintain that the mitzva of reciting
krias shema every day is actually a mitzva of “Talmud Torah.” The
obligation is to recite portions of the Torah twice daily. Obviously
there is a mitzva of accepting the yoke of Heaven by reciting these
portions but the commandment of the Torah is to learn these portions
once in the morning and once at night. This explains why the halacha of
stopping where Moshe didn’t stop does apply.