פרשת נצבים תש"ח - "לא בשמים היא"

Behold, I set before you this day a blessing and a curse:

It is not in heaven, that thou shouldest say: ‘Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?’

And this is known as the oven of akhnai. The Gemara asks: What is the relevance of akhnai, a snake, in this context? Rav Yehuda said that Shmuel said: It is characterized in that manner due to the fact that the Rabbis surrounded it with their statements like this snake, which often forms a coil when at rest, and deemed it impure. The Sages taught: On that day, when they discussed this matter, Rabbi Eliezer answered all possible answers in the world to support his opinion, but the Rabbis did not accept his explanations from him. After failing to convince the Rabbis logically, Rabbi Eliezer said to them: If the halakha is in accordance with my opinion, this carob tree will prove it. The carob tree was uprooted from its place one hundred cubits, and some say four hundred cubits. The Rabbis said to him: One does not cite halakhic proof from the carob tree. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the stream will prove it. The water in the stream turned backward and began flowing in the opposite direction. They said to him: One does not cite halakhic proof from a stream. Rabbi Eliezer then said to them: If the halakha is in accordance with my opinion, the walls of the study hall will prove it. The walls of the study hall leaned inward and began to fall. Rabbi Yehoshua scolded the walls and said to them: If Torah scholars are contending with each other in matters of halakha, what is the nature of your involvement in this dispute? The Gemara relates: The walls did not fall because of the deference due Rabbi Yehoshua, but they did not straighten because of the deference due Rabbi Eliezer, and they still remain leaning.

It is not in heaven, that thou shouldest say: ‘Who shall go up for us to heaven, and bring it unto us, and make us to hear it, that we may do it?’

It is a clear and manifest principle concerning the Torah that as a Law it is permanently established forever and evermore; and that it is not subject to mutibility, nor to diminution, nor to amendment; for it is said: "All this word which I command you, that shall ye observe to do; thou shalt not add thereto, nor diminish from it" (Ibid. 13.1); and it is further said: "But the things that are revealed belong unto us and to our children forever, that we may do all the words of this law" (Ibid. 29.28). Herefrom we learn that according to all the words of the Torah we are commanded to do forever. It is, moreover, said: "a statute forever throughout your generations" (Num. 15.15); and again it is said:¹See Baba Mezi’a 59. C. "It is not in heaven" (Deut. 30.12); herefrom we learn that no prophet is thereafter permitted to make any innovation. Therefore, should a man rise up, whether he be from among the Gentiles or whether from among Israel, and deliver a token and perform a miracle saying, that God hath sent him to add a commandment, or to diminish a commandment, or to interpret a certain commandment of among the commandments with such interpretation as we have not heard by tradition from Moses; or he said, that these commandments with which Israel was charged are not forever and throughout all generations, but that they were commandments in keeping with those times only, behold him, he is a false prophet, seeing that he came to deny the prophecy of Moses; and his punishment is death by strangulation, because he wilfully spoke in the name of God concerning that which He did not charge him; for He, blessed is He! commanded Moses, saying, that this enactment was "unto us and unto our children forever" (Deut. 29.28); and, "God is not a man that He should lie" (Num. 23.19).

In like manner, if he abolish aught of the things which we did learn by tradition, or if he say concerning a given law of the laws of the Torah that God charged him to interpret the law thus, and that the law should be decided in favor of that man, behold, he is a false prophet, and shall be strangled, even though he delivered a token; for, lo, he came to refute the Torah wherein it is said: "It is not in heaven" (Ibid. 30.12). Nevertheless, if his charge be of a temporary nature, we must hearken unto him in everything.

לא נפלאת הוא ממך [FOR THIS COMMANDMENT …] IS NOT נפלאת FROM YOU i.e. is not concealed from you, just as it is said, (Deuteronomy 17:8): כי יפלא which is rendered in the Targum by “If there be concealed [from thee]”; and (Lamentations 1:9): ותרד פלאים which means, she went down into concealment, i.e. being covered and bound in the place of concealment.

לא בשמים הוא IT IS NOT IN HEAVEN — for were it in heaven it would still be your duty to go up after it and to learn it (Eruvin 55a).

wondrous either mysterious or a superhuman task, which you will be unable to perform

it is not in heaven an elaboration on “wondrous” [: 11].

beyond the sea an elaboration on “distant” [: 11]. Probably the Mediterranean sea is meant, which cannot be traversed lengthwise, due to the murkiness of its waters.

The meaning of "because this commandment". Refers to the whole torah. And this is correct because of the whole torah it says (Deuteronomy 8:1) "All the commandment which I [God] command you today". But "this commandment" refers to repentance. Because [the verses] "you will return in your hearts" (Deuteronomy 30:1) and "you will return to the Lord your God" (Deuteronomy 30:2) [prove that] the commandment (to return) that He commanded us to do [is a commandment]. And it was said indirectly to hint at the promise because it will be this way in the future. And the reason to say this is because if your wanderers be in the edges of the heaven and you are in the hands of the nations you will be able to return to God and to do all I [God] command to you today. Because this thing is not too esoteric or distant for you, but rather is very close to you to do it in every time and in every place. And this is the meaning of "in your mouth and in your heart to do it": That they should confess their sins and the sins of their ancestors with their mouths and return in their hearts to God and welcome onto themselves today the torah to do it the generations as it is mentioned (Deuteronomy 30:2) "you and your children with all of your heart" as I have explained there.

ולא מעבר לים היא, neither, when you are in exile, overseas, do you need to travel to the leading Torah scholars across the ocean in order to become a true penitent. True, there are commandments which are difficult to master without expert guidance, repentance, however, is not one of them.

ולא מעבר לים היא, neither, when you are in exile, overseas, do you need to travel to the leading Torah scholars across the ocean in order to become a true penitent. True, there are commandments which are difficult to master without expert guidance, repentance, however, is not one of them.

See, I have set before thee this day life and good, and death and evil,

את החיים ואת הטוב LIFE AND GOOD — the one is dependent upon the other: if you do good, behold, there is life for you, and if you do evil, behold, there is death for you. Scripture goes on to explain how this is:

אשר אנכי מצוך היום לאהבה IN THAT I COMMAND THEE THIS DAY TO LOVE [THE LORD THY GOD] — You have here a description of the “good”, and upon this depends וחיית ורבית THAT YOU MAY LIVE AND INCREASE — here you have life.

אשר אנכי מצוך היום לאהבה IN THAT I COMMAND THEE THIS DAY TO LOVE [THE LORD THY GOD] — You have here a description of the “good”, and upon this depends וחיית ורבית THAT YOU MAY LIVE AND INCREASE — here you have life.

good i.e., prosperity, and health, and honor.