PARASHAT NITZAVIM

By Rav David Silverberg

            Parashat Nitzavim contains the famous verse, “Lo va-shamayim hi” – “It is not in the heavens” (30:12), from which Chazal inferred a number of different concepts.  Most famously, perhaps, the Gemara in Masekhet Bava Metzia (59b) records that Rabbi Yehoshua cited this verse as indicating that we do not look to the heavens for halakhic guidance.  All the information and governing principles relevant to the process of halakhic decision-making has already been given to us.  As such, halakhic conclusions must be reached based on what we have already received, and not on anything revealed subsequently.  Thus, the Rambam famously rules in Hilkhot Yesodei Ha-Torah (chapter 9) that a prophet who claims to have prophetically received a halakhic ruling is liable to capital punishment for issuing false prophecy.  Once Moshe established that God no longer “intervenes” in the halakhic process, anyone who allegedly prophesies on halakhic matters by definition renders false prophecy.  Similarly, as mentioned, Rabbi Yehoshua disregarded the attempts of his colleague, Rabbi Eliezer, to draw proof to his halakhic position by invoking miraculous signs.  God has given us the Torah and assigned us the responsibility of interpreting it and applying it based on the rules contained in the Torah itself, and, as such, we do not base our decisions based on alleged revelations.

            In Masekhet Eruvin (55a), the Gemara approaches this verse as alluding to a seemingly unrelated halakha: “It is not in the heavens – it [the Torah] is not found in one who ‘raises his mind’ with regard to it… It is not found in those who are arrogant.”  According to this reading, Moshe alludes in this verse to the fact that Torah has no place in “the heavens,” in those who raise themselves above others, who place themselves on a pedestal and think of themselves more than they should.  Torah knowledge requires humility and sincerity; it demands that a student seek the truth honestly, rather than approaching Torah as a means of priding himself and feeling superior to his less gifted peers.

            Upon further reflection, we might point to a connection of sorts between these two readings of “Lo va-shamayim hi.”  Essentially, they constitute two sides of the same coin.  On the one hand, the Almighty showed remarkable trust and faith in the Torah scholars, and granted them the privilege of taking part in the process of netinat ha-Torah (giving the Torah).  Rather than instructing the people directly through ongoing prophetic revelation, God preferred that Am Yisrael themselves determine the law – on the basis, of course, of the original text and code delivered at Sinai.  However, the same verse that attests to this great privilege also issues the warning that “it is not found in those who are arrogant.”  The Almighty indeed raised Torah scholars to a remarkably high stature – but on condition that they approach their work with humility.  Specifically because the scholars are invested with the authority to interpret and apply Halakha, they must ensure to leave personal egos and ulterior motives aside while undertaking this task.  The Torah is no longer in the upper world, and is rather entrusted to Am Yisrael – but only to those who are prepared and able to study and interpret it with honest objectivity, rather than with the aim of advancing their personal interests.

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            As we discussed yesterday, the Gemara in Masekhet Bava Metzia (59b) explains the phrase “Lo va-shamayim hi” (“It is not in the heavens” – Devarim 30:12) as precluding the possibility of seeking halakhic guidance from “heavenly” sources.  All the information, rules, guidelines and principles needed for applying the Torah have already been brought down from the heavens by Moshe.  As such, no authority is given to halakhic instruction allegedly conveyed through prophecy or quasi-prophetic media.  Yesterday we noted two famous applications of this rule.  In Masekhet Bava Metzia (59b), the Sages afforded no significance to miracles brought about by Rabbi Eliezer as “proof” to his halakhic position.  Since the Torah granted authority to the majority view among the Sages, Rabbi Eliezer’s minority position is not authoritative even if it receives “heavenly” support.  Secondly, the Rambam ruled that a prophet who conveys a halakhic ruling on the basis of alleged prophetic revelation is ipso facto dismissed as a false prophet.  The Torah itself attests to the fact that halakhic information can no longer be obtained through revelation, and thus a prophet who claims otherwise is by definition an imposter.

            Yet, as many have noted, we indeed find numerous instances in halakhic literature where a notable scholar arrived at a halakhic conclusion on the basis of a nocturnal “revelation.”  Most famously, perhaps, is Rabbi Yaakov of Marvege, a scholar from the Tosafist school who, when confronted with a difficult halakhic query, would conduct a she’eilat chalom – meaning, he would request before going to sleep that the answer be shown to him in a dream.  He recorded the responses received to these questions in the book She’eilot U-teshuvot Min Ha-shamayim (“Responsa from the Heavens”).  Similarly, another Tosafist, the Semag, modified his listing of the 613 commandments in light of information told to him in a dream before its publication.  It is also told that the Or Zarua (Rabbi Yitzchak of Vienna) could not definitively determine the correct spelling of the Hebrew name “Akiva” for the purposes of a get document, until he received a nocturnal revelation indicating that it is spelled with a hei as the last letter (rather than an alef).

            How can this method of resolving halakhic questions be reconciled with the fundamental precept of lo va-shamayim hi?

            The Chid”a, in his Shem Ha-gedolim (entry of “Rabbenu Yaakov Ha’chasid,” referring to Rav Yaakov of Marvege), explains that resorting to “heavenly” sources of halakhic guidance is legitimate in cases of otherwise unresolved queries.  If the halakhic scholars remain undecided on a certain issue, then the Almighty can, indeed, “intervene” to reveal the answer.  The principle of lo va-shamayim hi means that a “heavenly” halakhic ruling cannot override the conclusion reached by the conventional halakhic process.

            We might also add a possible distinction between blindly following “heavenly” instruction, and benefiting from insight obtained through God’s direct assistance.  Returning to the case of the Semag, he describes beholding a revelation that the prohibition against arrogance constitutes one of the most important Biblical prohibitions, and must therefore be included in his list of the Torah’s commands.  He then writes, “I pondered it in the morning and behold, it is indeed a great principle…”  This might suggest that he did not simply accept the information relayed to him in his dream.  Rather, he gave it considerable thought the following day, and only upon determining that this information is indeed compelling did he include it in his work.  Thus, the dream served not as an authoritative source of instruction, but rather as a means of assistance, helping the scholar arrive at the proper conclusions.

            Another revealing example (no pun intended) is a comment made by Rav Efrayim Zalman Margoliyot, in his Yad Efrayim notes to the Shulchan Arukh (O.C. 692), where he discusses the obligation to drink on Purim to the point of intoxication.  Rav Margoliyot writes that he was shown in a dream that this halakha does not refer to actual intoxication, but rather simply to intense joy, and, as such, one should not become excessively drunk on Purim, as this might likely diminish from his experience of joy.  He then adds, “I pondered it in the morning and I saw that this is correct…”  Once again, Rav Margoliyot did not simply accept the information; he rather took the time to study and examine the material shown to him and then, using his own rational faculties and halakhic expertise, arrived at his conclusion.

            Thus, the accounts of scholars receiving halakhic insight in nocturnal visions should perhaps be viewed as divine assistance in the halakhic process, as opposed to divine intervention.  We pray each day, “Ve-ha’er eieneinu be-Toratekha” – “Enlighten our eyes in Your Torah” – asking that God should help us arrive at the proper understanding of Torah and reach the correct conclusions.  In the cases mentioned above, the scholars were given direct assistance in their quest to interpret the Torah properly.  They didn’t simply decide halakhic matters on the basis of divine revelation, but rather made use of that revelation to gain proper insight into the question at hand.

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            In Parashat Nitzavim, Moshe warns of the exile Benei Yisrael will suffer if they disobey the Torah, and then proceeds to describe the process of repentance they will undergo in exile and their subsequent return to the land.  Thereafter, he declares, “For this commandment which I command you this day is not too wondrous for you, nor is it distant from you.  It is not in the heavens…and it is not across the sea… For this matter is very near to you, in your mouth and in your heart to perform” (30:11-14).

            The Ramban famously explains these verses as referring specifically to the mitzva of teshuva, which Moshe had just described earlier.  Here he impresses upon the people that repentance is within their reach.  Even after betraying the Almighty and enduring the tribulations of exile and persecution, they have the opportunity to return and see the restoration of their national sovereignty through the process of repentance.

            Why was this reminder necessary?  Why would the people have concluded that repentance was not an option once they were exiled?

            The Ramban alludes to the answer to this question when he writes:

The meaning is to say that even if your exiles are at the end of the heavens and you are under the authority of the nations, you will be able to return to God and do in accordance with all that I command you this day…because this matter is not wondrous or distant, but is rather very near to you, to perform at any time and in any place…

The Ramban here mentions the fact that Benei Yisrael will find themselves “at the end of the heavens” and “under the authority of the nations,” implying that these factors are perhaps what would have led to the conclusion that repentance is not possible.  Living far away from their spiritual homeland and subject to the authority, edicts and culture of foreign nations, the people might easily resign themselves to their current condition and view it as permanent.  Moshe therefore insists that repentance is possible “at any time and in any place,” even in the most distant lands, and even under difficult conditions of exile, persecution and estrangement from Torah.

            Seforno likewise follows this approach, and clarifies a bit further the possible misconception that Moshe feared.  He explains that when Moshe proclaims that repentance is not “in the heavens,” he means that the people do not need a prophet to tell them to repent.  Therefore, even when Benei Yisrael will no longer have access to prophecy, teshuva is still very much within reach.  Similarly, Moshe emphasizes that teshuva is not located “across the sea”; it is not necessary to seek the guidance of scholars from distant areas to repent.  As opposed to halakhic questions, which indeed require the guidance of scholars, teshuva is readily accessible to all.  The essence of teshuva, as Seforno comments in this context, is recognizing and confessing one’s guilt, and this does not depend upon prophecy or scholarly input.  Therefore, regardless of how far Benei Yisrael find themselves from their land and their ideal spiritual stature, they will always have access to teshuva.

            Of course, this message can be applied to the individual, as well.  One cannot excuse himself from repentance because it is “in the heavens,” he needs some kind of “otherworldly” inspiration or impetus to begin the process.  Likewise, one cannot blame his perceived inability to repent on its being “across the sea,” because he has no direct exposure to somebody who will instruct him to perform teshuva.  These are not valid excuses, because teshuva does not depend upon these factors.  As the Ramban teaches, repentance is accessible “at any time and in any place.”  The key to teshuva does not lie in the heavens or in some distant land; it can rather be found “in your mouth and in your heart,” within the capacity of each and every one of us.

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            Toward the beginning of Parashat Nitzavim, Moshe informs Benei Yisrael that their covenant with God is binding not only for them, but all future generations, as well: “But it is not with you alone that I make this covenant… Rather, [I make it] with whoever is here with us standing today before the Lord our God, as well as with whoever is not here with us today” (29:14).

            A number of writers addressed the question of how the covenant made by a group of people can remain binding even upon their descendants, who never agreed to such an arrangement.  One relatively simple answer, proposed by Rav Yosef Shaul Nathanson in his Divrei Shaul, is that the basis of this everlasting obligation is yetzi’at Mitzrayim, the Exodus from Egypt.  As we read each year in one of the more famous passages of the Haggada, Am Yisrael would still be in Egypt today had the Almighty not miraculously brought us to freedom.  Thus, each generation of Benei Yisrael is born in a state of subjugation to God.  He took us from Egypt to be His servants, and the children born to a servant are legally bound to the master’s service.  It is therefore on account of the Exodus that each generation of Benei Yisrael is automatically bound by the nation’s covenant with God.

            The Divrei Shaul adds that this explains a verse later in this section, which tells of the people’s response to the devastation God will bring when Benei Yisrael breach this covenant: “They will say: [This occurred] because they abandoned the covenant of the Lord, God of their fathers, that He made with them when He took them from the land of Egypt” (29:24).  The Torah emphasizes the fact that this covenant was made at the time of the Exodus, to explain why the later generations will be held accountable for breaching a covenant to which they never agreed.  This covenant has its origins at yetzi’at Mitzrayim, when God released the people from slavery, and it therefore binds all future generations of Benei Yisrael.

            We might add that the Divrei Shaul’s comment may also shed light on the final verse of the tokhecha section in Parashat Ki-Tavo.  After describing the horrors that God threatens to visit upon Benei Yisrael should they forsake the Torah, Moshe warns, “The Lord shall return you to Egypt in boats, along the route which I told you that you will never see again, and you shall be sold there to your enemies as slaves and maidservants…” (28:68).  If Benei Yisrael breach the agreement made at the time of the Exodus, then they effectively negate the entire purpose and objective of the Exodus.  God therefore threatens to return them to their state of slavery in Egypt, from where they were freed for the explicit purpose of being faithful servants of God.

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Commenting on Moshe’s famous proclamation in Parashat Nitzavim, “Lo va-shamayim hi” (“It [the Torah] is not in the heavens” – 30:12), Rashi, citing the Gemara (Eruvin 55a), writes, “For had it been in the heavens, you would have been required to ascend after it to study it.”The fact that Moshe had to remind Benei Yisrael of the accessibility of Torah indicates that had it not been so accessible, we would have nevertheless been obliged to find a way to make it accessible.

One could approach the Talmud’s comment on a number of different levels. Most simply, perhaps, Chazal here seek to impress upon us just how critical, indispensable and central Torah is for our survival as a people, and for our growth as individuals. It plays such a vital role in our lives that even if somehow it ended up “in the heavens,” we would be obliged to retrieve it so that we could study and live by it.

Similarly, though from a slightly different angle, Chazal here emphasize the importance of effort and sacrifice in studying and observing Torah. True, Moshe here assures us that “the matter is very near to you, in your mouth and in your heart to perform it” (30:14).However, the Gemara reminds us that although the Torah is “very near,” it is not always in our immediate proximity. We must, indeed, make an effort –and sometimes significant effort – in order to study and practice the Torah’s laws. The Torah is indeed not in the heavens – but theoretically, even this kind of effort –“ascending the heavens” – would be warranted and required. In this sense, then, the Gemara seeks to qualify Moshe’s comment: although the Torah is not “in the heavens,” we must be prepared to go to whatever lengths are necessary for the purpose of knowing and observing it. Indeed, Rav Dov Weinberger, in his Shemen Ha-tov, comments that Chazal’s remark may perhaps serve as an introduction to Moshe’s description of Torah as “very near.”Meaning, only if a person is prepared to “ascend to the heavens” for Torah, once he has committed himself to exerting whatever effort and make whatever sacrifices are necessary for success in Torah learning and practice, then Torah becomes “very near.”It is indeed truly accessible and near – but only to those who are willing to go to great lengths if this would become necessary.

Finally, we might suggest that Gemara seeks to allude to God’s guarantee to assist us in our efforts on behalf of Torah. Possibly, the Gemara here focuses not on the theoretical obligation to “ascend to the heavens,” but rather on our ability to do so had this been necessary. Had the Torah been in the heavens, God would have found a way to allow us to reach there for the purpose of retrieving it. This hypothetical scenario teaches that one must never despair from his ability to properly study and observe the Torah, or think that it is simply too difficult for him. Just as the Almighty would have enabled us to reach the heavens for the sake of Torah, so does he endow each person with the strength and capabilities he needs to live a Torah life.

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            Earlier this week, we cited the Gemara’s comment in Masekhet Eruvin (55a) regarding the famous verse in Parashat Nitzavim (30:12), “Lo va-shamayim hi” (“It is not in the heavens”): “It [the Torah] is not found in one who ‘raises his mind’ with regard to it.”  The Gemara interprets this verse to mean that Torah knowledge cannot be sustained within a person of arrogance, within somebody who raises himself “to the heavens” in terms of seeking honor and recognition.

            An interesting approach to this passage appears to emerge from Tosefot’s comments in Masekhet Ta’anit (7a).  Tosefot there address the Gemara’s remark, “Why are words of Torah likened to water… To teach that just as water leaves a high place and goes to a low place, so can words of Torah be sustained only in one whose mind is humble.”  Once again, we find the Gemara emphasizing the importance of humility in the pursuit of Torah scholarship, and Tosefot note that the message conveyed there in Masekhet Ta’anit is the same message taught in the aforementioned passage in Masekhet Eruvin.  Curiously, however, Tosefot then proceed to cite two other, seemingly unrelated, comments of the Sages.  First, Tosefot make mention of the subsequent passage in Eruvin, where the Gemara addresses the next verse in Parashat Nitzavim, “Nor is it across the sea…” The Gemara infers from this verse that Torah scholarship cannot be achieved by international merchants, who travel the seas buying and selling their wares.  Tosefot also make reference to the Midrash’s comment that “lo va-shamayim hi” establishes that one who studies astrology cannot obtain Torah scholarship.

            The obvious question arises as to why Tosefot introduced these two comments – regarding international merchants and astrologers – in the context of the indispensable role of humility in Torah learning.  Recall that Tosefot here are commenting on the Gemara’s analogy between Torah and water, which teaches the importance of humility.  How does this theme relate the fact that those involved in other, time-consuming pursuits – such as international commerce and astrological study – cannot master the Torah?  Why did Tosefot merge these two seemingly unrelated concepts – the need to be humble, and the need to minimize one’s preoccupation in other pursuits?

            Apparently, Tosefot understood that arrogance undermines a potential scholar’s ability to achieve for the same reason that his efforts are compromised by excessive involvement in trade and conflicting fields of study.  Namely, like the overambitious merchant or astrologer, the arrogant student is too preoccupied to focus properly on his studies.  According to Tosefot’s understanding of the Gemara, the Sages speak here of a very practical problem posed by arrogance – it drains a person’s time and energy.  One who seeks recognition will devote too much time and thought into that pursuit to allow for serious study, much as the international tradesman’s business ventures do not allow sufficient time for scholarship.  Arrogance is thus not merely an intrinsic obstacle to Torah knowledge, but also a practical one.  Simply put, the pursuit of fame and recognition depletes the supply of resources necessary to succeed in Torah study, as it has the potential to consume a person to the point where he cannot properly apply himself to his Torah learning.

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            As we have discussed on several occasions this past week, Parashat Nitzavim includes Moshe’s famous declaration, “It [the Torah] is not in the heavens, that one would say: If only someone would ascend to the heavens for us, bring it to us and teach it to us, we would observe it!” (30:12).

            The Ba’al Ha-turim observes that the first letters of the four words, “mi ya’aleh lanu ha-shamayema” (“if only someone would ascend to the heavens for us”) spell the word mila, or “circumcision.”  This embedded reference to berit mila, the Ba’al Ha-turim suggests, indicates that one can “ascend to the heavens” only after undergoing circumcision.  The Ba’al Ha-turim finds a basis for his theory in God’s introductory remarks to Avraham before issuing the command of berit mila: “Hit’halekh lefanai ve-hyeh tamim” (“Walk before Me and be perfect” – Bereishit 17:1).  This verse might mean that before Avraham could “walk before” God, he had to first perform circumcision and thereby be worthy of standing in the divine presence.

            It should be noted that immediately after Avraham’s circumcision, he is visited by God, for no apparent reason: “The Lord appeared to him in Elonei Mamrei…” (Bereishit 18:1).  Rav Ezra Bick (http://www.vbm-torah.org/parsha/04vayera.htm) explained how this silent revelation reflected the new stature our patriarch obtained after undergoing circumcision:

After the mila, God visits Avraham to spend time with him, in fellowship, for Avraham now belongs to the society of God and not that of men.  Every precious appearance of God to Avraham was to tell him something specific.  Here it symbolizes the fellowship of God and Avraham.  Mila has changed Avraham’s status from that of a righteous individual to that of yedid Hashem, a part of the spiritual community.

Furthermore, following God’s revelation, Avraham is visited by three angels, to whom the Torah refers with the term anashim (“men”).  Later, however, when those same angels meet Avraham’s nephew, Lot, and they are called malakhim (“angels”).  Rav Bick claims that this, too, is an expression of Avraham’s membership in the “spiritual community”:

…the presence of angels in Avraham’s company, from this point on, is the presence of his fellows, his natural environment.  “Walk before me and be perfect.”  Walking before God, as the retinue of the king, is what we imagine angels do.  Avraham lives midst the angels now, so angels appear to him as men.

            Here, in Parashat Nitzavim, Moshe tells Benei Yisrael that they do not need to physically “ascend to the heavens” to “walk before God.”  Instead, we need simply to commit ourselves to the berit, to our covenant with God.  The mila indicates that a person does not live for himself, but rather for the purpose of serving his Creator.  This is the way one “ascends to the heavens” – by remaining on earth, but living his life as a devoted servant of the Almighty.