It is Not in the Heavens/2

It is Not in the Heavens – "לֹא בַשָּׁמַיִם הִוא"

Exegetical Approaches

THIS TOPIC HAS NOT YET UNDERGONE EDITORIAL REVIEW

All of Torah and Mitzvot

The almost unanimous position in Midrashic literature is that verses 11-14, and thus also "הַמִּצְוָה הַזֹּאת",‎¹ refer to the Torah in general.²

Sources: Talmud YerushalmiMoed Katan 3:1About the Yerushalmi, Talmud BavliEiruvin 54a-55aBava Metzia 59bTemurah 16aAbout the Bavli, Devarim RabbahVilna 8:6About Devarim Rabbah, RashiDevarim 30:12-14About R. Shelomo Yitzchaki, R. BachyaDevarim 30:11About R. Bachya b. Asher, MalbimDevarim Devarim 30:11About R. Meir Leibush Weiser

Knowledge, observance, or both? The simplest version of this approach could say that "הַמִּצְוָה הַזֹּאת" refers to all of the previously given commandments. Rabbinic sources, however, expand the application of these verses to Torah knowledge in general and its decision making process.

Readily accessible – Devarim Rabbah understands "לֹא בַשָּׁמַיִם הִוא" to literally mean that the Torah is no longer in the heavens, as Moshe brought it down from there when the nation was at Mt. Sinai.

"בְּפִיךָ וּבִלְבָבְךָ לַעֲשֹׂתוֹ" – Bavli Eiruvin and Devarim Rabbah derive from here that the Torah must be verbalized and not merely contemplated.

Is repentance a mitzvah? This position could maintain, like R. Shemuel b. Chofni Gaoncited by Ibn Balaam Devarim 30:2-4About R. Shemuel b. Chofni GaonAbout R. Yehuda Ibn Balaam, that repentance is a promise rather than a commandment,³ or it could understand repentance to be merely a general obligation to resume observing mitzvot.⁴ Alternatively, it could agree that repentance is counted as one of the mitzvot, but nevertheless maintain that it is not the subject of our verses.

What is the definition of loving Hashem? This approach could maintain that loving Hashem means having loyalty to Him and observing all of His commandments. For more, see Ahavat Hashem.

Context of Chapter 30 – This position could view the entire chapter as speaking about adhering to the entire corpus of the Torah. Returning to Hashem and loving Hashem would both be viewed as facilitating that very same purpose.

Referent of "הַמִּצְוָה" in Sefer Devarim – This approach would likely attempt to understand all usages of the term in Sefer Devarim as referring to the entire Torah.

Returning to Hashem

"הַמִּצְוָה הַזֹּאת" speaks of the obligation to repent after sinning, and the eternally available opportunity to come back and be accepted by Hashem.

Sources: RambanDevarim Devarim 30:11About R. Moshe Nachmanides, R. Yosef AlboSefer HaIkkarim 4:25About R. Yosef Albo, SfornoDevarim 30:11-14About R. Ovadyah Sforno, Netziv #2Devarim 30:11-15About R. Naftali Tzvi Yehuda Berlin

Readily accessible – R. Yosef Albo notes that Divine mercy makes the process of teshuvah easy for us, and that it requires comparatively little effort compared to any other life-saving treatment which one would be willing to cross oceans to obtain.

Is repentance a mitzvah? Ramban⁵ states that repentance is a distinct obligation which stands on its own, which is mandated by the words "וַהֲשֵׁבֹתָ" and "וְשַׁבְתָּ" in the first two verses of Devarim 30.⁶

"בְּפִיךָ וּבִלְבָבְךָ לַעֲשֹׂתוֹ" – Ramban⁷ explains that this refers to verbal confession (ווידוי) and a change of heart for the future, as these are both components of full repentance.

Loving Hashem – The Netziv explains that Chapter 30 is speaking about repentance which is done out of true love of Hashem.

Context of Chapter 30 – According to this approach, all sections of the chapter are discussing the process of repentance.

Referent of "הַמִּצְוָה" in Sefer Devarim – This approach would likely attempt to understand all other usages of the term in Sefer Devarim as either general terms for keeping the entire Torah, or, like our case, as referring to the particular individual obligation described in the immediate context of the verse.

Loving Hashem

"הַמִּצְוָה הַזֹּאת" refers to the commandment to love Hashem, and it is this which is easily attainable.

Sources: Modern commentators⁸

Referent of "הַמִּצְוָה" in Sefer Devarim – This approach understands every, or almost every, appearance of the term in Sefer Devarim to be speaking of the cardinal obligation to love Hashem.⁹

Readily accessible – Loving Hashem is a natural outgrowth of appreciating everything Hashem does for us, and can therefore be attained relatively more easily than keeping the entire Torah or repenting. These verses would thus closely parallel the similar notion expressed in Devarim 10:12.

"בְּפִיךָ וּבִלְבָבְךָ לַעֲשֹׂתוֹ" – The term "בִלְבָבְךָ" fits well with the mitzvah of loving Hashem which appears on a number of occasions with the modifier "בְּכׇל לְבָבְךָ". However, "בְּפִיךָ" is more difficult to explain.

Loving Hashem – This position would work best if it understands loving Hashem to be a separate emotional or cognitive commandment which stands on its own. For more, see Ahavat Hashem. It would also likely understand love of Hashem to be the foundation on which the entire Torah is based.¹⁰

Context of Chapter 30 – According to this interpretation, the entire chapter speaks of love of Hashem and returning to a state in which one's love for Hashem is manifest.

¹ The singular form would refer to the body of law as a whole, as in Devarim 8:1. See, however, Ramban who notes that the earlier verse says "כׇּל הַמִּצְוָה", while our verse does not contain the word "כׇּל".

² It is possible that Chazal are engaged in an implicit polemic against Paul's interpretation of these verses in Romans 10 as requiring only faith to bring salvation. In contrast, Chazal argue that one must observe all of the commandments and that faith alone does not suffice.

³ This appears to also be the position of RambamSefer HaMitzvot Aseh 73Hilkhot Teshuvah 1:1Hilkhot Teshuvah 7:5About R. Moshe Maimonides. Rambam explains the verse of Devarim 30:1-2 like R. Shemuel b. Chofni Gaon, and he does not count repentance as its own commandment.

⁴ This is the position adopted by the Meshekh ChokhmahDevarim 31:17About R. Meir Simcha of Dvinsk.

⁵ Sforno adopts Ramban's interpretation.

⁶ Ramban was preceded by R. Chefetz b. YatzliachSefer HaMitzvot 10 who cites Devarim 30:2 as the source of the mitzvah to repent. See similarly R. Isaac of Corbeil in his Sefer Mitzvot Katan.

⁷ Sforno follows Ramban in this as well.

⁸ Interestingly, very few, if any, classical Jewish commentators adopt this approach. The earliest person (we are aware of) who explicitly adopted this approach was August Dillmann, Die Bucher Numeri, Deuteronomium und Josua (Leipzig, 1886): 268,384 (regarding both Devarim 5:28 and 30:11).

⁹ See the discussion in the Introduction regarding the most explicit verses in Devarim 11:22 and 19:9, and see Terminology of Sefer Devarim for application to other verses as well.

¹⁰ For more on the centrality of Ahavat Hashem, see About R. Chasdai Crescas and About R. Shemuel David Luzzatto.