September 11th: Nitzavim
THIS WEEK IN THE TORAH
Rabbi David E. Ostrich
This week’s Torah portion has many important messages—among them the assurance that the mitzvot of the Lord are eminently do-able—and by regular people.
“This commandment which I command you this day is not hidden from you, nor is it far off. It is not in the heavens, that you should say, ‘Who shall go up for us to the heavens, and bring it to us, that we may hear it, and do it?’ Nor is it beyond the sea, that you should say, ‘Who shall go across the sea for us, and bring it to us, that we may hear it, and do it?’ But the word is very near to you, in your mouth, and in your heart, that you may do it.” (Deuteronomy 30.11-14)
In the Talmud, however, the passage’s fairly simple message is transformed into an amazing story and doctrine—that the do-ability of the Torah means that we need to have a voice in how it is understood and practiced.
The story is found in the Babylonian Talmud, in Baba Metzia (The Middle Gate) and takes as its starting point a discussion about how to kasher a particular kind of oven.
The oven was made out of separate coils of clay, placing one upon another, with sand between each of the coils. Since each coil in itself is not a utensil, and the sand between the coils prevents the oven’s being regarded as a separate utensil, a debate ensued about whether and how to make it kosher. Rabbi Eliezer says that the separate components mean the oven is not liable to uncleanness. The other Sages, however, hold that the oven’s outer coating of mortar or cement unifies the coils into a single entity—which is therefore liable to uncleanness and hence kashering.
Don’t yawn. The argument—called The Oven of Akhnai—is really just the pretext for an amazing debate:
“There is a Mishna which speaks of an oven which Rabbi Eliezer says is ritually clean, but the Sages say is not ritually clean; it is called the oven of Akhnai/The Snake (because, like a snake, the argument and the tactics used were treacherous).
“Rabbi Eliezer justified his opinion with all the answers in the world, but they would still not agree. Then he said: ‘Let this carob-tree prove that the Halachah prevails as I state,’ and the carob was (miraculously) thrown off to a distance of one hundred ells; according to others, it was four hundred ells. But they said: ‘The carob proves nothing.’ He then said: ‘Let that spring of water prove that my opinion is the Halachah.’ The water then began to run backwards. But again the Sages said that this proved nothing. He then said: ‘Let the walls of the college prove that I am right.’ The walls were about to fall, but Rabbi Joshua rebuked them, saying: ‘If the scholars of this college are discussing Halachah, what business is it yours to interfere?!’ They did not fall, for the honor of Rabbi Joshua, but they did not become again straight, for the honor of Rabbi Eliezer [and they are still leaning in the same condition]. Rabbi Eliezer said again: ‘Let it be announced by the heavens that the Halachah prevails according to my statement,’ and a bat kol (heavenly voice) was heard, saying: ‘Why do you quarrel with Rabbi Eliezer, who is always right in his decisions?!’ Rabbi Joshua then arose and proclaimed [Deut. 30.12]: ‘The Law is not in the heavens.’
How is this to be understood? Explained Rabbi Jeremiah: ‘It means, the Torah was given already to us on the mountain of Sinai, and we do not listen to heavenly voices, as it reads [Exod. 28.2]: “Incline after the majority” (as opposed to invoking heavenly voices to interfere in the arguments of the Rabbis).
Once, Rabbi Nathan met Elijah the Prophet and asked him about the incident: ‘What did the Holy One of Blessing, say at that time?’ Elijah answered, ‘God laughed and said, “My children have bested Me, My children have bested Me.”’”
The Rabbinic belief is that God entrusted the Torah to us and that we are responsible for interpreting it and practicing it. Certainly, various debates will arise, and the majority of the Sages may change their understanding and interpretations over the years. However, if miracles and heavenly voices can outweigh the deliberations, it would be impossible to fulfill the religious responsibilities God gave us. “Lo bashamayim hi,” The Halachah “is not in the heavens.” Its do-ability means that we are the ones who must make God’s hopes real on earth.