English translation — האזינו א

A.

On the verse "Give ear, O heavens" Rashi explains "that I am admonishing them in Israel and you shall be witnesses in the matter that I have thus said to them that you shall be witnesses, and likewise 'hear, O earth.' And why did he call heaven and earth as witnesses? Moses said: I am flesh and blood, tomorrow I will die. If Israel should say, 'We did not accept the covenant upon us,' who will come and contradict them? Therefore he called heaven and earth as witnesses, witnesses that endure forever."

And then Rashi says a second explanation¹

"And furthermore, that if they merit, the witnesses will come and give their reward: the vine will give its fruit² and the earth will give its produce³

and the heavens will give their dew⁴

and if they become guilty, the hand of the witnesses will be upon them first⁵

and I will hold back⁶

the heavens⁷

and there will be no rain⁸

etc."

The necessity also of Rashi's explanation is,

simply,

from the words "Give ear, O heavens",

that the heavens should hear,

that ostensibly the content of the portion is not directed to heaven and earth,

but to the Jews — how they need to conduct themselves,

and what will be the consequences if they will not conduct themselves thus<sup>8</sup>

— therefore is

Rashi explains that Moshe Rabbeinu said to heaven and earth that they should hear and be "witnesses" also to that which he admonishes the Jews; and further he continues and explains "And why did he testify against them with heaven and earth etc."

One must however understand: earlier in parshas Nitzavim<sup>9</sup>

it says in the verse "I call heaven and earth to witness against you today" and there too Rashi explains two explanations "that they endure forever, and when evil befalls you they will be witnesses that I warned you of all this.

Another explanation: 'I call heaven and earth to witness against you today etc.' The Holy One, blessed be He, said to Israel: Look at the heavens which I created to serve you; have they changed their nature? Has the sun not risen etc.? And what of these, which were not made for reward etc.; you, if you merit etc., all the more so."

It is not understood: a)

Why does Rashi ask here "Why did He call heaven and earth as witnesses" when we have already learned earlier about the testimony of heaven and earth and about the reason why they are appointed as witnesses?

b)

Even if Rashi wants

(for whatever reason)

also in this parsha to explain the reason why heaven and earth were appointed as witnesses,

he should have written it briefly,

why does Rashi write the lengthy discussion in the parsha where it appears the second time,

and not at the

(first time on the)

verse "I call heaven and earth to witness against you today etc."

(where he says only briefly "that they endure forever, and when evil befalls you etc.")?

ג)

Thus one can understand regarding the second explanation in our parshah: בשלמא that Rashi says in the second explanation of parshas Nitzavim "The Holy One, blessed be He, said to Israel: "They were-

consumed in heaven etc., perhaps they changed their measure etc.",

and does not say it in our parshah¹⁰,

it is understood¹¹

- because

(as Rashi already explained¹²)

since "I call heaven and earth to witness today etc." Moshe Rabbeinu said to Israel that he makes heaven and earth witnesses,

but not to heaven and earth that they should be witnesses,

and consequently it is understood that the matter of "The Holy One, blessed be He, said <b>to Israel</b>: 'They were consumed in heaven that I created etc.'" is appropriate only there

(in parshas Nitzavim)

that <b>Jews</b> should learn the rebuke from heaven and earth,

but not in our parshah;

But the second explanation that Rashi says in our parshah "that if they will merit, the witnesses will come and give their reward etc." seems at first glance also in Parshas Nitzavim, where Moshe tells the Jews that heaven and earth are witnesses — that when the Jews will be worthy,

the witnesses will give their reward,

and if, heaven forbid, not etc.

Now why did Rashi not explain this the first time,

but specifically here where Moshe says the testimony to heaven and earth themselves?

B.

Also one can understand the nuances in this Rashi:

a)

Why is Rashi lengthy and explains "that I said to them that you will be witnesses" — what is the relevance here to informing heaven and earth that he told the Jews that they will be witnesses?

And one cannot say¹³

that thereby the possibility is guarded that Jews should not want that heaven and earth should be

Witnesses,

because prima facie there is no difference for the testimony whether the warned one agrees to their testimony or not — they become witnesses in any case?

It is also not sufficient the reason,

that warning helps only when the warned one knows that witnesses are testifying against him¹⁴,

because this is regarding the Jews — and the Jews already knew this

(He had already told them in Parsha Nitzavim)

— and not to heaven and earth¹⁵,

to the witnesses¹⁶.

b)

Rashi's wording "If Israel would say we did not accept upon ourselves the covenant, who comes and contradicts them" - why does he not say the same wording as in the Sifri

"we did not accept upon ourselves the Torah"

and in Yevamos,

then without witnesses can one contradict the acceptance of the Torah and the commandments in general?

c.

One will understand this by prefacing another question on the general matter:

As is evident from Rashi, this is what Moshe Rabbeinu said to the Jews "I call to witness against you today the heavens and the earth" in the end of Parshas Nitzavim,

and the testimony

that in our parshah - "Give ear, O heavens, etc." is the same thing,

The difference is only

(as Rashi says¹²)

"There

(in Parshas Nitzavim)

he spoke to Israel but to the heavens and the earth he did not speak, and now he comes to say 'Give ear, O heavens, etc.'",

and as Rashi also says on this verse "that thus I said to them that you will be witnesses",

But at first glance this is not so,

because the speech in Parshas Nitzavim upon which Moshe Rabbeinu said to the Jews "I call to witness against you today the heavens and the earth",

is not that the heavens and earth heard

(the song of Haazinu)

and became witnesses to it,

Today, how does Rashi say that this is the same thing "Thus I said to them that you will be witnesses" and the difference is only that in Haazinu he announced this also to heaven and earth?

D.

The explanation of all this: The plain meaning of the word "eidus" is - in several verses: - a sign,

a symbol for a remembrance of a certain thing¹⁹

- and this can be in several ways:

a)

One sets up a testimony,

a sign for a certain thing,

but the thing that one makes into a sign has no connection to the content and essence of the signified; and as was already learned earlier by Avraham and Avimelech&lt;sup&gt;20&lt;/sup&gt;

: on Avimelech's question "What are these seven ewe-lambs",

Avraham said to him "For these seven ewe-lambs you shall take from my hand, in order that it be for me &lt;b&gt;for a testimony &lt;/b&gt;that I dug this well".

That the seven ewe-lambs themselves have no connection and are not a proof

When Abraham dug the well,

only he and Abimelech both agreed that the seven sheep are witnesses,

a sign and symbol to remember that "I dug this well".

Such a kind of testimony and sign does not need to be "existing" also later; only the <b>intent</b> of the testimony and sign remains afterwards when the sign becomes null²¹,

and as is understood simply,

that the seven sheep did not live the entire duration of time that one needed to have a "witness",

even not the entire time of the lives of Abraham and Abimelech,

although their <b>testimony</b> and sign was used for a long time later²².

b)

So the testimony and sign on a matter has a connection to the content of the matter; and by way of example, the mound that Yaakov Avinu made as an "eid" between himself and Lavan — "&lt;b&gt;Eid&lt;/b&gt;&lt;sup&gt;23&lt;/sup&gt;

this mound is a witness and the pillar is a testimony, that I will not pass over this mound to you, and that you will not pass over this mound and this pillar to me, for harm."

d.

e.

- Also this type of testimony is only as a sign and reminder of the matter that they agreed upon,

but the testimony and sign also has a connection to the content of the matter&lt;sup&gt;24&lt;/sup&gt;,

a "gal" of stones demonstrates

As a partition and separation between both sides&lt;sup&gt;25&lt;/sup&gt;.

From this is understood in our matter: When one learns the verse "I call heaven and earth to witness against you today" — about witnesses who are not flesh and blood,

there is no question what is the content of the testimony,

or why specifically these witnesses are taken,

because thus they had agreed and determined the matter as "testimony" and a sign regarding a certain matter,

even if it has no connection to the content of the matter.

Rashi only explains &lt;b&gt;what &lt;/b&gt;the testimony and sign of heaven and earth come to — "And when the evil will befall you, they will be witnesses that I warned you"&lt;sup&gt;26&lt;/sup&gt;.

And that which is required here such testimony that is "enduring forever",

not like by a testimony and sign

(and so forth)

of the seven ewes etc. — because by the seven ewes,

since that was only regarding a specific place and only between Abraham and Abimelech and their seed after them,

One knows and one remembers the sign also after this.

But in our case, the sign and testimony indeed pertains to all Jews in all times and in all places,

therefore it is not enough that the testimonies will exist only at the time of making the sign²⁷.

The explanation, however, is not entirely smooth: When does it fit to say that a certain thing is a testimony, a sign and a reminder of another thing

(which has no connection to it)

then when it is set up

(by man)

for this intention that it should be a sign,

then it reminds etc.,

But regarding heaven and earth, which from the six days of creation are in the same state and condition,

"enduring forever" this seemingly does not apply to so much²⁸,

since they are not designated for this,

and in general - no change occurred in them²⁹.

Therefore Rashi says a second explanation "Another explanation etc. The Holy One, blessed be He, said to Israel: Look at the heavens that I created to serve you; have they changed their nature etc. And what about these that were made etc."&lt;sup&gt;30&lt;/sup&gt;,

So the testimony of heaven and earth is in a manner that from their aspect they are a sign and symbol that reminds and awakens regarding the fulfillment of the Torah and the commandments&lt;sup&gt;31&lt;/sup&gt;.

because

(through looking is)

their content,

that "they did not change their nature etc." without testimony and remembrance].

On the other hand - according to the second interpretation the word "today" is not smooth,

because since they themselves are a testimony and remind of the fulfillment of Torah and commandments through "look at the heavens etc.",

then their testimony is always equal,

and not specifically "today".

But not according to the first explanation,

although the sign pertains to later,

but the fixing of the testimony,

that they determine it as a sign,

is done "today",

when Moses our teacher warns Jews and makes them witnesses.

H.

The common denominator in the two above-mentioned types of testimony is that one does not specifically need a person for it,

a desert,

and it is not relevant that the witnesses should know of the sign.

In the verse "Give ear, O heavens, and I will speak; and let the earth hear the words of my mouth,"

that Moses our teacher says to heaven and earth that they should hear,

one cannot say that their testimony here consists of a sign and symbol

(as in "I call heaven and earth to witness etc." earlier),

because for that it is not relevant that they should hear and know of it.

One must say,

that this is a true matter of testimony about a certain event or speech and the like.

Therefore Rashi explains "and you shall be witnesses in the matter,"

they are indeed in the category of true testimony³².

And therefore Rashi asks here "And why did he call heaven and earth as witnesses?" — since this is complete testimony,

then why did he take specifically heaven and earth as witnesses and not human beings as in the entire Torah?

since they are not speakers and cannot hear and understand - because Rashi already explained earlier in Genesis&lt;sup&gt;33&lt;/sup&gt;

regarding the grasses that "although it was not said 'according to its kind' to the grasses in their commandment &lt;b&gt;they heard &lt;/b&gt;that the trees were commanded about this &lt;b&gt;and they made a kal vachomer &lt;/b&gt;by themselves etc."&lt;sup&gt;34&lt;/sup&gt;,

we know from this that regarding them

(and all the more so regarding heaven and earth)

the concept of hearing and understanding applies&lt;sup&gt;35&lt;/sup&gt;

; Rashi's question is

only,

why are specifically heaven and earth witnesses and not people,

&lt;b&gt;as usual&lt;/b&gt;].

To answer this, Rashi continues "Moshe said: I am flesh and blood, tomorrow I will die, etc." - because it could be that Jews will say "We did not accept the covenant upon ourselves," therefore one must have "witnesses that are eternal,"

so that they can "deny" this claim.

It is, however, not understood: since they are a complete testimony,

what is the main intent of such a testimony? Is it not only that they should know about the speech or event, but that they should actually testify and thereby perform an action in the matter - so how does this apply to heaven and earth³⁶?

Therefore Rashi adds "and more

(not a second explanation,

but an addition - more - explanation in the testimony of heaven and earth)&lt;sup&gt;37&lt;/sup&gt;

that if they merit, the witnesses will come and give their reward etc., and if they are liable, the hand of the witnesses will be first upon them, and He will restrain the heavens etc.",

d.

e.

So the heaven and earth are complete witnesses,

not only to hear the warning upon Jews and know whether they fulfilled or not,

but also to &lt;b&gt;act &lt;/b&gt;as witnesses in the matter about which they testify&lt;sup&gt;38&lt;/sup&gt;.

f.

Based on the above, also the remaining nuances will be understood: Since here in the verse a new matter comes,

that heaven and earth become true witnesses,

then one of the intentions of giving a warning before witnesses is not only in order to be able to punish later etc.,

but that the one warned should know and feel the gravity of the matter and it should deter him from doing the undesirable thing,

consequently, when Moses said to heaven and earth "Give ear, O heavens etc., and hear, O earth" that they should hear the warning and be testimony,

the question arises: there is lacking in them an essential matter in the intention of testimony,

one needs that Jews should know

(because that which previously Moses said to them "I call heaven and earth to witness against you today",

had no connection to the matter of testimony,

it was only a sign and an omen,

as above at length).

Therefore Rashi adds "so I said to them that you will be witnesses" - he means thereby

(not the statement "I call heaven and earth to witness today etc." from parshas Nitzavim,

but)

the verse "And I will call heaven and earth to witness against them" from parshas Vayelech&lt;sup&gt;39&lt;/sup&gt;,

and there he said to Jews&lt;sup&gt;40&lt;/sup&gt;

that he makes heaven and earth as complete witnesses,

And consequently the benefit and effect of that which heaven and earth are witnesses to the warning is understood,

since Jews know of this.

7.

Based on this, however, the aforementioned question becomes even stronger: According to this, heaven and earth are true witnesses only regarding what is said in Parshas Haazinu,

but regarding what Moshe Rabbeinu said to the Jews in Parshas Nitzavim, they are not actual witnesses,

but merely a sign and token in general.

The explanation in this: In Parshas Nitzavim Moshe says "I call to witness against you today the heavens and the earth, life and death etc., and you shall choose life so that you may live, you and your seed",

meaning that the testimony there is regarding the fulfillment of the Torah and mitzvos in general and the reward and punishment for them — and for this one does not need witnesses,

because there is generally no concern that Jews will later deny the entire matter of the giving of the Torah and mitzvos — this is an explicit thing that all Jews know and it passes from generation to generation.

And therefore upon this matter there is a testimony as a sign and a symbol,

that one should constantly remember about Torah and commandments and the punishment for this

(and according to the two ways of the two commentaries of Rashi).

But not in our portion, where the content of the song is not

(only)

about the essential obligation of the fulfillment of Torah and commandments,

rather it contains the words of the covenant,

where in it there are many details

(as he says in the portion)

- and therefore - a)

it can be a reality that one should

Denying "we did not accept upon ourselves &lt;b&gt;the covenant&lt;/b&gt;"; and b)

For this, no sign or symbol helps

(even in the second manner of Rashi in Nitzavim),

because a sign only awakens and reminds that one should not forget a matter in general,

but not when it concerns a matter with several details

(and it can be that one should deny the matter entirely).

Therefore, one must have actual witnesses on the covenant,

who hear the details of the warning and are witnesses to it

(until they carry out the testimony in actual practice).

8.

Of the wondrous matters according to the halachah in this Rashi:

At first glance,

Since Rashi explains that both heaven and earth are witnesses, why does Rashi not quote at the beginning of his commentary

(from the verse)

also the words "and let the earth hear."

This will be understood based on another question: Since heaven and earth are complete witnesses,

About which it is stated⁴¹

"By the mouth of <b>two</b> witnesses etc. shall a matter be established" — that the two witnesses must be together,

In the same manner — then the question arises: To heaven Moses said "Give ear" and to earth "Hear",

They are two <b>separate</b> witnesses,

Then the matter of testimony is lacking.

According to the way of homiletics and halachah — it is stated in the Sifri: "When the witnesses testify, if their words are found to be consistent with each other, their testimony stands, and if not, their testimony does not stand.

So too, when Moses said 'Give ear, O heavens' and was silent, the heavens would say 'We did not hear except with giving ear,' and 'Hear, O earth' — the earth would say 'I did not hear except with hearing.'

From the verse in Isaiah&lt;sup&gt;42&lt;/sup&gt;

And a support for the matter: "Hear, O heavens, and give ear, O earth," to give hearing and listening to the heavens and hearing and listening to the earth,

Rashi brings this but does not explain it, and the reason for this is understood,

Because according to this it turns out,

that until the time of Isaiah they were not witnesses

(intentional)&lt;sup&gt;43&lt;/sup&gt;,

while according to the plain sense of the verses here it is proven that they became witnesses immediately&lt;sup&gt;44&lt;/sup&gt;.

Therefore Rashi quotes only the words "Give ear, O heavens" and says "and you shall be &lt;b&gt;you &lt;/b&gt;witnesses in the matter" in the plural,

that the heavens alone are witnesses in the plural&lt;sup&gt;45&lt;/sup&gt;

that there is more than one heaven],

And Rashi then adds "&lt;b&gt;And likewise &lt;/b&gt;and let the earth hear",

that also the earth is a &lt;b&gt;panel &lt;/b&gt;of witnesses by itself

Because the earth includes dozens of lands&lt;b&gt;*&lt;/b&gt;&lt;sup&gt;46&lt;/sup&gt;]&lt;sup&gt;47&lt;/sup&gt;.

And consequently there is an intentional testimony,

heavens and earth are &lt;b&gt;two &lt;/b&gt;panels of witnesses&lt;sup&gt;48&lt;/sup&gt;.

9.

Another matter in the halacha in Rashi:

At first glance one must understand: How does Moshe Rabbeinu say "Give ear, O heavens, and I will speak; and let the earth hear the words of my mouth" and thereby he makes them witnesses — from where is the proof that they want to become witnesses upon Jews

(and to punish them if they become liable)?

Rashi hints at this with the words "so I said to them that you will be witnesses" - and this will be explained with an introduction,

and that in the portion of Nitzavim it does not say that there was a special assembly of Jews⁴⁹

; but not so in the portion of Vayelech,

where it says "and I will call heaven and earth to witness against them",

that they become actual witnesses,

it says "gather to me all the elders of your tribes and your officers and I will speak these words in their ears and I will call [heaven and earth] to witness etc." - seemingly, what is the difference between them?

But this is for this same reason: since Moses our teacher wanted to say "Give ear, O heavens",

"that I admonish Israel through them and you will be witnesses in the matter",

therefore he assembled "the elders of your tribes and your officers",

for they are the members of the Sanhedrin and the court - and a court has the power to affect heaven and earth,

that they should become witnesses⁵⁰.

Furthermore: their testimony was indeed not only for hearing the warning but also in order to testify against them if they would deny,

until that they also need to carry out the law of "the hand of the witnesses shall be upon them first",

as Rashi continues - that the testimony of the witnesses says, and especially that the carrying out of the verdict must indeed be by the court,

therefore Rashi adds "that I said to them that you will be witnesses" that specifically through this they became a complete testimony,

by the court.

Yud.

From the wine of Torah in Rashi:

The reason in the inwardness of the matters that in Parshat Nitzavim,

where it speaks about the fulfillment of the Torah and commandments in general,

it suffices with a sign and remembrance,

but in Parshat Va'etchanan regarding the covenant one needs a complete testimony,

it can be said: Regarding the fulfillment of Torah and commandments in practice it is not possible that a Jew should,

heaven forbid,

deny,

that he should intentionally not fulfill Torah and commandments; it is only that a spirit of foolishness entered him and "it seems to him" that "he is still in his Judaism"⁵¹.

And consequently for this it is sufficient

(testimony - as)

a sign <b>and remembrance</b>.

And the testimony is in two ways: "When the evil will befall you they will be witnesses that I warned you about all this",

i.

e.

the testimony reminds that the evil is from the side of the lack of fulfillment of Torah and commandments,

and consequently it reminds him that through this he becomes separated from G-dliness.

And the second way is,

that "heaven and earth themselves" arouse to <b>fulfillment</b> of the Torah and the commandment⁵².

But in our parshah,

where it speaks about a <b>covenant</b>,

that a covenant is not only for the actual fulfillment of the Torah,

but primarily for an extra strengthening in the fulfillment of Torah and mitzvos with all the details,

for this a sign and token is not sufficient,

rather one needs complete testimony.

And the reason for this: in order to carry out the covenant for extra strengthening in the fulfillment of Torah and mitzvos,

it is through that which one arouses and reveals the power of the mesirus nefesh that exists among Jews — and the revelation of the power of mesirus nefesh is through

The concept of testimony: The concept of testimony is

(as the Alter Rebbe explains at length⁵³)

about a hidden thing,

but about a revealed thing one does not need

(and it is not applicable)

any testimony; and even about a matter that is destined to be revealed one also does not need "complete testimony."

Testimony is specifically about a thing that is completely hidden,

and specifically through witnesses the matter becomes revealed.

And therefore - to reveal the power of the mem"n (the 50th gate) which comes from the yechidah of the soul which is a hidden thing,

higher than revelation entirely,

one needs complete testimony.

(From the talk of Shabbos Parshas Haazinu 5726)