1)

What are the implications of "Lo ba'Shamayim hi"?

1.

Rashi (citing Eruvin 55a): It implies that if the Torah would be in heaven we would be obligated to ascend there and to study it 1 (And the same applies to "ve'Lo me'Eiver la'Yam hi" - Eruvin, 55a). 2

2.

Bava Metzi'a 59b: The Torah was given on Sinai 3 [to man], and we do not pay attention to voices [or other signs] from Heaven to decide Halachah 4 - rather we follow the majority of Chachamim.

3.

Temurah, 16a: Following the death of Moshe Rabeinu, three thousand Halachos were forgotten, and when they asked Yehoshua to ask Hashem (via the Urim ve'Tumim), he replied "Lo ba'Shamim hi!" 5 .

4.

Eruvin, 58a: It implies that Torah is not to be found a. among those who raise themselves above the Torah to the heavens (to query its principles), 6 and b. among those who are conceited.


1

See Sifsei Chachamim.

2

See Torah Temimah, note 9.

3

Emes le'Yakov in Beha'aloscha Bamidbar, 9:8: 'Moshe received the Torah from Sinai' (Avos 1:1) and applied it his entire life. He was able to ask Hashem - like we find by Pesach Sheini. And "Lo ba'Shamayim Hi" only came into effect after his death. Refer to 34:10:1:1-2.

4

See Torah Temimah, note 11.

5

See Torah Temimah, note 12.

6

See Torah Temimah, note 10.

2)

What is the significance of the Pesukim "Mi Ya'aleh lanu ha'Shmaymah" and "ve'Lo me'Eiver la'Yam hi"?

1.

Refer to 30:12:1:1-4.

2.

Da'as Zekenim and Rosh: The first letters of "Mi Ya'aleh lanu ha'Shmaymah" spell 'Milah', to teach us that in the merit of Milah, Moshe 1 ascended to heaven to receive the Torah.

3.

Ba'al ha'Turim (citing Tanchuma Lech L'cha 20): The first letters letters of "Mi Ya'aleh lanu ha'Shmaymah" spell 'Milah', and the last letters, Hashem's name 'Havayah', to teach us that one who is not circumcised cannot ascend to be with Hashem.

4.

Oznayim la'Torah: With reference to Chazal, who explain that neither Nevu'ah nor Chochmah contended with Teshuvah, only Hashem himself, the Torah is saying that Teshuvah is not in the heaven, that it should need Nevi'im to present it to Yisrael, nor is it far away overseas that it should require the Chachamim who live there to teach it to them, but it is within easy reach, 2 and Hashem, the only One to fathom Teshuvah, will accept it.


1

Perhaps this means in the merit of B'nei Yisrael observing Milah, since Moshe was born circumcised (Sotah 12a), and he was almost killed for delaying to circumcise one of his sons (Refer to Sh'mos 4:24:2:1)! Or, perhaps he did Teshuvah out of love, and this became a merit! (PF). Or what the commentaries mean is that it was on the merit of the Mitzvah of Milah that Moshe ascended Har Sinai to receive the Torah.

2

Refer to 30:14:1:2.

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