hebrew
1)

How can Hashem set up witnesses before Yisrael have sinned?

1.

Rashi: He set them up as witnesses that He had warned Yisrael, not to testify that they had sinned. 1

2.

Rashbam: This was an advance warning that the Heaven and earth will come and punish them in the event that they sin. 2


1

See Sifsei Chachamim.

2

Rashbam: As we say in the Shema "ve'Atzar es ha'Shamayim ... ve'ha'Aretz Lo Sitein es Yevulah".

2)

How can Heaven and earth testify whether Yisrael fulfilled the Torah? The testimony affects them

1.

Refer to 4:26:1:1.

2.

Moshav Zekenim: Indeed, they are not believed to testify that Yisrael fulfilled Torah, but they would be believed to testify that they transgressed Torah, for this harms themselves. 1


1

Testimony that harms the witness himself is accepted. It is unlike a relative, whose testimony is Pasul whether it helps or harms his relative (Shach CM 37:1 derives this from Rema 37:17).

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