(יב) לֹ֥א בַשָּׁמַ֖יִם הִ֑וא לֵאמֹ֗ר מִ֣י יַעֲלֶה־לָּ֤נוּ הַשָּׁמַ֙יְמָה֙ וְיִקָּחֶ֣הָ לָּ֔נוּ וְיַשְׁמִעֵ֥נוּ אֹתָ֖הּ וְנַעֲשֶֽׂנָּה׃ (יג) וְלֹא־מֵעֵ֥בֶר לַיָּ֖ם הִ֑וא לֵאמֹ֗ר מִ֣י יַעֲבׇר־לָ֜נוּ אֶל־עֵ֤בֶר הַיָּם֙ וְיִקָּחֶ֣הָ לָּ֔נוּ וְיַשְׁמִעֵ֥נוּ אֹתָ֖הּ וְנַעֲשֶֽׂנָּה׃ (יד) כִּֽי־קָר֥וֹב אֵלֶ֛יךָ הַדָּבָ֖ר מְאֹ֑ד בְּפִ֥יךָ וּבִֽלְבָבְךָ֖ לַעֲשֹׂתֽוֹ׃ {ס}  

(12) It is not in the heavens, that you should say, “Who among us can go up to the heavens and get it for us and impart it to us, that we may observe it?” (13) Neither is it beyond the sea, that you should say, “Who among us can cross to the other side of the sea and get it for us and impart it to us, that we may observe it?” (14) No, the thing is very close to you, in your mouth and in your heart, to observe it.

Deuteronomy 30:12-14

Discussion Questions

1. Where could queer women be “hiding” in the passage?
2. How does accounting for queer women impact the meaning of the text?
3. What are the broader implications of this passage and its commentary?

Supplementary Material

Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be He, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

Babylonian Talmud, Bava Metzia 59b:5

גופא אמר רב יהודה אמר שמואל שלשת אלפים הלכות נשתכחו בימי אבלו של משה אמרו לו ליהושע שאל א”ל (דברים ל, יב) לא בשמים היא

The Gemara returns to the matter itself. Rav Yehuda says that Shmuel says: Three thousand halakhot were forgotten during the days of mourning for Moses. The Jewish people said to Joshua: Ask for guidance from Heaven so that you can reacquire the forgotten halakhot. Joshua said to them: “It is not in heaven” (Deuteronomy 30:12). Once the Torah was given on Sinai, the Sages of each generation must determine the halakha. No new halakhot may be added or subtracted by heavenly instruction or through prophecy.

Babylonian Talmud, Temura 16a:3

כָּתוּב בַּתּוֹרָה (גמרא עירובין נה א) “לֹא בַשָּׁמַיִם הִיא וְלֹא מֵעֵבֶר לַיָּם הִיא”. לֹא בַשָּׁמַיִם הִיא לֹא בְּגַסֵּי הָרוּחַ הִיא מְצוּיָה וְלֹא בִּמְהַלְּכֵי מֵעֵבֶר לַיָּם הִיא. לְפִיכָךְ אָמְרוּ חֲכָמִים (משנה אבות ב ה) “לֹא כָּל הַמַּרְבֶּה בִּסְחוֹרָה מַחְכִּים”. וְצִוּוּ חֲכָמִים הֱוֵי מְמַעֵט בְּעֵסֶק וַעֲסֹק בַּתּוֹרָה

Holy Writ says: “It is not in heaven … neither is it beyond the sea” (Deut. 30.12–13) it is not in heaven, that is to say, the Torah is not found among the arrogant nor is it found among the travelers beyond the sea.” (Erubin, 55a). The sages, therefore said: “Not he who engages himself over-much in commerce is wise.” (Pirke Abot, 2.6). The sages, moreover, commanded: “Engage thyself but little in worldly pursuits and pursue the study of the Torah” (Pirke Abot, 4.12).

Maimonides, Mishneh Torah: Torah Study 3:8

My silences had not protected me. Your silence will not protect you. But for every word spoken, for every attempt I had ever made to speak those truths for which I am still seeking, I had made contact with other women while we examined the words to fit in a world in which we all believed, bridging our differences. And it was the concern and caring of all those women which gave me strength and enabled me to scrutinize the essentials of my living.

Audre Lorde, “The Transformation of Silence into Language and Action,” Sister Outsider