Likkutei Sichos Vol. 19 – Vayeilech 4
6. Based on the above, we can also understand the remaining nuances: Since this verse introduces a new concept, where the heavens and the earth become true witnesses, one of the intentions of providing a warning before witnesses is not only to enable punishment later, but so that the warned individual will know and feel the seriousness of the matter, which will prevent him from engaging in undesirable actions. Therefore, when Moshe said to the heavens and the earth, "Give ear, O heavens, and I will speak; and let the earth hear," they were to hear the warning and serve as witnesses. This raises the question: they lack a fundamental aspect of the purpose of testimony, which is that the Jews should know (because what Moshe previously told them, "I call heaven and earth to witness against you this day," was not related to the concept of testimony; it was merely a sign and a symbol, as explained at length above).
Therefore, Rashi adds, "For so I told them that you will be witnesses" — he means by this (not the statement "I call heaven and earth to witness against you this day" from the end of Parshas Nitzavim, but) the verse "And I will call heaven and earth to witness against them" from the end of Parshas Vayelech, where he told the Jews that he makes the heavens and the earth complete witnesses.
Thus, the benefit and effect of the heavens and the earth being witnesses to the warning is understood, since the Jews are aware of this.
7. However, this makes the aforementioned question from section 3 even stronger: According to this, the heavens and the earth are true witnesses only for what is said in Parshas Ha'azinu, but for what Moshe Rabbeinu told the Jews in Parshas Nitzavim, they are not actual witnesses, but merely a sign and symbol.
The explanation is as follows: In Parshas Nitzavim, Moshe says, "I call heaven and earth to witness against you this day: I have set before you life and death, blessing and curse; therefore choose life, that you and your offspring may live." This means that the testimony there concerns the observance of the Torah and mitzvos in general and the reward and punishment for them — and for this, witnesses are not necessary, because there is no concern that the Jews will later deny the entire matter of the giving of the Torah and mitzvos — this is a well-known fact that all Jews are aware of, and it is passed down from generation to generation.
Therefore, for this, a testimony as a sign and symbol is sufficient, so that they will always remember the Torah and mitzvos and the punishment for them.
8. In contrast, in our Parsha, the content of the song is not merely about the fundamental obligation of observing the Torah and mitzvos, but it contains the words of the covenant, which include many details (as stated in the Parsha). Therefore, a) there can be a situation where one might deny, "We did not accept the covenant upon ourselves"; and b) for this, a sign and symbol are not sufficient, because a sign only serves to awaken and remind one not to forget something in general, but not when it concerns something with many details (and it is possible that one might deny the entire matter).
Therefore, for the covenant, actual witnesses are needed, who hear the details of the warning and serve as witnesses for this (until they carry out the testimony in actual practice).
9. One of the remarkable points regarding halacha in this Rashi:
Seemingly, since Rashi explains that both the heavens and the earth are witnesses, why does Rashi not also quote at the beginning of his commentary (on the verse) the words "and let the earth hear"?
This can be understood based on another question: Since the heavens and the earth are complete witnesses, about whom it is stated, "By the mouth of two witnesses, etc., a matter shall be established," and these two witnesses must be together, in the same manner — the question arises: If to the heavens Moshe said "Give ear" and to the earth "and let it hear," they are two separate witnesses, which would seem to lack the aspect of testimony.
According to the way of drush and halacha — it is stated in the Sifrei, "When the witnesses testify, if their words are found to be aligned as one, their testimony stands, and if not, their testimony does not stand. Thus, if Moshe had said 'Give ear, O heavens' and remained silent, the heavens would say, 'We only heard as in listening,' and if he had said 'and let the earth hear,' the earth would say, 'I only heard by hearing.' Isaiah came and supported this, saying, 'Hear, O heavens, and give ear, O earth,' to give listening and hearing to the heavens and listening and hearing to the earth." However, Rashi does not bring this down, and the reason is understood, because according to this, it would imply that until the time of Isaiah, they were not aligned witnesses, whereas from the straightforward understanding of the verses here, it is evident that they immediately became witnesses.
Therefore, Rashi only quotes the words "Give ear, O heavens" and says, "and you shall be witnesses in the matter," in the plural form, indicating that the heavens alone are witnesses in the plural [and as we have learned earlier several times in Rashi that there is more than one heaven], and Rashi then adds "and let the earth hear," indicating that the earth is also a group of witnesses by itself [and this too is a known matter, for the earth includes tens of lands]. Consequently, there is aligned testimony, with the heavens and the earth being two groups of witnesses.
9. However, there is no legal matter in Rashi's commentary: At first glance, one might wonder: 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 make them witnesses? From where is it evident that they want to become witnesses against the Jewish people (and punish them if they are liable)?
Rashi hints at this with the words, "For so I said to them, that you shall be witnesses," and this will be explained by prefacing that in the testimony at the end of Parshas Nitzavim, it does not state that there was a special assembly of the Jewish people. In contrast, at the end of Parshas Vayelech, where it states, "And I will call heaven and earth to witness against them," that they become actual witnesses, it says, "Assemble to me all the elders of your tribes and your officers, and I will speak these words in their ears and call heaven and earth to witness against them." What is the difference between them?
The reason is precisely this: Since Moshe Rabbeinu wanted to say, "Give ear, O heavens," "for I am warning them regarding Israel, and you shall be witnesses in the matter," he therefore assembled "the elders of your tribes and your officers," who are the members of the Sanhedrin and the court. A court has the power to influence the heavens and the earth to become witnesses.
Moreover, their testimony was not only about hearing the warning but also to testify against them if they would deny it. Since they must also carry out the judgment of "the hand of the witnesses shall be first against him," as Rashi continues — for both the testimony given by the witnesses and especially the execution of the verdict must be through a court. Therefore, Rashi adds, "For so I said to them, that you shall be witnesses," which specifically through this, they became complete witnesses, through the court.
10. From the wine of Torah in Rashi's commentary:
11. The reason, in the inner dimensions of the matter, why in Parshas Nitzavim, where it speaks about the observance of the Torah and mitzvos in general, a sign of remembrance is sufficient as testimony, whereas in our parsha concerning the covenant, complete testimony is required, can be explained as follows: With regard to the actual observance of Torah and mitzvos, it is not conceivable that a Jew would, G‑d forbid, deny and intentionally not fulfill the Torah and mitzvos. It is only that a spirit of folly enters him, and it seems to him that "he is still within his Judaism." Therefore, for this, a sign [of remembrance] is sufficient as testimony. This testimony serves in two ways: "When evil befalls you, they will be witnesses that I warned you about all this," meaning the testimony reminds that the evil is due to the lack of observance of Torah and mitzvos, and consequently, it reminds him that through this, he becomes separated from G‑dliness.
The second way is that "the heavens and the earth themselves" arouse one to the observance of Torah and mitzvos.
However, in our parsha, where it speaks about a covenant, which is not only about the actual observance of the Torah but primarily about an increased strengthening in the observance of Torah and mitzvos in all details, a mere sign of remembrance is not sufficient; rather, complete testimony is required.
The reason for this is: In order to fulfill the covenant for increased strengthening in the observance of Torah and mitzvos, it is through arousing and revealing the power of mesiras nefesh (self-sacrifice) that exists within Jews. The revelation of the power of mesiras nefesh is through the concept of testimony: The concept of testimony, as the Alter Rebbe explains at length, is for a concealed matter. However, for a revealed matter, testimony is not needed (and it is not applicable). Even for a matter that is destined to be revealed, "complete testimony" is not necessary. Testimony is specifically for something completely concealed, and it is only through witnesses that the matter is revealed.
Therefore, to reveal the power of mesiras nefesh, which derives from the yechidah of the soul, a completely concealed aspect, beyond any revelation, complete testimony is required.