Kommentar zu Dewarim 31:28

הקהילו אלי ASSEMBLE UNTO ME [ALL THE ELDERS OF YOUR TRIBE] — They did not, however, blow the trumpets that day to call the congregation together (as is prescribed in Numbers 10:3), because it states (Numbers 10:2) “Make for thee [two trumpets of silver]” (which Rashi explains to mean that no one should use them except himself), and he had not empowered Joshua to use them. Indeed they were hidden away even during his (Moses) lifetime — on the day of his death, thus fulfilling the words of the text, (Ecclesiastes 8:8) “There is no authority on the day of death” (cf. Midrash Tanchuma, Vayechi 2 on ויחי and ‎Midrash Tanchuma, Beha'alotcha 10 on בהעלתך).‎

ואדברה באזניהם את הדברים האלה, the words of poetry contained in the portion Haazinu.

הקהילו אלי, “Assemble to me, etc.” According to Tanchuma Vayechi 2, on this day Moses did not blow in the trumpets to assemble the people (elders) as was customary, and as Moses had been commanded to do in Numbers 10,2. The trumpets were for the exclusive use of Moses; they were never used by Joshua, but buried during the lifetime of Moses. This was in order to fulfill the statement of Kohelet 8,5 that on the day of one’s death one does not have authority. Seeing this was the day Moses was to die, he did not employ symbols of his authority. Blowing the shofar or the trumpets was a symbol of the authority wielded by the one who blew them or had them blown.

They did not sound the trumpets on that day, etc. [Rashi] wishes to explain why it is not written, They should sound [the trumpets], as it is written in Parshas Beha'aloscha (Bamidbar 10:2) when he gathered them.

V. 28. ואעידה בם וגו׳. Siehe zu Kap. 30, 19.

ואעידה בם את השמים ואת הארץ, “and I will appoint as witnesses against them Heaven and Earth.” It is a historical fact that during the life time of Joshua and the elders of his time who survived him, the Jewish people remained absolutely loyal to G-d and His Torah. (Joshua 24,31)

ואעידה בם את השמים ואת הארץ I WILL CALL THE HEAVEN AND THE EARTH AS WITNESSES AGAINST THEM — But if you ask, “Behold he has already above (Deuteronomy 30:19) called heaven and earth as witnesses: “I call [the heaven and the earth] as witnesses this day against you etc.”?! Then I reply: There he said this to the Israelites (he told them that He would do this), but now he intends to say (Deuteronomy 32:1) “Give ear, O ye heavens, [and I will speak; and hear earth] etc.”, thus calling them as witnesses.

ואעידה בם את השמים ואת הארץ, just as we read in the opening words of that poem in 32,1.

ואעידה בכם את השמים ואת הארץ, “so that I may call upon heaven and earth as witness against you.” Concerning this introductory statement, Moses continued with the words: האזינו השמים וגו' in chapter 32, 1. At this point he merely pointed out that heaven and earth would put their seal on his words at the end of the song in Haazinu. He invited heaven and earth to be present so that at the end of Haazinu they would be in a position to “sign” the document, much as witnesses to documents prepared in court are present during the preparation of the document so that they know what they are signatories to. He had made a similar statement earlier in 30,19. All of these passages were written on the same day. We have a halachah (Maimonides Hilchot Sefer Torah 7,3) that the words ואעידה, etc., have to be written at the top of the column in which the chapter commencing with the song האזינו השמים ואדברה commences. This would be the concluding letter (acronym) of the two words ב)י'ה שמ'ו), which are scattered throughout the Torah as letters which have to be written at the top of a column, i.e. the first letter of a verse respectively. Compare Genesis 49,8, Exodus 14,28; Exodus 34,11; Numbers 24,5, and our verse here commencing with the letter ו in the word ואעידה. I have already referred to this in Parshat Beshalach 14,28 in connection with the word הבאים. The letter ו in the word ואעידה is an allusion to the same letter in the tetragram. It is symbolic of the “heaven” which Moses said he is calling as witness.

And even during his lifetime they were concealed before the day he died, etc. This means that if you were to say that Yehoshua had no control over them, nevertheless he should have blown them, for Moshe was still alive! Therefore Rashi explains that even in his lifetime, etc. In other words, it is understandable if Yehoshua would have control over them after Moshe's death, they would have blown them even on the day that Moshe died. However, since Yehoshua did not have control over them after Moshe's death, it is proper that they be concealed on the day that Moshe died, and Moshe would not use his authority over them on the day of his death to fulfill the verse which states, There is no dominion on the day of death (Koheles 8:8). In other words, the authority that a person has had all his life does not remain on the day of his death. One cannot ask Why were they concealed? Even if they had not been concealed, the [people] would not have blown them. One can answer that even this would be a display of authority, that even though they were still there, Yehoshua was not permitted to use them, and therefore they were concealed. Similarly we find regarding King David of blessed memory, in every place he is mentioned he is referred to as King David. Yet on the day he died it is written, And the days of David drew near to die” (I Melochim 2:1), for this same reason, [because] there is no dominion on the day of death, etc.