Midrasch zu Dewarim 4:26

(Deut. 32:1:) GIVE EAR, O HEAVENS, AND LET ME SPEAK; LET THE EARTH HEAR THE WORDS OF MY MOUTH. This text is related (to Prov. 16:26): THE SOUL OF A LABORER LABORS FOR HIM, BECAUSE HIS MOUTH (i.e., hunger) URGES HIM ON. Why did Moses call to the heavens and the earth at the time of his passing away?¹Tanh, Deut. 10:2. <It was> simply to teach you that he called them to charge them concerning himself. He said to them: Behold, the Holy One has decreed over me that I am to die. Set your mind on how you will receive me in glory, so that you look at me, as if I were alive and speaking words of Torah for the world. (Deut. 32:1:) GIVE EAR, O HEAVENS to what I have already told you (in Deut. 4:26): I HAVE CALLED HEAVEN AND EARTH TO WITNESS AGAINST YOU TODAY. See to it that you do not accuse²Rt.: QTRG, from the Greek verb kategorein. Israel after my death,³See III Enoch 26:12 = Sefer Enoch: Seder Ruhot, in A. Jellinek, Beth ha-Midrasch (Leipzig: C. W. Vollfath, 1853–57), vol. 5, pp. 179–180. but be mindful in this way, as if I were alive, standing up to ask mercy for Israel.

(Deut. 4:25:) WHEN YOU HAVE BEGOTTEN CHILDREN AND CHILDREN'S CHILDREN. This text is related (to Is. 46:10): DECLARING THE END FROM THE BEGINNING. When Moses arrived at passing from the world, the Holy One declared to him what Israel was going to do after the death of Joshua. Thus it is stated (in Deut. 31:16): THE LORD SAID UNTO MOSES: BEHOLD, YOU ARE SOON TO SLEEP WITH YOUR ANCESTORS. THEN THIS PEOPLE WILL ARISE AND GO WHORING AFTER THE ALIEN GODS OF THE LAND. For that reason Moses warned them (in Deut. 31:29): FOR I KNOW THAT AFTER MY DEATH YOU WILL SURELY ACT CORRUPTLY. But they said to him: We will not do this thing. He said to them: You are going to beget CHILDREN AND CHILDREN'S CHILDREN and forget the name of the Holy One, as stated (in Deut. 4:26; 30:19): I HAVE CALLED THE HEAVENS AND THE EARTH TO WITNESS AGAINST YOU TODAY…. Ergo (in Is. 46:10): DECLARING THE END FROM THE BEGINNING.

(Deut. 32:1:) “Give ear, O heavens, and let me speak; let the earth hear the words of my mouth.” This text is related (to Prov. 16:26), “The soul of a laborer labors for him, because his mouth (i.e., hunger) urges him on.” Why did Moses call to the heavens and the earth at the time of his passing away? [It was] simply to teach you that he called them to charge them concerning himself. He said to them, “Behold, the Holy One, blessed be He, has decreed over me that I am to die. Set your mind on how you will receive me in glory, so that you look at me as if I were alive and speaking words of Torah for the world.” (Deut. 32:1:) “Give ear, O heavens,” as I have already told you (in Deut. 4:26), “I have called heaven and earth to witness against you today.” See to it that you do not accuse¹Rt.: QTRG, from the Greek verb kategorein. Israel after my death,²See III Enoch 26:12 = Sefer Enoch: Seder Ruhot, in A. Jellinek, Beth ha-Midrasch (Leipzig: C. W. Vollfath, 1853–57), vol. 5, pp. 179–180. but be mindful, as if I were alive, standing up to ask mercy for [Israel]. Isaiah said (in Is. 1:2), “Hear, O heavens, and give ear, O earth.” What was the reason for Isaiah saying, “Hear, O heavens, and give ear, O earth?” [It was] simply to teach you that all the words of the prophets are equivalent. Moses said, “Give ear, O heavens,” and Isaiah said, “Hear, O heavens.” R. Aqiva said, “[This] teaches that when Moses uttered the Torah, he was in the heavens, and that he was speaking with the heavens like one who is speaking with his friend, since he said, ‘Give ear, O heavens.’ But when he saw that the earth was far from him, he said, ‘Let the earth hear the words of my mouth.’ In the case of Isaiah, however, because he was on earth, he said, ‘Hear, O heavens,’ [since they were] far from him. After that he said, ‘And give ear, O earth, because it was near to him. (Is. 1:2, cont.:) “For the Lord has spoken.” They said to him, “Isaiah our teacher, if the Holy One, blessed be He, had spoken, would not the earth have quaked? Has it not already been stated (in Ps. 68:9), ‘The earth quaked, and the heavens [poured], because of the God of Sinai, [because of God, the God of Israel].’ The waters also trembled, as stated (in Ps. 93:4), ‘Than the roarings of many waters....’ When? [When] (in Exod. 20:1) ‘God spoke all these words, saying.’ If he had spoken with you, would you have lived?” It is comparable to a governor who entered a city. A prefect³Gk.: strategos. of that city came. When the governor came to speak with them, they became bewildered. In a few days, a certain bumpkin came. He said to them, “This is my friend, and I am accustomed to speak with him.” They said to him, “We cannot speak with him, but if he is your friend, speak with him on our behalf, and then [speak] with us [and let us know what he says].” [Similarly,] Israel said to Isaiah, “In our case he has called us his children, as stated (in Exod. 4:22), ‘Israel is My first-born son.’ It is also written (in Is. 46:3), ‘[Hearken unto me, O house of Jacob …,] the ones who have been borne by Me from birth, [carried from the womb].’ When He spoke with us at Sinai, our soul departed with His word. Should He speak with us [again], we shall die. But you are our master; draw near and listen, just as Moses our master did.” And what was this crown (status) that Isaiah had? What is stated (in Is. 49:5), “And now the Lord has spoken, the One who formed me in the womb to be His servant […].” Therefore is it stated (in Is. 32:1:) “Hear, O heavens….”