Halakhah su Deuteronomio 30:12

Although the Torah itself is immutable, the Sages teach that the interpretation of its many laws and regulations is entirely within the province of human intellect. Torah is divine but "lo ba-shamayim hi—it is not in the heavens" (Deut. 30:12); it is to be interpreted and applied by man. A remarkable corollary to the principle of the immutability of the Torah is the principle that, following the revelation at Sinai, no further heavenly clarification of doubt or resolution of ambiguity is possible. Clarification and elucidation are themselves forms of change. Since there can be no new revelation, a prophet who claims the ability to resolve disputed legal points by virtue of his prophetic power stands convicted by his own mouth of being a false prophet.

However, in my humble opinion, [the scholars of earlier generations,] despite their inferiority when compared to the Torah scholars of [still] earlier generations, and, therefore, their concern lest they rule in error—an error known to Hashem—did not refrain from assuming the obligation to do so. The Torah instructs us, "It is not in heaven" [Deuteronomy 30:12]. Each posek must rule as he sees fit, after meticulous study and analysis of all the relevant texts and prior rulings, to the best of his ability, fully cognizant of the heavy responsibility he has assumed in applying Hashem's Torah to the life of the Jew. If, after all his efforts, his ruling does not concur with that known to Hashem, he may take comfort in the statement of our sages: "Both these and those are the words of our Living Lord" [Eruvin 13a]. If he makes his decision with due diligence, he will be rewarded for his efforts even though he has not divined the real truth.

That consideration, however, is relevant only from the divine perspective; insofar as the obligations of a man to his fellow man are concerned, "[the Torah] is not in Heaven" (Deuteronomy 30:12). Hence the dayyan may be required to compensate the victim of his mistake if, in terms of terrestrial considerations, the dayyan has committed a culpable error. But, since in the eyes of Heaven he is entirely guiltless and a person who is unaware of any harm that he may have caused cannot compensate the victim, Heaven must hold him guiltless in every sense unless he becomes aware of his error. Thus assured, the dayyan has no reason to shirk the duties of his office. The dayyan is dedicated to his sacred calling and, if competent, dare not be dissuaded by fear of potential financial loss.³⁰Regarding the obligation of a qualified scholar not to demur when requested to serve as a dayyan see R. Moses Sofer, Teshuvot Ḥatam Sofer, Ḥoshen Mishpat, no. 169 and this writer’s elucidation of that obligation in Be-Netivot ha-Halakhah, IV (New York, 5771), 180-181. If the dayyan errs, he will dutifully make restitution. His real fear is the fear of inadvertent sin and on that score the biblical verse serves to put his mind at ease.