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Ta Shma "In frustration, Rabbi Eliezer finally cries out, "If the halakha is in accordance with my opinion, Heaven will prove it." From Heaven a voice is heard, saying, "Why are you differing with Rabbi Eliezer, as the halakha is in accordance with his opinion in every place that he expresses an opinion?" Rabbi Joshua responds, "It [the Torah] is not in heaven" (Deuteronomy 30:12). He responds in this way because the Torah, which was given by God to mankind at Sinai, specifically instructs those who follow it that they are to look to the received Torah as their source and guide. The Torah says, "It is not in heaven, that you should say, 'Who will go up to heaven for us, and get it for us so that we may hear it and observe it?' Neither is it beyond the sea, that you should say, 'Who will cross to the other side of the sea for us, and get it for us so that we may hear it and observe it?' No, the word is very near to you; it is in your mouth and in your heart for you to observe" (Deuteronomy 30:12-14). Rabbi Joshua's response then expresses the view that the work of law is a work of human activity, and that the Torah itself supports this legal theory. The Torah is not a document of mystery which must have its innate meaning revealed by a minority, but it is instead a document from which law must be created through the human activity of debate and consensus. Rabbinic literature was capable of recognizing differing opinions as having a degree of legitimacy (Yer. Ber. 3b), yet the community remains united and the ruling which is ultimately followed comes through proper jurisprudence. As such, Rabbi Eliezer's miraculous appeals represent a differing legal theory and were outside of proper jurisprudence which meant that they would not be followed. Instead the Jewish community followed the ruling of the majority in this issue and in others. The Talmud asks how God responded to this incident. We are told that upon hearing Rabbi Joshua's response, God smiled and stated, "My children have triumphed over Me; My children have triumphed over Me."" https://en.wikipedia.org/wiki/The_Oven_of_Akhnai |