Two Paths Of Return
אתם נצבים כו' פרש"י שכינסם וזרזן כשיצאו מרשותו כו'
"You are standing" (Devarim 29:9) — Rashi explains that Moshe Rabbeinu gathered them together and roused them at the time when they were departing from his authority.
The piece opens with Rashi's comment that Moshe Rabbeinu assembled Bnei Yisrael and strengthened them precisely as they were leaving his direct leadership before his passing.
כי הנה מתחלה היו ב"י בחי' צדיקים גמורים
For behold, at the very beginning Bnei Yisrael were on the level of perfectly righteous tzaddikim.
Originally Bnei Yisrael stood at the lofty rung of complete tzaddikim who had never sinned.
ואחר החטא נעשו בע"ת
And after the sin they became baalei teshuvah.
Once they sinned, their standing shifted and they became baalei teshuvah who return to Hashem.
ואותו הדור הוצרך להכין ב' המדרגות בעבור כל הדורות
And that generation needed to prepare both of these levels on behalf of all the generations.
That generation had to lay down both spiritual pathways — that of the tzaddik and that of the baal teshuvah — as a foundation for every later generation.
וז"ש לא נפלאת היא כו' לא בשמים היא בחי' הראשונה שזכו להוריד תורה מן השמים
And this is what the verse means, "It is not hidden from you... it is not in the heavens" (Devarim 30:11-12) — this refers to the first level, that they merited to bring down the Torah from the heavens.
The phrase "it is not in the heavens" points to the first path: Bnei Yisrael merited to draw the Torah down from on high into this world.
מה שהי' מקודם נפלא ומכוסה מעוה"ז
That which had earlier been wondrous and concealed from this world.
What had once been lofty and hidden away from this world was now made accessible.
ואח"כ לא רחוקה היא בחי' בעלי תשובות כלומר שהכין שא"י ח"ו להיות מרוחק לגמרי
And afterward, "nor is it far off" — this refers to the level of baalei teshuvah, meaning that Hashem prepared things so that a person, chas v'shalom, should never become entirely distant.
The phrase "nor is it far off" points to the path of the baal teshuvah, showing that Hashem arranged matters so no Jew need ever fall completely beyond reach.
וזה הרמז לא מעבר לים הוא כענין שכ' במדרש ואתחנן וים רחוקים היא תשובה שדומה לים שפתוח תמיד
And this is the allusion in "it is not across the sea" (Devarim 30:13), like that which is written in the Midrash on Va'eschanan, "and far-off seas" — this is teshuvah, which is compared to the sea, for it is always open.
The verse "it is not across the sea" hints, as the Midrash teaches, that teshuvah is like the sea, whose gates are always open to receive a person.
זהו בפיך ובלבבך
This is the meaning of "it is in your mouth and in your heart" (Devarim 30:14).
Both paths are captured in "it is in your mouth and in your heart" — mouth for one level, heart for the other.
כי הצדיק יש לו כח בפה ותגזור אומר ויקם
For the tzaddik has the power of speech, "and you shall decree a matter and it shall be fulfilled" (Iyov 22:28).
The tzaddik possesses the power of holy speech, whereby his very word takes effect and is fulfilled.
וגם מי שחטא ואין לו כח להוציא אל הפועל מ"מ בלבבך
And even one who has sinned and does not have the power to bring it forth into actuality, nevertheless "in your heart."
One who has sinned may lack that power of effective speech, yet the path of "in your heart" remains fully open to him.
כמ"ש והגיון לבי לפניך אפי' מה שא"י להוציא מכח אל הפועל הש"י ימינו פשוטה לקבל שבים:
As it is written, "and the meditation of my heart before You" (Tehillim 19:15) — even that which one is unable to bring out from potential into actuality, Hashem's right hand is extended to receive those who return.
Even the longing of the heart that a person cannot translate into action is precious, for Hashem's right hand stays outstretched to receive those who return to Him.
Summary: The Sfas Emes opens with Rashi's teaching that Moshe Rabbeinu gathered Bnei Yisrael and roused them as they departed from his leadership. He explains that Bnei Yisrael first stood as complete tzaddikim and, after sinning, became baalei teshuvah, and that this generation had to establish both pathways for all future generations. The verses of "it is not hidden" describe these two avodos: "not in the heavens" reflects the tzaddik who drew the Torah down from above, while "nor is it far off" and "not across the sea" reflect teshuvah, which is like the ever-open sea so that no Jew is ever wholly distant. Both rungs are held in the words "in your mouth and in your heart" — the tzaddik whose speech takes effect, and the baal teshuvah whose heart's yearning suffices, for even what he cannot bring into action is received by Hashem's outstretched right hand.