Les Psaumes 8:3 Midrash : Otzar Midrashim, Mekhilta DeRabbi Yishmael, Midrash Tanchuma & Shir HaShirim Rabbah

15) The sages said: The Torah was created two thousand years before the universe was created, as it is said, "And I was with him a confidant, I was delightful day after day, having fun before Him" (Proverbs 8:30) — and we've already found that the day of the Holy Blessed One is a thousand years as it is said, "For a thousand years in Your eye is like yesterday gone" (Psalms 90:4). And the Torah would be annoyed before the Holy Blessed One and say, "Why was I created two thousand years before the universe was created? Will You not give me to humanity?" The ministering angels said to it, "We are restraining you because people in the future will sin, and thus it is better that you be with us."^{Note in text}This is not an explanation for the Torah's question of why it was created two thousand years before creation, because at the time the angels had not yet been created. Perhaps the Holy Blessed One's answer is missing here, and the angels' restraint was in the time of the giving of the Torah. At that time the Torah would having fun before the LORD, as it is said, "having fun before Him," and the Holy Blessed One would say to the angels, "the Torah is making fun of you, saying, what is the Torah to you? Were you enslaved to Pharaoh? Do you eat and drink? Is there an impure thing among you? And why do you want the Torah? You have no need to receive the Torah, but a human who receives impurity must atone for himself, and fix it, and purify his soul." Immediately they all were silenced, until Moshe came and was victorious over them with this answher, and gave the Torah to Israel in joy. And before giving the Torah to His people Israel the Holy Blessed One came to every nation and language to give them the Torah, so as not to give them an opening for the future to come, to say "If it happened to us that the Holy Blessed One were to give us the Torah we would have received it!" He went by the children of Esau. He said, "Will you take the Torah?" They said to him, "What is written in it?" He said to them, "You will not murder." They all answered and said, "You want to uproot the blessing with which Esau our father was blessed from us!? As it is written, 'By your sword you will live' (Genesis 27:40). We do not wish to receive it!" He went by the children of Lot ('Ammon and Moav). He said to them, "Will you take the Torah?" They said to him, "What is written in it?" He said to them, "You will not commit adultery." They said, "From adultery we came! We do not wish to receive it!" He also went by the children of Ishmael. He said to them, "Will you take the Torah?" They said to him, "What is written in it?" He said to them, "You will not steal." They said, "You want to uproot the blessing with which Esau our father was blessed from us!? As it is written, 'his hand against all and the hand of all against him' (Genesis 16:12). We do not wish to receive your Torah!" Immediately the Holy Blessed One went around to all the nations of the universe, but they did not want to take it. And after that He went by Israel. He said to them, "Will you take the Torah?" They said before him, "What is written in it?" He said to them, "Six hundred and thirteen commandments." They said, "All that the LORD has spoken we will do and hear!" (Exodus 24:7) Immediately a hundred and twenty thousand angels came down and tied to each of them two crowns, one corresponding to "we will do" and one corresponding to "we will hear," and they received the Torah in joy. And when He gave Israel the Torah, He said to them, "Give me guarantors that you will uphold it." They said before him, "Behold, Avraham will be guarantor for us!" He said to them, "he is liable for Ishmael, who will in the future kill My children with thirst." They said to him, "Here is Yitzḥaq!" He said to them, "He is liable to Me for he loved Esau who hated me." They said, "Behold Ya'aqov!" He said to them, "He is guilty to Me because he did not fulfill his vow upon leaving Paddan Aram." They said before Him, "Here are our children!" Immediately the Holy Blessed One said, "Give me those guarantors and I will receive them." Immediately the children of Israel brought their wives with their suckling babies and their fetuses, and the Holy Blessed One made their bellies like glass, and they spoke with Him. He said to them, "See that I wish to give the Torah to your parents, and you are guarantors for them that they will fulfill it." They said to him, "Yes." He said to them, "I am the LORD your God who brought you out!" They said to him, "Yes." "You will not have any other gods!" They said to him, "No." "You will not take the name of the LORD your God in vain! They said to him, "No." And thus they answered him, for the yesses "yes" and for the nos "no." And from where do we derive that in the embryos in their mothers' gullets and the mouths of babies is the Torah founded? As it is said, "From the mouths of infants and babies You founded strength" (Psalm 8:3), and strength is only Torah, as it is said, "The LORD gives strength to His people" (Psalm 29:11). And when the Holy Blessed One saw Israel intending with all their hearts, out of great love hurrying to receive the Torah, He praised them and called them content, as it is said, "Content are you, Israel, who is like you?" (Deuteronomy 23:29)

R. Yossi says (Psalms 8:3) "From the mouths of olelim and yonkim You have founded strength. "olelim" — infants in their mothers' womb, as in (Iyyov 3:16) "Why was I not like a buried stillbirth, like olelim who never saw the light"? "yonkim" — those who seek their mothers' breasts, as in (Joel 2:16) "Gather olelim and suckers ("yonkei") of the breasts."

When the Holy One, blessed be He, was about to give the Torah to Israel, He asked: “Will ye accept My Torah?” “Indeed,” they replied. “Then give me a surety that you will fulfill it,” He said. “Abraham, Isaac, and Jacob will be our surety,” they answered. Whereupon He responded: “Your patriarchs required guarantors for themselves, since Abraham said: Whereby shall I know that I shall inherit it? (Gen. 15:8); while Isaac loved the one I hated, as it is written: But Esau, I hate (Mal. 1:3); and Jacob declared: My way is hid from the Lord (Isa. 40:27).” “Then our children shall be our guarantors,” they exclaimed. The Holy One, blessed be He, immediately accepted them as sureties and gave the Torah to Israel, as it is said: Out of the mouth of babes and sucklings hast thou found strength (Ps. 8:3). Therefore, whenever Israel neglects the Torah, the Holy One, blessed be He, exacts punishment from the sureties, as is said: Thou hast forgotten the law; I will also forget thy children (Hos. 4:6).