Midras Ulangan 29:13: Midrash Tanchuma, Ein Yaakov (Glick Edition) & Midrash Tanchuma Buber

(Deut. 29:11:) “To enter into the covenant with the Lord your God....” Three covenants did the Holy One, blessed be He, make with Israel when they came out of Egypt, one when they stood before Mount Sinai, (one at Horeb,) and one here. But why did he make [a covenant] with them here? Because they had revoked the one which He had made with them at Sinai, when they said (of the golden calf in Exod. 32:4), “This is your god, O Israel.” For that reason He made [another covenant] with them at Horeb⁵The text should probably read: “With them here,” in accord with Codex Vaticanus Ebr. 34. and established a curse over it for whoever would go back on his words. Now the word, enter (rt.: 'br), [can] only be in the sense of one who says to his companion, “May this curse come (rt.: 'br) upon you, if you go back on me in this thing.” And so you find that, when Israel provoked [the Holy One, blessed be He], and they went into captivity, what did Daniel say (in Dan. 9:11)? “And all Israel has transgressed (rt.: 'br) Your Torah [...] so the curse (alah) and the oath are poured down upon us.” Now alah can only be a curse,⁶Alah can also mean “oath” and “covenant.” as where it is stated (in Numb. 5:27), “and the woman shall become a curse (alah).” [This is] to teach you that just as one imposes an oath on the suspect adulteress, so the Holy One, blessed be He, imposed an oath upon Israel. But perhaps you will say, “Why all this bother?” It is not because I need you? Rather what shall I do to you, when I have already sworn to your ancestors, that I will never replace you and your children? It is therefore stated (in Deut. 29:12), “In order to establish you today as his people […] as he swore to your ancestors.” It [also] says (in Cant. 7:6), “a king is bound by his tresses.” Now bound [indicates] nothing except an oath. Thus it is stated (in Numb. 30:4), “[When a woman vows a vow to the Lord] and binds herself with a bond.” Therefore, He cannot break his oath. And so you find, when they sought to get rid of the yoke of His oath in the days of Ezekiel, it is written (in Ezek: 20:1), “some elders of Israel came to consult the Lord.” They said to him, “When the son of a priest buys a slave, is it legal for him to eat the terumah?”⁷The priestly tithe on produce. He said to them, “He may eat it.” They said to him, “If a priest returned and sold him to an [ordinary] Israelite, has he not left his jurisdiction?” He told them, “Yes.” They said to him, “We too have left the jurisdiction of [the Holy One, blessed be He]; are we not [now] like the all the [rest of the] world?” Ezekiel said to them (in Ezek. 20:32-33), “But that which you have in mind shall never come to pass, that should you say: let us become like the gentiles…. ‘As I live,’ says the Lord God, ‘surely I will [reign] over you with a powerful hand....’” He said to them, “As long as one has not sold [a slave], he is in his jurisdiction; and you have not been sold for a price.” It is so stated (in Is. 52:3), “For thus says the Lord, ‘You were sold for free, [and you shall be redeemed for no money].’” (Deut. 29:12:) “In order to establish you today as his people…,” so that I would not go back on the word that I swore to your ancestors. Deut. 29:13), “And not only with you [have I made this covenant and this oath].” But rather the generations that have yet to come were also there at that time, as stated (in vs. 14), “But with those who are [standing ('md)] here with us [today… and with those who are not here with us today].” R. Abahu said in the name of R. Samuel bar Nahmani, “Why does it say, ‘those who are [standing ('md)] here [...]; and those who are not here’ (without using the word, standing)? Because all the souls were there, [even] when [their] bodies had still not been created. It is for that reason [their] existence (literally, standing, rt.: 'md) is not stated here.” R. Eliezer said, “A curse will come upon Laban, because he said to Jacob (in Gen. 31:30), ‘Why did you steal my gods?’ It (i.e., such an idol) could not save itself from theft. [So] how could it save others? But Israel is not like that, as they serve the Holy One, blessed be He, about whom it is stated (in Deut. 10:21), “He is your praise, and He is your God, [who has done these great and awful things for you that your own eyes have seen].” He [also] watches over Israel like a father who watches over his son, as stated (in Ps. 121:4), “Behold the One keeping Israel shall neither slumber nor sleep.”

(Fol. 38b) Our Rabbis were taught: Also an oath taken by one before the court must be uttered in a language he understands, and the court must say to him the following introduction to the oath: Be aware (Fol. 39) that the entire world trembled when the Holy One, praised be He! spake on the Mount Sinai: (Ex. 20, 7) Thou shalt not take the name of the Lord thy God in vain; likewise concerning all transgressions in the Torah it reads: Venakkei (He will forgive), and concerning a false oath, it reads further, Lo Yenakke (He will not forgive); again, for all other transgressions, only the sinner himself is punished, while here (in the case of an oath) the punishment extends also to his family, as it is said (Ecc. 5, 5) Suffer not thy mouth to bring thy flesh into guilt; and by the expression flesh one's family is meant, as it is said (Is. 58, 7) From thy own flesh. Furthermore, for all other transgressions the sinner himself is alone punished, while in this case the whole world is punished, as it is written (Hos. 4, 2-3) There is false swearing, etc… . therefore shall the land mourn. But perhaps it means that only when the sinner committed all the transgressions mentioned here in Hosea? This cannot be meant, for it is written (Jer. 23, 10) For because of false swearing mourneth the land. Again, the punishment for all other transgressions is, through the merits of the sinner's forefathers, postponed for some two or three generations, but in this case he is punished immediately, as it is said (Zech. 5, 4) I cause it to go forth, saith the Lord of hosts, and it shall enter into the house of the thief, and into the house of him that sweareth falsely in My name; and it shall abide in the midst of his house, and shall consume it with the timber thereof and the stones thereof. I bring it forth, means immediately; it shall enter into the house of the thief, refers to one who steals the mind of the people, e. g., he who has no money with his neighbor, maintains that he has and makes the latter swear; into the house of him who sweareth falsely, is to be taken literally; it shall remain in the midst of his house, etc., from this it may be learned that things indestructible by fire or water are destroyed by false swearing. If after having listened to all this introduction, he says: I will not take the oath, the court sends him away immediately [that he might not reconsider his last decision]; but if he says: I will nevertheless swear, the people present say (Num. 16, 16) Depart, I pray you, from the tents of these wicked. Again, when he is ready to take the oath, the court once more says to him: "Be aware that the oath which you take is not according to your own mind, but to the mind of the Holy One, praised be He! and that of the court," as we find in the case of Moses, our teacher, who, when he made the Israelites swear, said: "You shall be aware that your oath is not of your own mind, but by that of the Holy One, is it is said (Deut. 29, 13-14) And not with you alone, etc… . but with him that is standing here, etc. [It is not meant, those who were only at the Mount Sinai, but all future generations]. Whence do we know that even all proselytes who will embrace Judaism in the future? It is said (Ib.) And also with him that is not here with us. From this we infer only regarding the commandments given in that Mount, but whence do we know regarding all commandments that will be established in the future, such as the reading of the Book of Esther? It is said (Est. 9, 27) The Jews confirmed it as a duty, etc. This means they confirmed a duty imposed upon them in the past. The master said: "The whole world trembled, when the Holy One … "But why? Was it because it was ordained on Sinai? Then, all the ten commandments were given there; and if because it is more rigorous, is it indeed so? Is there not a Mishna: The following are classified as lenient positives and negatives, except Thou shalt not bear the holy name, etc.; rigorous are those under the category of capital punishment and Karath, and the commandment Thou shalt not bear, etc., belongs to these [hence, there are many like swearing]. We must therefore say that concerning all other transgressions the Torah says Venakkei, while concerning thou shalt not bear, Lo Yenakke is applied. But do we not find the same Lo Yenakke in connection with all laws? Behold it is written (Ib. 34) Venakkei lo Yenakke? This is explained by R. Elazar, who said: "It is impossible to say Venakkei (he will forgive) since it is followed by Lo Yenakke (he will not forgive), nor is it possible to say he will not forgive after it reads he will forgive, therefore it must mean, he will forgive the repenters, but not those who do not repent."

(Fol. 38b) Our Rabbis were taught: Also an oath taken by one before the court must be uttered in a language he understands, and the court must say to him the following introduction to the oath: Be aware (Fol. 39) that the entire world trembled when the Holy One, praised be He! spake on the Mount Sinai: (Ex. 20, 7) Thou shalt not take the name of the Lord thy God in vain; likewise concerning all transgressions in the Torah it reads: Venakkei (He will forgive), and concerning a false oath, it reads further, Lo Yenakke (He will not forgive); again, for all other transgressions, only the sinner himself is punished, while here (in the case of an oath) the punishment extends also to his family, as it is said (Ecc. 5, 5) Suffer not thy mouth to bring thy flesh into guilt; and by the expression flesh one's family is meant, as it is said (Is. 58, 7) From thy own flesh. Furthermore, for all other transgressions the sinner himself is alone punished, while in this case the whole world is punished, as it is written (Hos. 4, 2-3) There is false swearing, etc… . therefore shall the land mourn. But perhaps it means that only when the sinner committed all the transgressions mentioned here in Hosea? This cannot be meant, for it is written (Jer. 23, 10) For because of false swearing mourneth the land. Again, the punishment for all other transgressions is, through the merits of the sinner's forefathers, postponed for some two or three generations, but in this case he is punished immediately, as it is said (Zech. 5, 4) I cause it to go forth, saith the Lord of hosts, and it shall enter into the house of the thief, and into the house of him that sweareth falsely in My name; and it shall abide in the midst of his house, and shall consume it with the timber thereof and the stones thereof. I bring it forth, means immediately; it shall enter into the house of the thief, refers to one who steals the mind of the people, e. g., he who has no money with his neighbor, maintains that he has and makes the latter swear; into the house of him who sweareth falsely, is to be taken literally; it shall remain in the midst of his house, etc., from this it may be learned that things indestructible by fire or water are destroyed by false swearing. If after having listened to all this introduction, he says: I will not take the oath, the court sends him away immediately [that he might not reconsider his last decision]; but if he says: I will nevertheless swear, the people present say (Num. 16, 16) Depart, I pray you, from the tents of these wicked. Again, when he is ready to take the oath, the court once more says to him: "Be aware that the oath which you take is not according to your own mind, but to the mind of the Holy One, praised be He! and that of the court," as we find in the case of Moses, our teacher, who, when he made the Israelites swear, said: "You shall be aware that your oath is not of your own mind, but by that of the Holy One, is it is said (Deut. 29, 13-14) And not with you alone, etc… . but with him that is standing here, etc. [It is not meant, those who were only at the Mount Sinai, but all future generations]. Whence do we know that even all proselytes who will embrace Judaism in the future? It is said (Ib.) And also with him that is not here with us. From this we infer only regarding the commandments given in that Mount, but whence do we know regarding all commandments that will be established in the future, such as the reading of the Book of Esther? It is said (Est. 9, 27) The Jews confirmed it as a duty, etc. This means they confirmed a duty imposed upon them in the past. The master said: "The whole world trembled, when the Holy One … "But why? Was it because it was ordained on Sinai? Then, all the ten commandments were given there; and if because it is more rigorous, is it indeed so? Is there not a Mishna: The following are classified as lenient positives and negatives, except Thou shalt not bear the holy name, etc.; rigorous are those under the category of capital punishment and Karath, and the commandment Thou shalt not bear, etc., belongs to these [hence, there are many like swearing]. We must therefore say that concerning all other transgressions the Torah says Venakkei, while concerning thou shalt not bear, Lo Yenakke is applied. But do we not find the same Lo Yenakke in connection with all laws? Behold it is written (Ib. 34) Venakkei lo Yenakke? This is explained by R. Elazar, who said: "It is impossible to say Venakkei (he will forgive) since it is followed by Lo Yenakke (he will not forgive), nor is it possible to say he will not forgive after it reads he will forgive, therefore it must mean, he will forgive the repenters, but not those who do not repent."