מדרש אויף דברים 29:12

(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.”

(Deut. 29:11 [12]:) TO ENTER INTO THE COVENANT WITH THE LORD YOUR GOD, EVEN THROUGH HIS OATH. Three covenants did the Holy One make with Israel: one when they came out of Egypt, one when they stood before Mount Sinai, {one at Horeb,} and one here.⁷Tanh., Deut. 8:3. But why did he make <a covenant> with them here? Because they had {cooked} [revoked] the one which he had made with them <on Sinai>,⁸This identification appears in the parallel from the traditional Tanhuma. 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 on Horeb⁹The 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 me, if I go back on this word. And so you find that, when they provoked the Holy One, they went into captivity. What did Daniel say (in Dan. 7:11)? 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,¹⁰Alah 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 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 change anything for you and your children? It is therefore stated (in Deut. 29:12 [13]): IN ORDER TO ESTABLISH YOU TODAY AS HIS PEOPLE […,] <AS HE SWORE TO YOUR ANCESTORS, TO ABRAHAM, TO ISAAC, AND TO JACOB>. It also says (in Cant. 7:6 [5]): THE KING IS BOUND BY THE TRESSES. Now no one is bound except by an oath. Thus it is stated (in Numb. 30:4 [3]): <WHEN A WOMAN VOWS A VOW TO THE LORD> AND BINDS HERSELF WITH A BOND <….> Therefore, one cannot break his oath.

Rabbi Pinḥas interpreted the verse regarding Israel before Mount Sinai. “And if a person will sin” – “I saw, and, behold, you had sinned” (Deuteronomy 9:16). “And hear the voice of adjuration” – “and His voice we heard from the midst of the fire” (Deuteronomy 5:21). Rabbi Yoḥanan said: They made a commitment between them that He would not disavow them and they would not disavow Him. Rabbi Yitzḥak said: When a king administers an oath to his legions, he administers the oath only with a sword, as though to say, anyone who violates these conditions, this sword will pass over his neck. So too, “Moses took half the blood” (Exodus 24:6).
How did Moses know how much was half the blood? Rabbi Yehuda ben Rabbi Ilai said: The blood divided on its own. Rabbi Natan said: Its appearance changed; half of it became black and half of it was red. Bar Kappara said: An angel descended in the image of Moses and divided it. Rabbi Yitzḥak said: A voice was emerging from Mount Ḥorev and saying: Half the blood is until here. Rabbi Yishmael taught: Moses was well versed in the halakhot of blood, and he divided it.¹⁵Due to his expertise in the halakhot concerning the blood of sacrifices and the fact that he needed to conduct the ceremony at Mount Sinai, Moses was given Divine aid in dividing the blood (see Etz Yosef). “He placed it in the basins [baaganot]” (Exodus 24:6) – Rabbi Huna in the name of Rabbi Avin: It is written baaganat.¹⁶The plural word “basins [baaganot]” is written without the vav and can therefore be read in the singular [baaganat], implying that the basins were as one, in that they were the same size. This one was not larger than that one, and that one was not larger than this one. Moses said before the Holy One blessed be He: ‘What shall be done with Your portion?’ He said to him: ‘Sprinkle it upon the people.’ ‘What shall be done with their portion?’ He said to him: ‘Sprinkle it upon the altar.’ “And half the blood he sprinkled on the altar.”
Rabbi Berekhya and Rabbi Ḥiyya in the name of Rabbi Yosei bar Ḥanina: He took an oath to them and they took an oath to Him. He took an oath to them, “I took an oath to you and entered into a covenant with you; the utterance of the Lord God” (Ezekiel 16:8). They took an oath to Him, to the Holy One blessed be He, as it is stated: “To pass you into the covenant of the Lord your God and into His ala” (Deuteronomy 29:11). From where is it derived that ala is nothing other than an oath? Rabbi Neḥemya and Rav Naḥman of Yafo in the name of Rabbi Yaakov of Caesarea: From this: “The priest shall administer to the woman the oath of the ala” (Numbers 5:21). When they violated the conditions made at Mount Sinai, the Holy One blessed be He said to them: “I, too, will do so to you” (Leviticus 26:16). Rabbi Pinḥas said: It is written: “But they, like men, have violated the covenant” (Hosea 6:7); however, here, “for I am God and not man” (Hosea 11:9).
Rabbi Ahava bar Ze’eira said: It is written: “The Lord has done what He devised” (Lamentations 2:17), just as it is written in His Torah: “I will punish [you] additionally” (Leviticus 26:18). Did He do so? Heaven forbid. Rather, “He implemented His statement” (Lamentations 2:17). What is: “He implemented [bitza] His statement [emrato]”? He made a compromise.¹⁷The word bitza can mean “he halved.” Thus, the verse would be saying that God implemented only half of His statement concerning the punishment to which Israel would be subject. Rabbi Yaakov of Kefar Ḥanin said: He rent [biza] His royal garment.¹⁸Imra is the Aramaic term for the hem of a garment.
Rabbi Berekhya cites it from this: “I will bring upon you a sword avenging the vengeance of the covenant” (Leviticus 26:25). Rabbi Ḥiyya taught: There is vengeance that is for the covenant and vengeance that is not for the covenant. Which is the vengeance that is not for the covenant? Rabbi Azarya and Rabbi Aḥa said in the name of Rabbi Yoḥanan: This is the blinding of the eyes, as they blinded the eyes of the king of Judah,¹⁹The Babylonians blinded Zedekiah, king of Judah (II Kings 25:7). as it is stated: “So said the Lord God: As I live, if not My oath that he scorned [and My covenant that he breached I will place upon his head]” (Ezekiel 17:19) – this is the oath that he took to Nebuchadnezzar.²⁰Zedekiah had violated an oath of allegiance he had taken to Nebuchadnezzar, king of Babylonia. He was punished for this in addition to being punished for violating the covenant between God and Israel. “And My covenant that he breached” – this is the covenant of Mount Sinai. “I will place upon his head” – and the rest of the body was not afflicted? Rabbi Shmuel bar Naḥman in the name of Rabbi Yonatan: This is the blinding of the eyes, which are located on the head.
Once they were exiled to Babylon, they said to Nebuchadnezzar: “Nebuchadnezzar, we have no need [to answer you].… Behold our God.… Behold; if not, let it be known to you, king, that we will not worship your gods” (Daniel 3:16–18).²¹This statement was made by Ḥananya, Mishael, and Azarya in response to Nebuchadnezzar’s threat that if they would not bow to his idol he would have them thrown into a fiery furnace. The Holy One blessed be He said to them:²²Ḥananya, Mishael, and Azarya. “You too, for the blood of your covenant” (Zechariah 9:11), I have remembered that blood that was in Sinai; therefore, “I have released [your prisoners from the pit] in which there is no water” (Zechariah 9:11). Rabbi Pinḥas said: It shall no longer be that “they spilled their blood like water around Jerusalem” (Psalms 79:3).
“And he is a witness” – this is Israel: “You are My witnesses, the utterance of the Lord, and I am God” (Isaiah 43:12). “Who either saw [raa]” – “you have been shown [horeita] in order to know” (Deuteronomy 4:35). “Or knew” – “you shall know this day” (Deuteronomy 4:39). “If he does not tell, he shall bear his iniquity” – if you do not tell of My divinity to the nations of the world, I will exact vengeance against you. When? “When they say to you: Seek the necromancers” (Isaiah 8:19).