Three Covenants and the Oath of the Curse at Nitzavim

Midrash Tanchuma Buber, Nitzavim 6:1

"To enter into the covenant of the Lord your God, and into His oath" (Deuteronomy 29:11). Three covenants did the Holy One, blessed be He, cut with Israel: one when they went out of Egypt, and one when they stood before Mount Sinai, (and one at Horeb,) and one here. And why did He cut a covenant with them here? Because that one which He had cut with them they had annulled, when they said, "These are your gods, O Israel" (Exodus 32:4). Therefore He went back and cut a covenant with them at Horeb, and He fixed for it a curse for whoever goes back on his words. And the expression "to enter" (la'avor) is only like a person who says to his fellow, "Let this curse pass over me (ta'avor) if I go back on this matter." And so you find: when they provoked the Holy One, blessed be He, and went into exile, what did Daniel say? "And all Israel transgressed (avru) Your Torah […], and there has been poured out upon us the curse (alah) and the oath" (Daniel 9:11). And "alah" is only a curse, as it is said, "And the woman shall become a curse (alah)" (Numbers 5:27)—to teach you that just as one administers an oath to the sotah, so did the Holy One, blessed be He, administer an oath to Israel. And lest you say, "Why all this toil?"—not because I need you, but what shall I do for you, since I have already sworn to your ancestors that I will not exchange you, nor your children, forever. Therefore it is said, "In order to establish you this day as a people for Himself […]" (Deuteronomy 29:12). And it says, "The king is held captive (asur) in the tresses" (Song of Songs 7:6); and "asur" is only an oath, as it is said, "And she binds (asrah) a bond" (Numbers 30:4). Therefore He cannot pass over His oath.

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