Parashat Ki Tavo declares: “You have affirmed this day that the Lord is your God, that you will walk in His ways, that you will observe His laws and commandments and rules, and that you will obey Him. And the Lord has affirmed this day that you are, as He promised you, His treasured people who shall observe all His commandments” (Deut. 26:17-18), and “Silence! Hear, O Israel! Today you have become the people of the Lord your God” (27:9).

The words ‘this day’ and ‘today’ appear to constitute a motif repeated throughout the parasha. What do these words signify? The Talmud suggests the following:

R. Judah spoke further in honour of the Torah, expounding the text, Silence! Hear, O Israel! Today you have become the people of the Lord your God. Now was it on that day that the Torah was given to Israel? On the contrary, it was the end of the forty years [of the wandering]! This is teaches that the Torah is as beloved every day to those that study it as on the day when it was given from Mount Sinai (Berakhot 63b).

R. Judah’s homily raises an interesting question. According to tradition, Moses’ address marks his farewell at the end of forty years in the desert. Was it only then that Israel became God’s people? Did they not become God’s people at Sinai? One explanation is offered by the midrash: “God made three covenants with Israel when they left Egypt. One when they stood before Mount Sinai, one at Horeb, and one here. And why did the Holy One make a covenant with them here? Because the covenant that was made at Sinai was breached when they said [of the golden calf] ‘This is your God’. Therefore he made a new covenant with them at Horeb, and established a curse for those who breach their promise” (Midrash Tanhuma (Warsaw) Nitzavim 3).

In his commentary Meshekh Hokhmah, R. Meir Simhah HaKohen of Dvinsk (1843-1926) offers another explanation: “They made the first covenant before they heard the commandments [saying ‘we will do and we will heed’ (Exodus 24:7)], and here it was after they heard all the commandments and the punishments. And that is why it says ‘silence’ – think carefully whether or not you can abide it, and then ‘hear’ – accept the obligation, which is what is meant by the term ‘hear’.”

1. As we learn from the Meshekh Hokhma, at Sinai the people expressed their acceptance in advance, whereas here they agree only after hearing the terms. What other differences are there between the two events? What other need or circumstance might justify renewing the covenant?

2. Is it important to note that the first covenant was made following the Exodus, whereas the second was made prior to entering the Land of Israel? Do the two covenants reflect different approaches to the nature of Israel as God’s people? Do the two covenants suggest different perspectives on the role of the Land of Israel as an element of Jewish identity?

3. According to tradition, ‘this day’ upon which Moses summoned the people was the day of his death, as Rashi comments (29:9): “This teaches us that he convoked them before God to enter into the covenant on the day of his death.” What significance might there be to this tradition that Israel renewed its covenant with God on the day that Moses died?

4. What special significance might attach to the words “But the Lord has not given you a heart to know and eyes to see and ears to hear until this day” (23:3) if ‘this day” is the day of Moses’ death? How did they ‘know’ and ‘see’ and ‘hear’ until that day?