1 These are the words of the covenant, which the Lord commanded Moses to make with the children of Israel in the land of Moab, beside the covenant which he made with them in Horeb.
2 And Moses called unto all Israel, and said unto them, Ye have seen all that the Lord did before your eyes in the land of Egypt unto Pharaoh, and unto all his servants, and unto all his land;
3 The great temptations which thine eyes have seen, the signs, and those great miracles:
4 Yet the Lord hath not given you an heart to perceive, and eyes to see, and ears to hear, untill this day.
5 And I have led you forty years in the wilderness: your clothes are not waxen old upon you, and thy shoe is not waxen old upon thy foot.
6 Ye have not eaten bread, neither have ye drunk wine or strong drink: that ye might know that I am the Lord your God.
7 And when ye came unto this place, Sihon the king of Heshbon, and Og the king of Bashan, came out against us unto battle, and we smote them:
8 And we took their land, and gave it for an inheritance unto the Reubenites, and to the Gadites, and to the half tribe of Manasseh.
9 Keep therefore the words of this covenant, and do them, that ye may prosper in all that ye do.
10 Ye stand this day all of you before the Lord your God; your captains of your tribes, your elders, and your officers, with all the men of Israel,
11 Your little ones, your wives, and thy stranger that is in thy camp, from the hewer of thy wood unto the drawer of thy water:
12 That thou shouldest enter into covenant with the Lord thy God, and into his oath, which the Lord thy God maketh with thee this day:
13 That he may establish thee to day for a people unto himself, and that he may be unto thee a God, as he hath said unto thee, and as he hath sworn unto thy fathers, to Abraham, to Isaac, and to Jacob.
14 Neither with you only do I make this covenant and this oath;
15 But with him that standeth here with us this day before the Lord our God, and also with him that is not here with us this day:
16 (For ye know how we have dwelt in the land of Egypt; and how we came through the nations which ye passed by;
17 And ye have seen their abominations, and their idols, wood and stone, silver and gold, which were among them:)
18 Lest there should be among you man, or woman, or family, or tribe, whose heart turneth away this day from the Lord our God, to go and serve the gods of these nations; lest there should be among you a root that beareth gall and wormwood;
19 And it come to pass, when he heareth the words of this curse, that he bless himself in his heart, saying, I shall have peace, though I walk in the imagination of mine heart, to add drunkenness to thirst:
20 The Lord will not spare him, but then the anger of the Lord and his jealousy shall smoke against that man, and all the curses that are written in this book shall lie upon him, and the Lord shall blot out his name from under heaven.
21 And the Lord shall separate him unto evil out of all the tribes of Israel, according to all the curses of the covenant that are written in this book of the law:
22 So that the generation to come of your children that shall rise up after you, and the stranger that shall come from a far land, shall say, when they see the plagues of that land, and the sicknesses which the Lord hath laid upon it;
23 And that the whole land thereof is brimstone, and salt, and burning, that it is not sown, nor beareth, nor any grass groweth therein, like the overthrow of Sodom, and Gomorrah, Admah, and Zeboim, which the Lord overthrew in his anger, and in his wrath:
24 Even all nations shall say, Wherefore hath the Lord done thus unto this land? what meaneth the heat of this great anger?
25 Then men shall say, Because they have forsaken the covenant of the Lord God of their fathers, which he made with them when he brought them forth out of the land of Egypt:
26 For they went and served other gods, and worshipped them, gods whom they knew not, and whom he had not given unto them:
27 And the anger of the Lord was kindled against this land, to bring upon it all the curses that are written in this book:
28 And the Lord rooted them out of their land in anger, and in wrath, and in great indignation, and cast them into another land, as it is this day.
29 The secret things belong unto the Lord our God: but those things which are revealed belong unto us and to our children for ever, that we may do all the words of this law.
[4] KJV 'unto this day' has been mistranslated to read 'even until this day', or ex. ESV “But to this day the Lord has not given you…”. The meaning has therefore been changed away from a giving of understanding to a removal or denial of understanding; but this is not the meaning, see v.6 “… that you may know that I am the Lord your God.”, v.9 “Therefore keep the words of this covenant and do them, that you may prosper[c] in all that you do.” and v.12 “12 so that you may enter into the sworn covenant of the Lord your God, which the Lord your God is making with you today, 13 that he may establish you today as his people, and that he may be your God, as he promised you, and as he swore to your fathers, to Abraham, to Isaac, and to Jacob”, v.16, etc. to corroborate the correct meaning. Also see similar confusing language extant from KJV Exodus 34:33-34.
[4] Exo 34:33-34
h.ולא נתן ה' לכם לב לדעת YET THE LORD HATH NOT GIVEN YOU A HEART TO KNOW — i.e. to understand the loving-kindnesses of the Omnipresent and to cleave unto Him.
h.עד היום הזה UNTO THIS DAY — I have heard that on the day when Moses gave the Book of the Law to the sons of Levi, as it is written, (Deuteronomy 31:9) “And he gave it to the priests the sons of Levi”, all Israel came before Moses and said to him: Teacher Moses, we, too, stood at Sinai and accepted the Torah, and it was given to us; why, then, do you give the people of your tribe control over it, that they may tomorrow say to us, “Not to you was it given, but to us was it given”? Moses rejoiced at this matter and in reference to this he said to them, (Deuteronomy 27:9) “This day have you become the people [of the Lord thy God]”, meaning, Only this day have I come to understand that you are attached to and have a desire for the Omnipresent.
h.ותבאו אל המקום הזה AND YOU CAME TO THIS PLACE — Now you see yourselves in greatness and glory (you have defeated Sihon and Og); do not rebel against the Omnipresent nor let your hearts be proud, ושמרתם את דברי הברית הזאת BUT KEEP THE WORDS OF THIS COVENANT. — Another explanation of AND THE LORD HAS NOT GIVEN YOU A HEART TO UNDERSTAND [UNTO THIS DAY] — for no-one can fathom the depths of his teacher’s mind nor the wisdom of his teaching until after forty years of study under him. Therefore the Omnipresent has not dealt with you so strictly until this day (after forty years’ instruction of the Torah), but from now and onward He will deal strictly with you — therefore ושמרתם את דברי הברית הזאת וגו׳ KEEP THE WORDS OF THIS COVENANT etc. (Avodah Zarah 5b).
h.אתם נצבים YE ARE STANDING THIS DAY [ALL OF YOU BEFORE THE LORD] — This teaches that Moses assembled them in the presence of the Omnipresent on the day of his death, in order to initiate them into a covenant with Him.
h.ראשיכם שבטיכם means as much as ראשיכם לשבטיכם YOUR HEADS OF YOUR TRIBES.
h.זקניכם ושטריכם YOUR ELDERS AND YOUR OFFICERS — The more prominent were in front (i.e. they stood before the Lord in the order of their rank), and afterwards: “all the men of Israel”.
h.מחטב עציך FROM THE WOODCUTTER [UNTO THE DRAWER OF THE WATER] — This teaches that some of the Canaanites came in Moses' days to become proselytes just as the Gibeonites came in the days of Joshua, — and this is the meaning of what is stated of the Gibeonites, (Joshua 9:4) “And they also acted cunningly”; — and Moses made them woodcutters and drawers of water (cf. Midrash Tanchuma, Nitzavim 2).
h.לעברך means THAT THOU SHOULDEST PASS [INTO THE COVENANT]. It would not, however, be correct to explain it as meaning “to make thee pass” (when the suffix would be objective), but it must be explained like (Deuteronomy 4:14) לעשתכם אתם, “that ye may do them”.
h.לעברך בברית THAT THOU SHOULDEST PASS INTO THE COVENANT — The way of “passing” was as follows: those who made a covenant used to make a partition (i.e. used to place objects in a straight line) on one side and a partition on the other and passed between them, as it is said, (Jeremiah 34:18—20) “[And I will give the men which have not performed the words of the covenant which they made before Me] when they cut the calf in two, and passed between the parts thereof … [into the hands of their enemies]”.
h.למען הקים אתך היום לו לעם THAT HE MAY ESTABLISH THEE TO-DAY FOR A PEOPLE UNTO HIMSELF — He undertakes so much trouble (in making another covenant with you) in order that He may keep (הקים) you for a people in His presence,
h.והוא יהיה לך לאלהים SINCE HE MUST BE UNTO THEE A GOD, because He has promised it unto you and has sworn unto your fathers not to exchange their descendants for another nation. For this reason He binds you by these oaths not to provoke Him to anger since He, on His part, cannot dissociate Himself from you. — Thus far I have given an exposition according to the literal sense of the chapter. An Agadic explanation, however, is: Why is the section beginning with the words, “Ye are standing this day” put in juxtaposition to the curses in the previous chapter? Because when Israel heard these ninety-eight curses besides the forty-nine that are contained in Torath-Cohanim (Leviticus 26:14 ff.), their faces turned pale (they were horrified), and they exclaimed, “Who can possibly stand against these?!” Therefore Moses began to calm them: “See, you are standing today before the Lord!” — many a time have you provoked the Omnipresent to anger and yet He has not made an end to you, but you still continue in His presence (Midrash Tanchuma, Nitzavim 1).
h.היום THIS DAY — like the “day” which endures for ever, for though it becomes dark for a period it shines again, (cf. Midrash Tanchuma, Nitzavim 1, Sanhedrin 110b); so has He made you shine (i.e. given you periods when you have had nought but happiness) and will again make you shine; and it is just the curses and the sufferings that give you permanence and stability (נצבים) before Him. — So, too, the section preceding this (1 ff. which follows immediately after the curses) consists of comforting words: “Ye have seen all the Lord did [before your eyes in the land of Egypt unto Pharaoh, etc.]”. — Another explanation of אתם נצבים: Because the Israelites were now passing from one leader to another, from Moses to Joshua, therefore he (Moses) made them stand in ranks (מצבה) that he might address admonitions to them. Similarly did Joshua (cf. Joshua 24:1) and similarly did Samuel, who said, (I Samuel 12:7): “Now therefore take your stand (התיצבו) that I may reason with you before the Lord”, when they were leaving his hand (leadership) and were coming under the hand of Saul (cf. Midrash Tanchuma, Nitzavim 1).
h.ואת אשר איננו פה [NOT WITH YOU ALONE DO I MAKE THIS COVENANT … BUT WITH HIM THAT STANDETH HERE …] AND ALSO WITH HIM THAT IS NOT HERE — i.e. with the generations that will be in future (i.e. Moses is not referring to persons who happened to be absent from the assembly, for it states, v. 10, that all were present: “You are standing this day all of you before the Lord”) (Midrash Tanchuma, Nitzavim 3).
h.כי אתם ידעתם וגו׳ FOR YE KNOW [HOW WE HAVE ABODE IN THE LAND OF EGYPT] etc. — The meaning of these verses is: Because you have seen the conduct of the other nations, and perhaps the heart of one of you might beguile him to follow them, — as it goes on to state, “Lest there should be among you a man, or a woman … [whose heart turneth away this day from the Lord]”, — on this account I must place you under an oath.
h.ותראו את שקוציהם AND YE HAVE SEEN THEIR ABOMINABLE THINGS — Idols are so termed because they are loathsome like unclean things that are held in abomination.
h.גלליהם THEIR IDOLS — thus termed because they are detestable (lit., malodorous) and loathsome like dung (גלל).
h.עץ ואבן [AND YE HAVE SEEN … THEIR IDOLS] WOOD AND STONE — Those of wood and stone you have seen exposed openly, because the heathen was not afraid lest they might be stolen; those of gold and silver, however, ARE WITH THEM (עמהם), in their “marbled halls” (cf. Rashi on Exodus 8:12 whence he borrowed this expression), because they were afraid they might be stolen (Midrash Tanchuma, Nitzavim 3).
h.פן יש בכם means PERHAPS (שמא = פן) THERE IS AMONG YOU,
h.אשר לבבו פנה היום [A MAN …] WHOSE HEART TURNETH AWAY THIS DAY from accepting the covenant upon himself,
h.שרש פרה ראש ולענה [PERHAPS THERE IS AMONG YOU] A ROOT THAT IS FRUITFUL IN POISONOUS HERB AND WORMWOOD — i.e. a root that brings forth herbs bitter as wormwood-plants, which are very bitter. The meaning is: Lest there be a man or woman or family or tribe that fruitfully produces and increases wickedness in your midst.
h.והתברך בלבבו AND HE BLESS HIMSELF IN HIS HEART — The word והתברך has the meaning of “blessing”. In his heart he will imagine for himself a blessing of peace, saying, “These curses will not come upon me, I shall have peace”.
h.והתברך is benoir soi in old French, i.e. the verb is reflexive like והתגלח, “he shall shave himself”, והתפלל, he shall pray lit., he shall make himself the object of intercession.
h.בשררות לבי אלך means IN THE VIEWS OF MY HEART WILL I WALK, שררות being of a root which means to look, to see, as (Numbers 25:17): “I shall see him (אשרנו), but not now”; it is as much as to say, I will follow what my heart sees good to do.
h.למען ספות הרוה TO ADD DRUNKENNESS [TO THE THIRST] — In order that I may add punishment for him even for the sins he has committed until now inadvertently (for which the figurative expression in this sentence is הרוה, drunkenness: cf. the following passage in Rashi), and which I used to overlook; — but now he causes Me to combine them with those committed with premeditation and to exact punishment from him for everything. Onkelos, too, rendered it in a similar sense: “in order to add for him the sins of inadvertence to those of premeditation”, which can only mean. “In order that “I” may add sins of inadvertence to those of presumption”.
h.הרוה DRUNKENNESS figuratively describes the condition of a שוגג, one who acts inadvertently. The expression is an apt one because he acts like a drunken man who does things unwittingly,
h.הצמאה THE THIRST aptly describes the attitude of one who acts wittingly and out of desire.
h.יעשן אף ה׳ THE ANGER OF THE LORD SHALL SMOKE [AGAINST THAT MAN] — Through anger the body becomes heated and smoke, as it were, issues from the nostrils. And thus does it state, (Psalms 18:9) “Smoke rose up in his nostril”. Although this idea is not really applicable to God, Scripture makes the human ear hear the matter (i.e. it tells it to him) in the manner that it is accustomed and able to understand according to the ordinary course of the world (i.e. when speaking of God it uses language that properly is applicable only to human beings because this the only language we have at our command).
h.וקנאתו — This is a term denoting wrath, emportment in old French; it means: retaining one’s hold on the 'garment of vengeance', and not forgoing one’s right to punish.
h.הכתובה בספר התורה הזה — Above, however, (Deuteronomy 28:61) it says: And every sickness and every plague … [which is not written] הזאת) בספר התורה הזאת the feminine form, whilst here we have הזה, the masculine)?! But the explanation is: הזאת, the feminine form, refers to the feminine word התורה, whilst הזה, the masculine form, refers to the masculine word הספר in our text. Through the division into clauses by means of the tonic accents (which serve also as marks of interpunctuation) they (the two phrases) are shown to be two different expressions: in the chapter containing the curses (ch. Deuteronomy 28:61) the Tipcha (a disjunctive accent) is placed beneath the word בספר, and the words התורה הזאת are connected one with the other, therefore it says הזאת, the feminine form, (since it has to be connected with a feminine noun), whilst here the Tipcha is placed beneath the word התורה, and consequently the words ספר התורה are connected one with the other (i.e. they form one phrase), — therefore it is a masculine word that is applicable after it, because the term (the pronoun) refers to הספר (which is masculine).
h.לא ידעום [FOR THEY … SERVED OTHER GODS] WHOM THEY KNEW NOT — i.e. in whom they had never experienced any Divine power.
h.ולא חלק להם means, He did not give them (the gods) to be their portion (cf. Rashi on Deuteronomy 4:19). Onkelos, however, renders it by לא אוטיבא להון, i.e. they did not bestow upon them any good. As for the expression לא חלק, Onkelos took it thus, explaining also the singular form of the verb: that god which they have chosen for themselves has never given them any חלק, any inheritance or portion.
h.ויתשם ה׳ — Understand this as the Targum has it: וטלטלינון, “and He cast them out”. Similar is, (Jeremiah 12:14) “Behold, I cast them out (נתשם) from their land”.
h.הנסתרת לה' אלהינו THE SECRET THINGS BELONG UNTO THE LORD OUR GOD — And if you say, “But what can we do? Thou threatenest the many (the whole community) with punishment because of the sinful thoughts of one individual, as it is said, (v. 17): “Lest there should be among you a man, [or a woman or a family … whose heart turneth away this day from the Lord …]”, and afterwards it states, (v. 21) “And they will see the plagues of that land”. But surely no man can know the secret thoughts of his fellow! Now, I reply: I do not threaten to punish you because of secret thoughts for these belong to the Lord our God and He will exact punishment from that individual; but those things which are revealed belong to us and to our children that we may put away the evil from our midst; and if we do not execute judgment upon them, the whole community will be punished. — There are dots on the words לנו ולבננו to suggest that even for the revealed sins (those committed openly), He did not punish the community until they had crossed the Jordan — from the moment when they took upon themselves the oath on Mount Gerizim and Mount Ebal and had thus become responsible for one another (Sanhedrin 43b; cf. Sotah 37b).