שמות, פרק ל״ד, פסוק כ״ז

Following the devastating fracture caused by the sin of the Golden Calf, it became necessary to rebuild the relationship between God and the Israelites. The conditions of this renewed covenant had to be firmly established for all future generations. God instructed Moses to document these terms, sparking a discussion regarding exactly what was to be written. One perspective suggests this was a command to compose a distinct, separate book of the covenant containing the specific laws recently given, such as the prohibitions against idolatry and assimilation, as well as the observance of the holidays. This text would serve as a foundational framework for the relationship, read aloud to the people to facilitate their re-acceptance of the covenant [רשב״ם, שד״ל, חזקוני, קאסוטו, שטיינזלץ, רמב״ן, טור הארוך]. Some identify this specific text as the Book of the Upright [מלבי״ם].

Another approach maintains that the instruction referred to writing upon the new Tablets themselves, or perhaps writing the entire Torah. While God personally inscribed the first set of Tablets, the aftermath of the sin required Moses to carve and write the second set himself [ספורנו, מלבי״ם]. This act of writing was granted to Moses as a personal privilege. Miraculously, the spiritual letters that had flown off the shattered first Tablets assisted him in engraving the new stones [אלשיך]. Furthermore, the renewal of the covenant and the granting of forgiveness were achieved primarily through the personal merit of Moses, and it was only through him that the covenant was extended to the rest of the Israelites [רמב״ן, טור הארוך, שפתי כהן].

Alongside the command to write, a clear boundary was established: only the Written Torah was permitted to be documented in text, while writing down the Oral Torah was strictly forbidden [רש״י, תורה תמימה, שפתי חכמים]. This prohibition stems from the very nature of the Oral Torah. Because it is infinite, committing it to writing would inevitably reduce and restrict its boundless scope [גור אריה]. The written text was intended merely as a memory aid, whereas the true, living essence of the Torah exists in the tradition passed down from generation to generation [רש ר הירש]. Additionally, keeping the Oral Torah unwritten served to maintain a distinct secret that separates the Israelites from other nations. While others might copy the written text, they cannot grasp its profound depths without the accompanying oral tradition [רבנו בחיי, חתם סופר, צאינה וראינה].

The spoken word acts as the key that unlocks and clarifies the hidden mysteries of the written text [הכתב והקבלה]. In fact, the very essence of the renewed covenant between God and the Israelites is founded upon this Oral Torah. Unlike the initial covenant, which was built on simple faith, this second covenant demands intense intellectual toil, investigation, and effort [העמק דבר, תורה תמימה]. This reliance on the oral tradition is deeply connected to the preceding laws regarding the prohibition of cooking a young goat in its mother's milk. When angels attempted to prevent the Torah from being given to mankind, Moses successfully countered them by pointing out that they had consumed meat and milk together when visiting Abraham. Because the comprehensive prohibition against mixing meat and milk is derived exclusively from the Oral Torah, Moses' victory demonstrates that the covenant was firmly rooted in this oral tradition [הדר זקנים, פרדס יוסף, שפתי כהן]. Ultimately, however, the hardships of exile and the looming danger of the Torah being forgotten forced later sages, such as Rabbi Judah the Prince, to write down the Oral Torah to ensure its eternal survival [רבנו בחיי, צאינה וראינה].