Just before the famous opening words of parashat Nitzavim, we see Moses speaking “el col Yisrael” – to all Israel, reminding them that they had seen everything that God had done to Pharaoh and to the people in Egypt, had seen the great trials, signs and wonders, but that God had not given them a heart to know, eyes to see, nor ears to hear until right now.

He then goes into a strange excursus, telling them that “I led you for forty years in the wilderness, your clothes did not grow old nor did your shoes wear out, you have not eaten bread nor have you drunk wine or strong drink, that you may know that “I am the Eternal your God”.

He speaks of the two kings of the Amorites, Sihon of Heshbon and Og of Bashan, of how they battled against the Israelites but were defeated, their land given to the tribes of Reuben, Gad and Manasseh. And so he tells them to observe the words of this covenant and do them, in order that they be successful in all they will do.

So ends the sidra before, and the division is both dramatically powerful and problematically distracting.  Nitzavim begins “You (pl) are standing this day ALL OF YOU, before the Eternal your God – your heads, your tribes, your elders and your officers all, a man (sing) of Israel. Your children, your women, and your stranger who is in the midst of your camp, from the hewer of your wood to the drawer of your water. For your passing over into the covenant of the Eternal your God, and its conditions, which the eternal your God is making with you today, in order to establish you today for himself for a people, and he will be for you a God, as he said to you, and as he swore to your ancestors, to Abraham Isaac and Jacob. ”

The image of everyone being present in order to enter into a covenant with God, where all the people would become God’s people and God would have a particular relationship of covenantal obligation with them is hugely appealing. It is made the more so when we see the list of people who will become part of this unbreakable relationship of covenant –from the highest status men of office through to each individual (man), then children, women, strangers who have become part of the group in some way, and finally the most menial labourers often invisible to the rest of society. Leaving aside the androcentric society of bible for a moment, we see a real equality in the covenant – it doesn’t matter your gender or your status, whether you are Israelite or resident stranger, your position as regards the covenant with God is the same.

So lovely is this thought that it is easy to not notice other nudges in the text. The elision of Moses and God is deeply problematic to me – not only does he tell the people that this is a moment of revelation which had been hidden for the previous forty years because God had not given them the abilities to perceive what most of their lives had been about, he also doesn’t seem to be quoting God so much as claiming God’s role.  While the presence of the people, all of the people, is accentuated in this text, so that Moses tells them that not only those present that day but also those who were not present that day (understood in tradition to be both all the future descendants of the people present, and also all who would enter the covenant via conversion to Judaism), the presence of God is harder to ascertain. Moses seems to stand in for God at the introduction of this covenant. And after the fearsome predictions of what would happen in both this and future generations when the people will forsake God and in turn be forsaken, along with the land, we are told “the secret/ hidden things belong to the Eternal our God, but what is revealed belongs to us and to our children forever, that we may do all the words of this torah/teaching”

There is a play about hidden and revealed going on in this text, made explicit at the beginning and end of the chapter, and this makes all the more dangerous the signing up to a covenant which cannot be fully understood.

As if to underline this play of hiding/revealing in the context of a treaty or covenant, the text nudges us to two other biblical narratives, neither of which comforts us.

Firstly is the phrase “atem nitzavim”  coming from the Hebrew root yod tzadi beit, it is in the niphal (reflexive) form meaning not so much standing as “you are setting yourselves up” or “taking one’s stand”.  It is a curious phrase, and it causes us to think of other uses of the root – more often found as the noun form of ‘matzevah”. The first time we meet the word is after the dream of the ladder when the young Jacob realises that he has met God, he rises early in the morning, takes the stone he had put under his head the night before, sets it up as a pillar (matzevah) and pours oil over it in a religious ritual, vowing “If God will be with me, will keep me on this way that I go, will give me bread to eat and clothes to wear, so that I will be able to return to my father’s house in peace, THEN will the Eternal be my God, and this stone, that I have set up as a pillar (matzevah) will be the house of God….”(Gen 28:18-22)

Later, when Jacob is about to return to his homeland and has to negotiate his leaving with his father in law Laban, Laban tells him  “And now come, let us make a covenant, I and you; and let it be for a witness between me and you.’ So Jacob takes a stone and raises it for a matzevah (Gen 31:44,45)

The original use of the word matzevah seems to be not just an upstanding stone to mark a place, but a physical marker of a covenant that is being made.

Moses uses the word differently though – “Atem Nitzavim” may legitimately be translated as: “You are standing”, but it has echoes of more than physically being on one’s feet – it means “you are setting yourselves up as a matzevah, you are physically yourselves the sign of the covenant that is being made between yourselves and God”

The second nudge is the phrase translated as “from hewers of wood to drawers of water”.  Besides the fact that there is little difference at the very bottom of the social scale being a hewer of wood or a drawer of water it is referring to those who  are using brute strength to service the society which will barely notice their efforts (though it will most certainly notice if they stop).

The phrase is not common – apart from here it appears in the Book of Joshua (chapter 9) which recounts a covenant that is not what it seems.  Once again the Amorite Kings  Sihon of Heshbon, and  Og king of Bashan are referenced, this time their defeat has led other inhabitants (the Hivites or Gibeonites both appear in this role) to dress in worn out clothing, with worn shoes and stale bread and patched wine skins (more resonances to the passage here in Deuteronomy) and pose as being travellers from a distant land who have heard of the acts of God done in Egypt and who have come to this land in order to meet these people of God and to make a treaty so as to live together with them in peace.  The Israelites are flattered, they take the food and wine that are offered, and critically they do not “take counsel from the Eternal”. After three days of covenant making/celebrating,  Joshua and the Israelites find that the people were not who they had said they were, but were long term inhabitants of the land and were now protected from the oncoming Israelites by treaty. In response to their having lied, and to their protected status, Joshua  acknowledged that they would live, but he curses them – they are to be bondmen to the Israelites, in particular “there shall never fail to be of you bondmen, both hewers of wood and drawers of water for the house of my God.’

There are too many echoes in this tale from the Book of Joshua.  As we are told there is “no before and no after in torah” one has to read each story in the light of the other.  So when Moses alludes to the covenant being made on the edge of the land, the covenant between God and the people, he is warning them both that covenants can be made without full knowledge, that some things may only come to light later, that ultimately we take things on trust and sometimes that trust is misplaced.

Sometimes too the upshot of not knowing something can be of real disbenefit, sometimes we can live with it sometimes it is hard to live with.

But we are ourselves the matzevah, we have set ourselves up for this covenant and we are the physical signs of its existence. We are so intertwined – our lives, our very selves are part of the covenant – that we can never free ourselves of it. We are the hewers of wood and the drawers of water, the people who keep society going with tasks that are not honoured but are honourable.  We are also the people who take a leap in the dark with God, who retain trust even when there is no obvious reason to do so.

Nowadays we use the word matzevah to mean a tomb stone, the marker of a body that rests in the earth having finished its tasks in life.  It provides solidity, certainty, finality.  But I do like the idea of the matzevah that is the living human being, the one that is uncertain, ongoing, working in the dark to some extent, living in hope.  As we enter the Days of Awe, the days of risk, of trying to make ourselves our best selves, the days when we wonder what God thinks of us, being a living matzevah, a living sign of the covenant between us and God must surely be a powerful sign and reminder we have trusted God all these years, and we hope to have reason to trust as we journey into the future.

image the stone said to be Lot’s wife in Sdom from wikimedia