God made a covenant with Israel many years prior to the events of this Torah portion, at the revelation at Sinai. The Israelites violated this covenant with the sin of the Golden Calf, and a second covenant was made when they were forgiven for that sin. Now, at the conclusion of forty years, God and Israel ratify the covenant anew.

“To pass you into the covenant of the Lord your God and into His oath that the Lord your God is making with you today” (Deuteronomy 29:11). The Holy One, blessed be He, made three covenants with Israel after they emerged from Egypt: One when they stood before Mount Sinai, one at Horev (see Leviticus 26), and one here.

Why did the Holy One, blessed be He, make a covenant with them here? Because Israel abrogated the covenant that He made with them at Sinai, by saying about the Golden Calf: “This is your god, Israel” (Exodus 32:4). Therefore, He again made a covenant with them at Horev, and established a curse for one who reneges on the covenant. The expression “to pass you” means only as a person says to another: Accept that a curse be passed on you if you renege on this matter that you agreed with me…

“But not with you by yourselves do I establish this covenant” (Deuteronomy 29:13), but even the souls of future generations were there at that time, as it is stated: “Rather, with him who is here with us standing today…and with him who is not here with us today” (29:14).

Rabbi Abbahu said in the name of Rabbi Shmuel bar Nahmani: Why is it written: “Rather, with him who is here with us standing today…and with him who is not here with us today”? The verse means that the souls of the future generations were there even though their bodies were not yet created; therefore, “standing” is not written in their regard. (Tanĥuma, Nitzavim)