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Rashi simply inserts the missing word: Lo et avoteinu bilvad karat H'.... And the other commentators in Torat Chayyim start off with variations on that theme.
But looking at it in context I think there's another possibility. There are multiple covenants in the Torah: there's the b'rit ben hab'tarim with Avraham, there's the b'rit at Har Sinai, but there's another b'rit on the day in which Moshe delivered the speech that forms the basis of sefer D'varim. This is the covenant with the generation that will actually take posession of Eretz Yisrael, the generation that will stand between the mountains and hear the blessings and curses and answer "Amen" to them both.
And in that sense what Moshe is saying is true. Hashem's covenant with the ancestors of this generation was that their descendants would be given the land, but the covenental relationship is about to reach a new level with this new generation. "It is not with our ancestors that Hashem cut this covenant; rather, it is with us, us who are here today, all who are living."
And looking again at the other commentators and what they have to say on the latter half of the verse, I don't think this is a chiddush. Sforno says "Today, you who are living: because you who are entering this covenant are those who are entering the land."
So when you observe that "maybe God attempted to make a covenant with their fathers, but ... they weren't up to the task" I think you're mostly right: The theophany at Sinai was followed by the sin of the molten calf and led to forty years of wandering untli that generation died out. But that doesn't necessarily mean the previous covenant didn't take; this is a new, deeper covenant. (I know, that's dangerously close to supercessionism.)
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Excellent point about multiple b'ritot. I wonder if this implies that there will be yet another b'rit when the moshiach comes. We, today, are more heirs to the b'rit at Har Sinai than the b'rit before entering the land, after all; while we can enter the land, it's not the homecoming that the desert generation had.
The theophany at Sinai was followed by the sin of the molten calf and led to forty years of wandering untli that generation died out.
It took me a while to get used to the idea that the forty years and dying out was not punishment for the molten calf but, instead, punishment for not entering the land when it was offered. The calf seems like a bigger sin because it's easy to see it as a willful act while we think of being afraid of the giants in the land as being a gut-level reaction. But the reverse makes more sense: making the idol was very natural to them at that time; when they thought their leader had disappeared they fell back on what they knew in Mitzrayim. But later, after seeing more of God's miracles and hearing mixed (not uniformly-negative) reports of the land, they chose not to believe that God would lead them to victory. The calf was a search for familiar ritual; the refuasl to enter was a direct refusal to believe and follow. So nu, they didn't get it, which is what they said they wanted.
But that doesn't necessarily mean the previous covenant didn't take; this is a new, deeper covenant. (I know, that's dangerously close to supercessionism.)
Not necessarily deeper or supercessionist -- just different, or maybe supplementary. We're all bound by Sinai because that was for all generations, after all.
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It's too late to start researching tonight, but this is something new to think about. Thanks!
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BTW, there's a free, if somewhat oddly formatted, Rashi commentary available for PalmOS; I use it with a Palm bible reader and a free JPS chumash. Or you can use the online Rashi at chabad.org, which is where the PalmOS one originated; I think the odd formatting is because it was web-scraped.
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