In Chapter 5 of The Horizontal Society, Rabbi José Faur presents a transformative reading of the Torah, not as a set of religious decrees but as a legally binding contract between God and Israel. The Berith Sinai-Moab, he argues, established a horizontal legal framework, where divine law operates within a constitutional system rather than as an arbitrary set of commands. Unlike other religious traditions, in which divine authority is hierarchical and subject to the will of rulers, the Torah binds both Israel and God to a permanent legal structure, making Judaism a nation defined by law rather than hierarchy.
This analysis directly challenges conventional notions of religious obligation and offers a compelling vision of Judaism as a constitutional civilization. For Sepharadim, whose traditions have long emphasized law, reason, and communal responsibility, Rabbi Faur’s reading of the Torah aligns with a deeper intellectual heritage that sees the Torah not as a mere collection of divine orders but as the very foundation of Israelite nationhood.
A Covenant Unlike Any Other
Rabbi Faur begins by emphasizing the uniqueness of the Berith Sinai-Moab. While divine covenants with individuals, such as Noaḥ and Avraham, exist in the Torah, the Sinai covenant was the first to be made with an entire people, establishing a binding legal contract between Israel and God. This was followed by the Moab Covenant, which reaffirmed Israel’s national commitment to the Torah before entering the Land.
This two-stage covenantal process—Sinai followed by Moab—demonstrates that the Torah was not imposed from above in a unilateral decree. Instead, Israel chose the Torah, agreeing to its laws and responsibilities. The famous declaration na‘aseh wenishma‘ (“We shall do, and we shall hear”) reflects this commitment: the people first agreed to uphold the covenant even before fully grasping its details.
Critically, the Moab Covenant expanded the Sinai model by binding all classes of society—men, women, children, and even resident aliens. This was unprecedented in world history. The Torah was not a secret document restricted to priests or kings but a national constitution, accessible and binding upon all.
The Torah as a Closed Legal Document
A central argument in Rabbi Faur’s analysis is that the Torah is not an open-ended religious text but a completed legal document. He describes the Torah as kathub leḥathimah—written to its conclusion—which establishes its status as a sealed contract fundamental to its authority. Unlike secular legal systems, where laws can be amended at the discretion of rulers, the Torah’s laws are immutable, ensuring the covenant remains in force across generations.
This is in stark contrast to hierarchical religious traditions, where divine laws can be changed, replaced, or reinterpreted by clerical authorities. In the Torah’s legal framework, neither kings nor prophets hold absolute power. Even God, having entered into a berith, is bound to its laws. This is a radical break from pagan and later theological systems, where deities act arbitrarily and human rulers claim divine sanction to change the law.
Rejecting Theocracy: God as the Law-Giver, Not a Tyrant
A major consequence of the Torah’s constitutional nature is that God is not an absolute ruler who governs by whim, but a law-giver who abides by His own covenant. This model is in direct opposition to hierarchical theocratic systems, where kings or priests claim to act as divine representatives with unchecked authority.
Rabbi Faur contrasts this with idolatrous traditions, where religious figures manipulate divine power through rituals, sacrifices, and esoteric knowledge. In those traditions, gods could be appeased or influenced through cultic acts, making religious power a tool for control. The Torah, in contrast, abolishes sacrificial manipulation and replaces it with law and covenant. The Israelites are not commanded to “please” God with offerings but to uphold the legal obligations of the berith.
By framing divine authority within the constraints of Torah law, the Israelite system prevents the rise of religious despotism. Prophets and kings are subject to the law just like everyone else. Even Moshe Rabbenu does not hold divine power; his role is to transmit the Torah, not to legislate from personal authority.
Covenantal Monolatry vs. Pagan Theism
Rabbi Faur also introduces the concept of monolatry, which distinguishes Torah-based worship from idolatrous religion. While other traditions viewed gods as supernatural beings to be controlled through rituals, Israel’s relationship with God is covenantal and legal. Worship is not an act of manipulation but an expression of fidelity to the contract.
This is why, by the time of the Moab Covenant, prophecy itself had changed. Instead of direct theophanies, divine communication occurred through the Torah itself, read and interpreted by scholars and sages rather than mystics or visionaries. The Ark of the Covenant, housing the Sepher Torah, became the hyperspace of divine revelation—not an idol or a vessel of mystical power, but the physical representation of the law as the highest authority.
The shift from theophany to Torah-based authority is not merely symbolic; it marks a fundamental transition in the way divine will is accessed. This aligns with Rambam’s principle that law is not determined by prophecy but by study and reason. While prophecy continued after the Moab Covenant, its function changed. It was no longer a medium for lawmaking but for moral guidance and national rebuke. The Sepher Torah itself became the supreme source of divine instruction, replacing the necessity for direct theophanies.
Thus, the hyperspace of the Ark is not a mystical concept but a legal and epistemological shift: divine will is no longer mediated through direct appearances but through written law and its interpretation. This transition from theophany to textual authority reinforces the horizontal nature of Torah study, where meaning is generated through communal learning rather than prophetic pronouncements.
The Torah as Israel’s Constitution
Rabbi José Faur’s reading of the Berith Sinai-Moab fundamentally reorients how we understand the Torah: not as an evolving theological discourse but as a constitutional document that defines the structure of Israelite national life. Unlike hierarchical religious systems, which rely on priestly mediation and divine intervention, the Torah establishes a nation built on law and rational responsibility.
This framework aligns seamlessly with the intellectual traditions of Sepharad, where law and reason—not mysticism and authoritarianism—form the foundation of Jewish identity. Rabbi Faur’s argument challenges us to reconsider our engagement with Torah: Are we treating it as a static set of religious edicts, or as a living constitutional framework that defines our communal and national obligations? His analysis invites us to reclaim the Torah not as a relic of the past but as a legal and ethical system that continues to shape Israel’s horizontal society to this day.
In an era where hierarchical power structures still seek to define religious life, the constitutional reading of the Torah remains as radical—and as necessary—as ever. Through the Ark, the Torah took the place of direct revelation, marking the transition from mystical vision to textual responsibility, legal reasoning, and national commitment. Rabbi Faur’s insights remind us that the Sepher Torah is not merely a book but the very foundation of a society built on law, learning, and the eternal berith.