These laws are similar to the Covenant Code and are followed by the phrase "Ten Commandments" (Hebrew: עשרת הדברים aseret ha-dvarîm, in Exodus 34:28).
[13] A few Bible scholars call the verses in Exodus 34 the "small Covenant code", as it appears to be a compact version of the Covenant Code in Exodus 20:19–23:33; they argue the small Covenant code was composed around the same time as the Decalogue of Exodus 20, but either served different functions within Israelite religion, or reflects the influence of other Ancient Near Eastern religious texts.
There are essentially two positions, neither of which is decisively supported, either by evidence, or by number of scholars: The documentary hypothesis identifies the Ritual Decalogue as the work of the Jahwist, from the Kingdom of Judah, and the Covenant Code as that of the Elohist, from the Kingdom of Israel, both writing independently.
It does not however answer the question of how these texts were related, merely that the Ritual Decalogue circulated in Judah, and the Covenant Code in Israel.
The documentary hypothesis claims that the Jahwist and Elohist texts were first combined by a redactor, producing a text referred to simply as JE, in such a way that it now reads that God dictated the Covenant Code, which was written onto stone, Moses subsequently smashing these stones at the incident of the golden calf, and thus having to go back and get a new set, with a set of commandments, the Ritual Decalogue, resembling the first.
Under this reconstruction another writer, the Priestly source, later took offence at parts of JE, and rewrote it, dropping the story of the golden calf, and replacing the Ritual Decalogue with a new (ethical) decalogue initially based on it, but taking commandments from elsewhere as well, and replacing the Covenant Code with a vast new law code, placed after the Decalogue for narrative reasons, most of which forms the greater part of the mitzvot in Leviticus.
The reconstruction then suggests that a century later yet another writer, the Deuteronomist, objected to the Priestly source, and rewrote it yet again, but in a different style: that of a series of flashbacks, producing a second slightly different copy of the Ethical Decalogue, and re-introducing the golden calf.
Ethical Decalogue, Exodus 20:2–17 12 Take care not to make a covenant with the inhabitants of the land to which you are going, or it will become a snare among you.
24 For I will cast out nations before you, and enlarge your borders; no one shall covet your land when you go up to appear before the Lord your God three times in the year.
5 You shall not bow down to them or worship them; for I the Lord your God am a jealous God, punishing children for the iniquity of parents, to the third and the fourth generation of those who reject me, 6 but showing steadfast love to the thousandth generation of those who love me and keep my commandments.
10 But the seventh day is a Sabbath to the Lord your God; you shall not do any work—you, your son or your daughter, your male or female slave, your livestock, or the alien resident in your towns.
12 Honor your father and your mother, so that your days may be long in the land that the Lord your God is giving you.
9 You shall not bow down to them or worship them; for I the Lord your God am a jealous God, punishing children for the iniquity of parents, to the third and fourth generation of those who reject me, 10 but showing steadfast love to the thousandth generation of those who love me and keep my commandments.
14 But the seventh day is a Sabbath to the Lord your God; you shall not do any work—you, or your son or your daughter, or your male or female slave, or your ox or your donkey, or any of your livestock, or the resident alien in your towns, so that your male and female slave may rest as well as you.
Aaron (2006), for example, discusses how the "Exodus 34 Decalogue", while presented as the Ten Commandments, appears to be a reworking of the Covenant Code.
[22] 23 When my angel goes in front of you, and brings you to the Amorites, the Hittites, the Perizzites, the Canaanites, the Hivites, and the Jebusites, and I blot them out, 13 You shall tear down their altars, break their pillars, and cut down their sacred poles 14 (for you shall worship no other god, because the Lord, whose name is Jealous, is a jealous God).
24 For I will cast out nations before you, and enlarge your borders; no one shall covet your land when you go up to appear before the Lord your God three times in the year.