Altering the design

The biblical regime seems to emphasize the people's consent in their entrance into the first covenant. 

Consent and agreement however serves as the backdrop to the people's request to alter the terms of interaction between the mundane and the divine so as to introduce the intermediation of Moshe into the system. The people participate not only through consent and agreement but also through the redesign of the governmental process. 

The intermediation of Moshe, which was requested by the people, resulted in the collapse of the first Sinaitic treaty. YHWH then reframed the covenant into the second Sinaitic treaty, which now had tablets carved by Moshe and only written by God's finger, and which included the ark of the covenant as a surrogate for the entire mishkan and the role of the ministry; and He cut the covenant first with Moshe and then with the people of Israel. 

Consent and agreement was transformed into alteration of the design and thus the execution of a kinyan.