1)

What is the "Eidus" referring to?

1.

Rashi #1: It is referring to the Seifer Torah, which serves as a testimony between Hashem and Yisrael that Hashem commanded them the Mitzvos that are written in it.

2.

Rashi #2. Ramban 1 and Rashbam: It is referring to the Luchos. 2

1

Since, according to the Ramban, this Parshah was said before the sin of the Golden Calf - Refer to 25:22:1:2.

2

Which the Torah specifically calls "Luchos ha'Eidus" - in Ki Sisa Sh'mos, 31:18, and "Luchos ha'Beris" - in Eikev, Devarim 9:9 (Rashbam). See also Sifsei Chachamim.

2)

By breaking the Luchos, Moshe did not fulfill Hashem's command to put them in the Aron?

1.

Riva (citing Ibn Ezra) #1: That explains why the broken Luchos were also placed in the Aron. 1

2.

Riva (citing the Ibn Ezra) #2: Hashem commanded him to place the second Luchos in the Aron, not the first.

1

As the Gemara states in Bava Basra, 14b.

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