Commento su Esodo 15:25

שם שם לו HERE HE MADE FOR THEM [A STATUTE AND AN ORDINANCE) — At Marah He gave them a few sections of the Torah in order that they might engage in the study thereof; viz., the sections containing the command regarding the sabbath, the red heifer and the administration of justice (Mekhilta d'Rabbi Yishmael 15:25; Sanhedrin 56b).

THERE HE MADE FOR THEM A STATUTE AND AN ORDINANCE, AND THERE HE TRIED THEM. “At Marah He gave them some of the sections of the Torah so that they might engage in the study thereof, [such as]: the Sabbath, the Red Heifer,²³⁶Numbers, Chapter 19. The reason that Rashi singles out these three subjects — the Sabbath, the Red Heifer, and the laws of justice — is generally explained as follows: He mentions the Sabbath because it is referred to in the section on the manna (further, 16:23-30), as the means through which G-d tried Israel. The Red Heifer is the most outstanding example of a chok (a statute), the type of a commandment the reason for which we do not know. The laws of justice are the typical examples of mishpat (ordinance), which is a precept dictated by reason. Accordingly Rashi interpreted the verse before us — a statute etc. — as referring to these three subjects. and the laws of justice. And there He tried them, that is, the people.”²³⁷Rashi’s intent is to explain the extra word v’sham (‘and there’ He tried them). It should have said, “There He made for them a statute and an ordinance and tried them,” in which case it would have meant that He tried them with the statute and ordinance, i.e., to see if they would observe them. But since it says, and there He tried them, it must refer to something additional, namely, the preceding event when the people murmured against Moses instead of approaching him to pray that the bitterness of the waters be removed. It is to this event, according to Rashi, that the expression refers: “And there He tried them, that is, the people” (Sifthei Chachamim). Ramban, however, will explain that “the trial” was of another nature, as will be explained in the text. Thus the language of Rashi, and it is the opinion of our Rabbis.²³⁸Sanhedrin 56b.
But I wonder! Why does Scripture not explain these statutes and ordinances here, saying, “And the Eternal spoke to Moses: ‘Command the children of Israel,’” as it says in the chapters mentioned above, Speak ye unto all the congregation of Israel?²³⁹Above, 12:3. Indeed, it does so with regard to all commandments given in the Tent of Meeting, on the plains of Moab,²⁴⁰Numbers 35:1. and the Passover in the wilderness!²⁴¹Ibid., 9:1-5. Now Rashi’s expression, “He gave them… sections of the Torah so that they might engage in the study thereof,” indicates that Moses did inform them of these statutes and that he taught these statutes to them, [saying], “In the future, the Holy One, blessed be He, will command you so,” in the same way as Abraham our father learned the Torah.²⁴²See Vol. I, pp. 331-332. The purpose of it was to make them familiar with the commandments and to know if they would accept them with joyfulness and with gladness of heart.²⁴³Deuteronomy 28:47. This was “the trial” of which Scripture says, and there He tried them, and he [Moses] informed them that G-d would further command them the precepts of the Torah. This is the intent of the verse, “If thou wilt diligently hearken to the voice of the Eternal thy G-d… and wilt give ear to His commandments,²⁴⁴Verse 26. It is thus obvious that Ramban understands the word vayomer (and he said) as a reference to Moses, and not, as rendered in some translations, “and He said.” which He will command you [in the future].”
In line with the plain meaning of Scripture, when the Israelites began coming into the great and dreadful wilderness… thirsty ground where there was no water,²⁴⁵Deuteronomy 8:15. Moses established customs for them concerning how to regulate their lives and affairs until they come to a land inhabited.²⁴⁶Further, 16:35. — “Moses established customs.” It should be noted that Ramban uses the expression sam lahem which could possibly be a reference to G-d, that “He established customs for them.” But in Rabbeinu Bachya’s commentary quoting Ramban he writes clearly: “In line with the plain meaning of Scripture, statute and ordinance are the customs how to regulate their lives in the desert, for Moses was king in Jeshurun, a leader who chastised his people and commanded them how to regulate their lives in the desert” (Bachya, Vol. II, p. 137 in my edition). On the basis of Bachya’s interpretation I have translated here: “Moses established customs.” A custom is called chok, this being associated with the expressions: Feed me with ‘chuki’ (my customary) bread;²⁴⁷Proverbs 30:8. ‘chukoth’ (the customary ways or laws) of heaven and earth.²⁴⁸Jeremiah 33:25. Custom is also called mishpat (judgment or ordinance) because it is something measured out accurately. A similar usage [of the word mishpat] is found in these verses: So did David, and so hath been ‘mishpato’ (his manner) all the while;²⁴⁹I Samuel 27:11. After the former ‘mishpat’ (manner) when thou wast his butler;²⁵⁰Genesis 40:13. And the palace shall be inhabited upon ‘mishpato’²⁵¹Jeremiah 30:18. i.e., upon its ascertained dimension.
It may mean that Moses instructed them in the ways of the wilderness, namely to be ready to suffer hunger and thirst and to pray to G-d, and not to murmur. He taught them ordinances whereby they should live, to love one another, to follow the counsel of the elders, to be discreet in their tents with respect to women and children, to deal in a peaceful manner with the strangers that come into the camp to sell them various objects. He also imparted moral instructions, i.e., that they should not become like bands of marauders who do all abominable things and have no sense of shame, similar to that which the Torah commanded, When thou goest forth in camp against thine enemies, then thou shalt keep thee from every evil thing.²⁵²Deuteronomy 23:10. In the case of Joshua it is also said. So Joshua made a covenant with the people that day, and set them a statute and an ordinance in Shechem.²⁵³Joshua 24:25. Here too the expression, [a statute and an ordinance], does not refer to the statutes and ordinances of the Torah, but rather to the customs and ways of civilized society, such as “the conditions which Joshua made [upon entering the Land],” which the Rabbis have mentioned,²⁵⁴Baba Kamma 80 b-81 a: “Ten conditions did Joshua stipulate [with Israel when they came into the Land]: that all people have a right to pasture their cattle in forests [without the interference of the owner of the forest] etc.” The customs established by Joshua were thus the norms of a functioning society. and other such similar regulations. And Scripture says, and there he tried them, in order to inform us that he [Moses] led them by such a road on which there was no water, and he brought them to a place where the waters were bitter in order to test them, even as Scripture says, And He afflicted thee, and suffered thee to hunger;²⁵⁵Deuteronomy 8:3. And that He might prove thee, to do thee good at thy latter end.²⁵⁶Ibid., Verse 16.

ושם נסהו, to find out if they would be willing to accept statutes (laws not given to our intelligence to understand,) as well as social legislation and they would not ignore it when they were not in a state of crisis as now when they needed water through a miracle.אם שמוע תשמע לקול ה' אלוקיך, to accept the statutes which would follow as a way of life, not merely as emergency regulation in the desert, and if from now on they would הישר בעיניו תעשה והאזנת למצותיו, וגו, carefully observe G’d’s commandments endeavouring to live according to their understanding of what is pleasing to Him, then they would be permanently spared any of the afflictions that G’d had brought upon the Egyptians. The implication was that betraying G’d’s trust would have painful consequences. The entire experience is a reminder of the manner in which the Rabbis relate to a potential convert to Judaism. One does not present Judaism in rosy attractive colours so as to encourage him to convert, but on the contrary, one apprises him first and foremost of the עול המצות, “the yoke of the commandments,” telling him of all the things he would have to forego by joining the Jewish people, i.e. the Jewish religion. Moreover, one advises him that whereas up until now he was able to eat certain foods, such as chelev, not only would he no longer be able to eat these foods, but violation of the commandment would carry the penalty of karet, loss of entitlement to his afterlife, etc. Only after he has duly absorbed this information does one proceed with teaching him the intricacies of Judaism. What happened at Marah was preparatory to accepting Judaism at Mount Sinai. If the people had not gone through this process it is doubtful that they would have said נעשה ונשמע, “we will do, now let us learn G’d’s Torah,” when the time came for this a few weeks later.