Комментарий к Шмот 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.

. ויורהו, a word meaning “He instructed, taught,” similar to Deuteronomy 33,10 יורו משפטיך ליעקב, “they (the Levites) will teach Your laws to Yaakov.”

ויורהו ה' עץ, “Hashem showed him a tree.” Nachmanides writes: seeing that I do not know of a single instance in which the root להורות means something other than “to teach, to instruct,” (as in Proverbs 4,4 and all other examples) I believe that according to the plain meaning of the text the tree the Torah speaks about here would convert bracken water into sweet water upon contact. This was a beneficial property of that kind of wood, a phenomenon found in nature. G’d taught Moses some lesson in botany. According to our sages we are dealing with a miracle, in fact a miracle within a miracle, as the instrument used to perform it was naturally bitter instead of sweet. G’d either told Moses where to find this marvelous tree, or He invented it for the purpose of the miracle.

שם שם לו חוק ומשפט, “there He established for it (the Jewish people) statute and social legislation.” According to the plain meaning of the text Moses (at the instruction of G’d) laid down some ground rules for the Israelites’ conduct while they journeyed in the desert. Moses occupied the de facto position of king, lawgiver. He rebuked the people and told them how to treat their wives and children. He also established rules how to relate to other nations with whom the Israelites could expect to come in contact during their trek to the land of Canaan. They would have to engage in trade relations with surrounding nations.

That they occupy themselves with them: Shabbos, Parah Adumah. . . You might ask: How does Rashi know it was these three sections? The answer is: the Torah speaks of Shabbos right afterward (16:23). [I.e., Shabbos is the first mitzvah to be mentioned afterward.] An alternative answer: In the second set of the Ten Commandments it is written [about Shabbos], “As He commanded you” (Devarim 5:12), and Rashi explains: “As He commanded you. . . in Marah.” Regarding the Parah Adumah, [the answer is]: Here it is written חק , and regarding Parah Adumah it is also written חקת (Bamidbar 19:2). The commentators discuss this at length, as the Mechilta and the Gemara [additionally] mention other mitzvos; see there.

V. 25. Die außerordentliche Gottesnähe in außerordentlichen Momenten hatte die Erlösung aus Mizrajim und der Durchzug durchs Meer für alle Zeiten gelehrt. Dass aber auch für die Bedürfnisse des alltäglichen Lebens in jeder Lage Gott zu vertrauen sei, dass die sogenannten kleinen täglichen Bedürfnisse des Menschen dem Gottesauge und der Gotteshand nicht zu geringe seien, und der gotttreue Mensch mit jedem Atemzuge für sich und die Seinen der stets gegenwärtigen Gotteshuld und Gottesmacht vertrauen dürfe, das sollte sie der nun erst eigentlich angetretene Weg durch die Wüste lehren. War ja von vornherein ein großes Ziel noch vor dem Eintritt in das gelobte Land mit den Worten verkündet: בהוציאך את העם ממצרים תעבדון את האלקי׳ על ההר הזה (oben Kap. 3, 12), sie sollten dort mit Entgegennahme des Gesetzes in den Dienst Gottes treten. Dieses Gesetz, das jeden Augenblick des täglichen Lebens in dem Dienste Gottes verlebt wissen will, bedarf wesentlich dieser Zuversicht in die überall und immer bereite Allgegenwart Gottes und in die Kraft der Erfüllung dieses seines Willens, uns durch die wüsteste Öde des Lebens heiter hindurch zu geleiten und uns das Bitterste, das die Erde bietet, zu versüßen. Das war die in der Wüste zu absolvierende Propädeutik zum göttlichen Gesetze. In Mara war die erste Erfahrung zu schöpfen. Sie hatten in drei Tagen kein Wasser gefunden und das Wasser, das sie endlich fanden, war bitter. Da lehrte Gott Mosche ein Holz, er warf es in das Wasser und das Wasser ward süß: שָם, dort, im Anblick dieser Erfahrung, wie das Bitterste durch das, was uns Gott damit zu verbinden lehrt, süß wird, gab Gott ihnen die Grundlage von Gesetz und Recht und ließ sie Sein Gesetz und Sein Recht als "Heilung" aller physischen כי אני ,und sozialen Übel begreifen, indem er sich damit als ihr "Arzt" ankündigte .כי אני ד׳ רופאך

חק ומשפט, “a law which is a social law,” i.e. the commandment to honor one’s parents.

And God showed him a piece of wood. If God had wished to do this without wood, God would have been able to sweeten the water without wood. But it is God's way to do miracles according to the way of the world -- for the heretics use sweet things in a bitter thing to sweeten it.

ויורהו ה׳ עץ וישלך אל המים, “the Lord taught him about a certain kind of wood, and he tossed it into the water;” although G-d had other means of making the water sweet, without using that kind of wood, G-d wanted to teach Moses some common chemistry, i.e. how to use natural products to sweeten something that only needs sweetening in order to make it drinkable or edible.

ושם נסהו AND THERE HE TRIED THEM (lit., He tried him) — “him” (singular) means the people; and He saw their stubbornness: that they did not consult with Moses in a respectful fashion: “Entreat mercy for us that we may have water to drink” — but that they murmured.

VAYOREIHU HASHEM EITZ’ (AND THE ETERNAL SHOWED HIM A TREE). The meaning thereof is that G-d showed Moses a tree and He told him, “Throw this tree into the waters, and they shall become sweet.” Now due to the fact that I have not found the expression of moreh, [from which the word vayoreihu here is derived], except in the sense of instruction — [e.g., the verse], ‘vayoreini’ and said to me,²⁵⁷Proverbs 4:4. which means “and he [my father] taught me,” and so all other such expressions — it appears by way of the plain meaning of Scripture that this tree had a natural property to sweeten water, this being its uniqueness, and He taught it to Moses. Our Rabbis have said²⁵⁸Mechilta on the verse here. that the tree was [naturally] bitter, but that this was a miracle within a miracle, [i.e., that He healed the bitter waters with something which was bitter], just as the salt which Elisha cast into the waters.²⁵⁹II Kings 2:21. “Now even if you put salt into good water, it immediately spoils. Here, Elisha put a thing that spoils [salt] into the waters that had already been spoiled, in order to perform a miracle, [i.e., to heal the waters], therewith” (Mechilta). Now if so,²⁶⁰I.e., if, as this interpretation has it, the sweetening power of that tree was not a natural property thereof, the question again arises, why does Scripture say vayoreihu which indicates instruction? Ramban proceeds to remove this difficulty. the word ‘vayoreihu’ (and He instructed him) indicates that the tree was not found in that place, and the Holy One, blessed be He, taught him where it was to be found, or perhaps He made it available to him by a miracle. I found further in the Yelamdeinu:²⁶¹Tanchuma, Beshalach 24. For the name Yelamdeinu, see above in Seder Bo, Note 196. “See what is written there: Vayoreihu hashem eitz. It does not say vayar’eihu (and He showed him) but vayoreihu, which means that He taught him His way.” That is to say, He instructed him and taught him the way of the Holy One, blessed be He, i.e., that He sweetens the bitter with the bitter.

כי אני ה' רופאך, the point of all this is that once you have accepted the statutes and then fail to honour your commitment you will be subject to punishment by G’d. These punishments will be in the nature of being self-inflicted as all of G’d’s commandments are designed to make your life on earth and beyond a healthy life. Failure to honour your commitment will expose you to all the negative influences which abound on earth. I have shown you that I can cure harmful waters, waters which humans cannot drink. This is only a sample of what My commandments and observing them can do for you. We, today, do not know what kind of wood or tree G’d told Moses to throw into these waters. The Torah deliberately did not reveal this information. Even if all the trees in the world would be the kind that G’d told Moses to throw into the water, and even if we would throw all this wood into only a minute quantity of water the result would be nil. On the other hand, if, by the grace of G’d, one throws even a minute quantity of such wood into even an entire ocean, the waters of the ocean would suddenly become drinking water. [my addition. Ed.] Leviticus 20,26 states clearly that G’d separates the Jewish people from the surrounding nations. Failure to honour commitments results in “disease,” i.e. the defilement of one’s soul. As a result, such a person deserves his punishment.

שם שם לו חק ומשפט, there, at Marah, as a result of the complaints and the resolution of the crisis, G’d taught the people that it would pay them to accept G’d’s laws, as failure to do so might result in G’d withdrawing His vital support from them. They were to learn that G’d was not only willing but also able to provide all of their needs. This is why the experience is referred to as a נסיון, a trial. G’d Himself spelled out the lesson after having supplied them with water, “to see if they would listen to His instructions and carry out His ordinances.” (verse 26) He added the assurance that if the people would take the lesson to heart, כל המחלה אשר שמתי במצרים, all the diseases which He had brought upon Egypt, commencing with turning the source of life, the waters of the Nile, into blood, G’d would not afflict the Israelites with. We know from Exodus 23,25 that blessing one’s food and water is equivalent to keeping away disease from people. וברך את לחמך ואת מימיך והסירותי מחלה מקרבך.

שם שם לו חוק ומשפט ושם נסהו, “there He established a decree and ordinance for His people, and there He subjected it to a test of faith.” According to Rashi [based on the Talmud Sanhedrin 56.Ed.] the Jewish people were given a partial list of the laws pertaining to the observance of the Sabbath, the commandment to honour father and mother, purification rites by means of the red heifer, and a number of laws governing inter-personal relations. Nachmanides wonders why the Torah would not have spelled out some specifics, introducing them by the time honoured introduction: “G’d said to Moses, ‘say to the Children of Israel, etc.?’” According to the wording in Rashi it appears that Moses taught the people laws that would later on be revealed to them as part of the Torah, and he did it in a manner similar to Avraham, who is reputed to have known all the laws of the Torah. What he did when he taught his converts was to teach them what he knew to be the wishes of G’d in his respect. Neither Avraham nor Moses had at that time been authorized to reveal these laws as already being operative, and in the case of Moses, having done so would have robbed the revelation at Mount Sinai of part of its momentum. The reason why the Torah adds that this was in the nature of a test of their faith, was that G’d/Moses tested the reaction of the people to such laws, and if they welcomed them with joy. According to the plain meaning of the text, upon entering the desert, Moses asked himself by which rules he should lead the Israelites pending their arrival in the promised land, at which time the entire Torah would become applicable. Rules of behaviour are generally known as חק, statute. One example of the use of that word in this context is found in Proverbs 30,8 הטריפני לחם חוקי, “feed me with the bread allotted to me.” משפט, on the other hand, is the term used to describe generally acceptable conduct, as in Samuel I Alternatively, the meaning of the expression ושם נסהו, refers to the all the tribulations which wandering in the desert involved, especially to test if the people were willing to put up with the discomforts and deprivations without complaining. In this context the word משפט would mean that the people would understand and willingly submit to the need to love their neighbours, honour the aged, be modest and undemanding in their general behaviour, and be welcoming to people who came to the camp to offer their wares to the Israelites.

Some commentators say that he taught them details about the vegetation they would encounter in the desert, which plants had therapeutic value, which were poisonous, etc., etc. The word חק applied to phenomena which were known only empirically, whereas the word משפט applies to knowledge of the inner workings and the why and wherefore of the phenomena in question.

They did not consult with Moshe with respectful language. . . Re”m writes: I do not know what forced Rashi to explain that “There He tested them” refers to their complaint. And consequently, it is unrelated to the statutes and ordinances that He set before them. Why did Rashi not explain that it refers to the mitzvos He gave them, to test them if they will accept the mitzvos with joy? And that would fit better with what follows: “If you vigilantly obey. . .” The answer [to Re”m’s objection] is: If “There he tested them” referred to the mitzvos He gave them, it should have simply said: “There He set before them statutes and ordinances, and He tested them.” Why does it say, “And there He tested them”? The word “there” implies it is a new point. Thus Rashi explains that it refers to the people’s complaint.

Es ist ganz evident, dass die "Grundlegung von Gesetz und Recht" an die Versüßung der bittern Wasser durch das von Gott gelehrte Ingredienz anknüpft, und diese Erfahrung den Wert und die Bedeutung des Gottesgesetzes für unser irdisches Dasein veranschaulichen sollte. Dafür bürgt das שם, dort gab Er ihnen die Grundlagen von Gesetz und Recht, und ebenso der Inhalt der Rede, in welcher sich sofort Gott selbst über den Wert seines Gesetzes ausspricht, das Er als die prophylaktische Arznei für alle irdischen Übel erklärt. Daher auch das Wort ר׳ בן יוחאי's: דבר מן התורה הראהו שנאמר ויורהו ד׳ עץ ויראהו אינו אומר אלא ויורהו כענין שנאמר ויורני ויאמר לי וגו׳ nichts, als den klaren wirklichen Inhalt des Vorganges ausspricht.

שם שם לו חק ומשפט, “there He made for them a statute and an ordinance; according to Rashi, one of them was the law of the red heifer, although in practice it could not be practiced until the second year of their wanderings. [There is no earlier source for Rashi’s saying that this law was revealed at Marah. Ed.]

ושם נסהו, the Torah recorded that G’d deliberately led the people into regions which lacked basic survival needs, and when He brought them to a place that had water, the water turned out to be unfit to drink. All this is part of “being tested.” Moses referred to this at the end of forty years, when he said: ויענך וירעיבך, “He subjected you to oppressive conditions and He starved you.” (Deut. 8,3) G’d did so in order that the people should better appreciate how He responded to their complaints, and provided constant comforts for them.

חק: Zunächst Bestimmungen des dem geistig-leiblichen Wesen des Menschen Angemessenen und Nichtangemessenen, Schranken der individuellen Willkür, wie עריות und משפט .מאכלות אסורות: die soziale Ordnung regelnde Gesetze. Wenn nach Raschi darunter פרה ,שבת und דינין verstanden sind, so erkennen wir in פרה die Grundlage aller die sittliche Freiheit bedingenden חקים, da פרה selbst die symbolische Proklamierung des Prinzips der sittlichen Freiheit, der טהרה ist. Statt פרה ist Sanhedrin 56 b. כבוד אב ואם genannt, das in seiner Unterordnung unter den elterlichen Willen die Erziehung zum freien Gehorsam, somit eben zur sittlichen Freiheit begründet. דינין sind ohne weiteres die Grundprinzipien des sozialen Rechts: משפט, und es bliebe nur zu erwägen, in welchem Teile des Textes eine Andeutung des שבת zu finden wäre. Vielleicht liegt dies in dem Worte שם, der Grundlegung selbst. Die Basis der ganzen sittlichen und sozialen Gesetzgebung ist die Anerkennung des מלכות שמים, der Gottesherrschaft, d. i. der Hörigkeit der Welt und des Menschen mit seinen in die Welt eingreifenden Kräften an Gott, die Unterordnung des Menschen unter Gott überhaupt, und dieser Basis aller "Gesetzlichkeit" des Menschen ist die Institution des שבת geweiht. (Über פרה siehe Jeschurun I. 301 ff.)

נסה ,נסהו, verwandt mit נצח ,נצה ,נשה, denen allen der Begriff: jemanden zu einer Leistung auffordern zu Grunde liegt, und ebenso mit נסע, das das Weiterschreiten zu einem andern Standpunkt bedeutet, heißt daher sowohl jemanden oder etwas auf die Probe stellen, prüfen, versuchen, als auch: üben. Ist ja jede Übung nichts anderes, als das Versuchen einer Kraft an der Lösung einer bis dahin noch nicht, oder noch nicht hinlänglich gelösten Aufgabe. So: כי לא נסיתי באלה (Sam. I. 17, 39). In diesem letztern Sinne kann der Ausdruck נסה hier und im ganzen Verlauf der Wanderung durch die Wüste, wie im folgenden Kap. V. 4 u. f. dahin verstanden sein, dass Gott durch die prüfungsvollen Lagen, in welche er Israel gebracht, sein Volk für die Erfüllung seines Gesetzes üben wollte. Und so kann es auch hier verstanden sein. Allein da es hier nach שם שם לו וגו׳ steht, so kann es auch in der gewöhnlichern Bedeutung: erproben, verstanden werden, und zwar so, dass das Volk Subjekt und das Gesetz das Objekt in נסהו ist, nämlich: dort gab ihm Gott die Grundlagen seines Gesetzes und dort erprobte es dasselbe, lernte es, durch die Versüßung der bittern Wasser, die Kraft der treuen Erfüllung des göttlichen Willens kennen.