The Laws and Statutes of Marah

Two Commandments That Came Early

In Parshat VaEtchanan, Moshe Rabbeinu reviews the Ten Commandments. But two of them—Shabbat and honoring one’s parents—stand out. These two were already taught before Har Sinai, at a place called Marah.

In Chapter 5, verse 12, the Torah says:
“Shamor et yom haShabbat lekadesho ka’asher tzivcha Hashem Elokecha”
—“Guard the day of Shabbat to sanctify it, as Hashem your God commanded you.”

Rashi asks: when was this mitzvah commanded before Sinai? He answers: at Marah. After the splitting of the Red Sea, Bnei Yisrael arrived at the bitter waters in Marah. There, the Torah says:
“Sham sam lo chok u’mishpat, v’sham nisahu”
—“There He placed for them a chok and a mishpat, and there He tested them.”

The commentaries explain: “chok” refers to Shabbat, and “mishpat” refers to honoring one’s parents. These two commandments, therefore, were already introduced to the Jewish people in Marah.

Bitter Waters and a Deeper Test

Marah means “bitterness.” The waters were undrinkable, and the people began to complain. Hashem told Moshe to throw a tree into the water, which miraculously sweetened it. But this was more than a physical test; it was a spiritual one.
“V’sham nisahu”—there He tested them—to see if they would hold on with emunah or give in to complaint and despair.

Unfortunately, they failed the test. Their reaction—vayilonu, they grumbled—revealed a lack of patience and trust. And yet, it was at this exact place of bitterness that they were introduced to two central mitzvot: Shabbat and honoring parents.

Shabbat as Chok, Honoring Parents as Mishpat

Why were these specific commandments given at Marah?

The Sages distinguish between chok and mishpat.
A mishpat is logical. Honoring parents makes sense even without Torah. A child naturally owes gratitude to the ones who birthed, fed, sheltered, and nurtured them. It is a law of human decency and conscience.

But Shabbat is a chok—a statute that transcends human logic. Why should a person stop working every seventh day simply because Hashem did so in Creation? Why should the rhythm of life align with Divine rest?

To live by chok requires emunah. At Marah, in the face of bitterness and confusion, the Jewish people were taught that some laws are rational—and others are acts of surrender, accepting Hashem’s will even without full understanding.

The Ten Laws of Marah

At Marah, the Torah teaches that Hashem gave Bnei Yisrael “chok u’mishpat”—statutes and laws—before Matan Torah. Rashi, quoting the Gemara, enumerates ten laws taught there:

The seven Noachide laws, which apply to all of humanity and are fundamentally logical. This includes the obligation to appoint judges to enforce these laws—also rational and called a mishpat.
Shabbat, a chok—irrational and rooted in emunah.
Honoring one’s parents, a logical law but difficult in practice.
Parah Adumah, the red heifer, the ultimate chok—completely beyond understanding.

These ten laws were given before Har Sinai, in a place of bitterness and testing. The question arises: why these particular laws? Why not other commandments?

Shabbat Nachamu and Tu B’Av remind us that comfort and redemption are already in motion

Torah Laws Given in Bitterness

The answer lies in the context of the test. At Marah, Hashem tested Bnei Yisrael with the bitter waters, and they failed. They complained rather than turning to Hashem with emunah. Immediately after, Hashem gave them these ten laws.

Why give laws after failure?
To teach that even when a person fails a test, he is still bound by and connected to Torah. And not just any laws—but those that correlate to struggle.

Shabbat restricts action. A person might feel constrained, frustrated by limitations.
Parah Adumah defies reason. It purifies the impure and contaminates the pure.
Honoring parents can be emotionally and practically challenging.
The Noachide laws demand restraint in areas of deep temptation.

These are not abstract ideas—they are real-life tests, echoing the test of Marah. By giving these laws, Hashem was saying: “Even if you fail, you still have Torah. And Torah itself contains the tools to rise again.”

Bitterness Before Revelation

The laws taught at Marah—Shabbat, honoring parents, the Noachide laws, and the red heifer—were more than legal instructions. They were a test. These four categories each involve real effort and inner struggle. They require a person to endure bitterness, to accept restrictions, and to act against personal instinct or logic.

Why were these specific laws given before the Ten Commandments? Because they represent a prerequisite. Before one can receive the light of Torah, the revelation at Sinai—the Keter, which is the crown of divine wisdom—one must first go through the bitterness of Marah. One must confront tests, even fail them, and continue forward with emunah and Torah study.

Only through bitterness can the soul be prepared to receive the higher light. The chok and mishpat of Marah serve as spiritual preparation, aligning a person with the Infinite Light by confronting and transforming difficulty into growth.

A Double Consolation

This idea connects directly to the Haftarah of Shabbat Nachamu, which begins with the words: Nachamu, nachamu ami—“Be comforted, be comforted, My people.” Why a double consolation?

The first “Nachamu” is for the bitterness of Marah itself—for the life struggles, the challenges, the setbacks in emunah.
The second “Nachamu” is for the consolation itself—the spiritual light, the joy, and the higher connection that emerges after enduring suffering.

This double consolation is the pathway from Marah to Mount Sinai, from darkness to clarity, from pain to redemption.

The Depth of Tu B’Av

This Shabbt is also includes Tu B’Av, a day of hidden joy and spiritual elevation. Two historical events define it:

The cessation of death among the generation doomed to die in the desert—now a new generation can enter the Land.
The establishment of Tu B’Av as a day for shidduchim, for forming marriages and continuing Jewish destiny.

These reflect once again chok and mishpat:

Death is a chok—beyond comprehension, unpredictable.
Marriage is a mishpat—it follows a structure, a purpose in building family and continuity.

Thus, chok and mishpat echo across Parashat VaEtchanan, Shabbat Nachamu, and Tu B’Av. They speak of a world where Divine order and human struggle meet—where consolation comes after pain, and light follows darkness.

As we reflect on the bitterness of Marah, the challenges of emunah, and the depth of laws that defy our understanding, we begin to grasp how Hashem prepares us for His greatest gifts. Through tests of chok and mishpat, through the darkness of exile and confusion, we are being led toward the ultimate light. Shabbat Nachamu and Tu B’Av remind us that comfort and redemption are already in motion—and just as the Jews were once given a foretaste at Marah, we too are being guided step by step toward the final revelation, the rebuilding of the Beit HaMikdash, and the return of the Infinite Light. May we merit to hold on through the bitterness and receive the joy that follows, b’simcha and b’emunah.

Shabbat Shalom

Meir Elkabas