לא-ל מלך יוצר כל המנחיל לעמו ישראל. First there was the concept of Shabbos as a מתנה (at אלוש) and after מתן תורה it became a נחלה. (Perush to Tefilah page 104)
e. Based on this idea, one can suggest that שבת ראשונה refers to the first Shabbos after אלוש because that was the first time, they observed Shabbos as a מתנה.
VI. Can there be a concept of mitzvos before Matan Torah?
a. Maharal writes that the difference between Marah and אלוש is that the mitzvos given at Marah didn't have the status of Torah and the Bnei Yisrael only observed them like they observed the other Noachide laws. It was only at אלוש that the Jews were able to observe Shabbos as part of the mitzvos HaTorah. (gur Aryeh Shmos 15,25)
- This is how Maharal answers Tosafos' question regarding שבת ראשונה.
- Maharal also explains that at Marah, because it didn't have the status of Torah, they didn't observe all of the details. (Gur Aryeh Bemidbar 15,32)
b. Maharal's comments highlight the fact that not every mitzvah given before Matan Torah can have the status of Torah, even if it is intended for future generations.
c. The Gemara has a discussion about whether avodah zarah was the first mitzvah that was given. The Gemara tries to prove that it was not the first mitzvah from the fact that mitzvos were already given at Marah. (Horiyos 5a-b)
- R. Yitzchak Zev Soloveitchik asks: why doesn't the Gemara prove this from the mitzvos that were given in Mitzrayim starting with החדש הזה לכם? (Shmos Chpater 12)
- The implication of the Gemara is that the mitzvos before Matan Torah, or at least at Marah had the same status as those that were given at Matah Torah. If they had a lesser status, as Maharal suggests, how can the Gemara claim that avodah zarah wasn't the first mitzvah?
- R. Dovid Cohen (cited in the sefer on page 52) suggests that the mitzvos of Marah had a special status because they all relate to derech eretz and are therefore part of the kabolas haTorah process as דרך ארץ קדמה לתורה. The mitzvos of Parashas HaChodesh are not included in derech eretz and therefore were not considered Torah until Matan Torah.
d. Rambam has two comments that relate to this idea
- In his Peirush HaMishna he writes that all mitzvos are a function of Matan Torah, even the mitzvos such as milah that were given beforehand. (Chulin Chapter 7)
- Rambam also writes that the Noachide laws must be observed because G-d commanded them through Moshe. It is not enough to simply observe them. (Hilchos Melachim 5,11)
- It is possible that Rambam means that all mitzvos are a function of the original commandment to Moshe. Milah was not given to Moshe and therefore wasn't considered Torah until Matan Torah. Regarding Shabbos, since it was given to Moshe at Marah, that was when the mitzvah of Shabbos began.
e. R. David Avudraham suggests that that the reason why we only say אשר בחר בנו on Yom Tov and not Shabbos is that Shabbos was given before bechiras Yisrael and is not a function of bechiras Yisrael. Yom Tov was given at Har Sinai and is therefore a function of bechiras Yisrael. (Arvis Shabbos)
- This sounds similar to Maharal in that the observance of Shabbos prior to Matan Torah was not a function of kedushas Yisrael. The difference is that according to Maharal, at אלוש, they started to observe Shabbos with kedushas Yisrael and according to Avudraham that didn't happen until Matan Torah.
f. Rabbeinu Bachya supports the idea of Maharal. He claims that the mitzvos before Matan Torah were a form of chinuch to prepare the Bnei Yisrael for full acceptance of mitzvos. (Shmos 3,1)
g. Rashi, in Yevamos (46a) writes that once they received milah in Mitzrayim, they no longer had the status of Bnei Noach.
This implies that observance of Shabbos at Marah was not merely as Bnei Noach, but Rashi also implies that they didn't have full kedushas Yisrael.
