We see, as we did from the previous paragraph, the difference between David and his men. His men, (שמואל א ל:ו) מרה נפש כל העם, blamed David and threatened to stone him. However, ויתחזק דוד בה׳ אלקיו. Here, they are (at least some of them) are איש רע ובליעל. The word בליעל, ”wanton, uncontrolled“, often has a very negative meaning (the people of גבעה in the incident of the פילגש בגבעה are called (שופטים יט:כב) בני-בליעל), but sometimes has the sense of selfish, niggardly:
So too here. David’s men do no recognize that everything they have is a gift from ה׳, where David does: אשר נתן ה׳ לנו.
This idea, that the spoils of war should be split evenly between the soldiers and those on the home front, goes back to Avraham:
And we see it later as a direct command to בני ישראל:
The Malbim explains whatDavid did differently, and what it means to be a חק ומשפט:
Note what the Malbim is doing here. He is redefining our usual understanding of חק and משפט.
The idea of sharing the spoils with those who remained behind had always been a good thing, but as an ethical principle (Malbim’s translation of חק as נימוס, nomos). A משפט has a practical benefit. David established this תקנה as a necessary part of the way he would do battle. There had to be those who remained behind to pray, and their role was as important as the soldiers themselves.
And the Midrash actually sees a hint to this idea in ה׳'s commandment about the war with Midyan:
If I may push a textual parallel further than it should go, this may be part of the symbolism of the 400 Amelekites who run away from this battle. David’s 400 men has, throughout the text, highlighted the connection between David and Esav. Both are אדמוני, both are appeased with a gift called a ברכה, both use(or are attributed) the phrase למי אתה. David has the opportunity to become another אדום, a bandit kingdom preying on the caravans to and from Egypt. But here he decides to be a king in a מלכות ישראל. The textual parallels disappear at this point. His men will now be called הגברים אשר לדוד, not ארבע מאות איש. The curse of Esav has run away.
The structure of the paragraph reminds us of other places in תנ״ך:
And most relevantly, the list of Canaanite kings conquered by Joshua:
Our text is a שירה as well, a song of victory. Not a military conquest, but a political victory. David is an enemy of the state, a known rebel and vassal of the Philistines. To accept money from him would be like accepting a donation from Abu Bakr al-Baghdadi. These cities were declaring their loyalty to David and in effect seceding for Saul’s kingdom.
The נביא will not focus on Saul’s last days. The next time we see David, he is crowned king of Judah. This doesn’t come out of the blue; the loyalty of the people is evident here as well.