פרשה: יתרו · עלייה: שני (גבורה)

כי יבא אלי העם לדרוש אלוקים "for the people come to me to seek out G'd." What did Moses want to accomplish with this reply? Did Yitro not see for himself that the people came to Moses to seek out G'd (judgment approved by G'd)? Yitro's question had been why Moses followed a particular procedure, one which was inconvenient for the people. He did not ask what Moses was doing.

I believe that Moses referred to the emphasis Yitro had placed on the words אשר אתה עשה לעם, "which you are doing to the people." Moses understood that Yitro implied that Moses forced the people to appear before him, that he was not willing to let other people function as judges, and that as a result the people suffered inconvenience. If only Moses were willing to delegate he could save the people all this inconvenience. Moses replied to this accusation by saying that the matter was not of his choosing but that the people insisted on bringing their problems to him personally. He also explained to Yitro who could not understand why the people were willing to put up with this inconvenience that "anyone who has some matter comes to me." The Zohar second volume page 78 explains the words דבר בא אלי to mean that "a Divine ruling comes to me," i.e. Moses' decision would be divinely inspired. Since no other judge had been so favoured by G'd, the people are willing to put up with the inconvenience.

As a result of these considerations there was no point in appointing other judges for the people to go to. Moses concluded by saying: "I make them know the statutes of G'd;" this too was something no one else was able to do.

Yitro was not sure that he had understood Moses' words correctly seeing that they were capable of two interpretations. 1) Moses could have meant that inasmuch as the people came to him voluntarily he felt he had to fulfil the מצוה to settle arguments between two people personally. 2) The people did not want anyone else but Moses to preside over their litigation as I have already explained. Yitro worded his proposal in such a way that it would fit either of the reasons Moses had mentioned why he alone had to preside over litigation. Concerning Moses' argument that he wanted to fulfil the מצוה of judging personally, Yitro said: לא טוב הדבר, "this is not a good method." He then proceeded to explain why it was not a good system. Concerning Moses' argument that the people insisted that only he should be their judge, Yitro said: "I will give you some advice, etc." He presented his scheme in such a way that both litigants in a quarrel would return home satisfied. Should one of them not be satisfied he would still have the option of Moses personally hearing his case. The total number of cases submitted to Moses would be greatly reduced. As a result there would be a great reduction in personal tensions. If, per chance, the lower court would declare itself incompetent to settle an issue, והיה (verse 22), the judges of that court could in turn come to Moses and submit the problem to him. Yitro demonstrated to Moses that the fact that people wanted him to hear their problems personally did not obligate him unless they could not be made happy any other way.

נבול תבול, "you will surely become weary, etc." Yitro repeated the word נבול because it has two meanings. We apply this term to describe anything which has lost some of its original strength, and as a result has become weary, fatigued, relative to its original state. Nonetheless the subject under discussion is still able to perform its basic task though with greater exertion. The second meaning of נבול is a feeling of weariness which is felt so keenly that the subject is unable to carry out his regular routine at all. Yitro warned Moses that though, intially, he would feel only slightly weary, eventually he would become so weary, נבול תבול, that he would be unable to function at all. Yitro underlined this by saying: "you will not be able to carry on by yourself." Alternatively, the reason he repeated the word was simply because he wanted to illustrate how both Moses and the litigants would become weary.

גם אתה גם העם הזה, "both you and this people, etc." Yitro used the word גם twice to indicate that not only Moses whose powers were very great and close to inexhaustible would tire (seeing he had to preside over litigation daily for many hours), but also the people who would have to stand in line would find this too tiresome.

The Mechilta understands the word גם as referring to Aaron, whereas the word העם would refer to the seventy elders. We need to understand the reason for this interpretation. If they considered only the word גם they would have had to explain these two words in the same way as we have done. However, the sages realised that if Moses would follow Yitro's advice he would have had to appoint close to 80,000 judges. He therefore indicated that even seventy elders were far too few. The sages therefore understood the word גם to refer to the additional judges Moses would have to appoint. They interpreted the second גם to refer to judges in addition to Moses. In each instance the word גם added a new element. According to the sages, the first גם meant that although Moses was such a superior judge, others, less competent would also have to be appointed, whereas the second גם meant that although the elders were numerous, even their number did not suffice to ensure that the litigation procedure would run smoothly and promptly. It is also possible that the words גם אתה included the people who would feel weary because of standing in line, waiting. Yitro added a second גם to tell Moses that even if he co-opted the seventy elders this would still be far short of what was needed.

ואתה תחזה מכל העם אנשי חיל "and you shall seek out from amongst all the people able men, etc." This does not mean that the people should appoint the judges, but that Moses should look for suitable candidates. The Torah also hints that inasmuch as Moses would do the appointing, he could view himself as the judge seeing his appointees were his delegates.

מכל העם, "from amongst all the people, etc." This means that although Moses might find candidates acceptable to him he should not appoint them until they also proved acceptable to all the people and the people asked for these men to be appointed as judges.

אנשי חיל, יראי אלוקים, וגו׳ "able and G'd-fearing men, etc." Yitro spoke of four different qualifications corresponding to the four levels of judges he had suggested, i.e. chiefs of tens, chiefs of fifties, chiefs of hundreds and chiefs of thousands. The expression אנשי חיל is an all encompassing term, i.e. people who possess all the necessary qualifications mentioned to the fullest extent. Such people would be appointed as chiefs of thousands. In order to qualify as a chief of hundreds, Yitro demanded that the judges possess fear of the Lord; the reason that he mentioned יראי אלוקים (instead of יראי השם, for instance) was that their fear of the Lord need comprise only fear of punishment if they trespassed the Lord's commandments. This qualification was adequate to qualify a person to be a chief of hundreds. Although fear of the Lord in His capacity as the tetragram might be perceived as a higher qualification, in this instance it was not. Fear of the Lord as awe of the majesty represented by G'd includes awareness of all of G'd's attributes including the fact that He may be forgiving, display patience, etc. These latter considerations would make a judge think that if he committed an error G'd would be indulgent with him. It was important to Yitro that the judge would be constantly aware of the penalty he would face if he perverted justice. Yitro's point is best illustrated in Chagigah 4 where the prophet Samuel who had been raised from the dead by the witch employed by King Saul was visibly frightened (Samuel 28,15). If Samuel had reason to be concerned, how much more must ordinary individuals be afraid of G'd's justice. The Talmud reports that Samuel did not make an appearance until Moses himself accompanied him as a protector. The chiefs of thousands also possessed this quality of fear of punishment; in their case they possessed an additional qualification which the chiefs of hundreds did not need to possess. Concerning the qualifications needed in order to be appointed as one of the chiefs of fifties, Yitro demanded that these judges be known as truthful. Although these people did not possess the level of fear of punishment which characterised their colleagues the chiefs of hundreds, their reputation as truthful men sufficed to make them eligible as chiefs of fifties. Finally, in order to qualify as a chief of tens it was only necessary to have a reputation that one spurned ill-gotten gains. Yitro was careful to describe these people as "hating" ill gotten gains. It was not enough that they could curb their desire for such gains; they had to be people who never allowed themselves to lust after such gains. These last-mentioned qualifications were, of course, presumed to be possessed also by the chiefs of fifties and the chiefs of hundreds. If Yitro had meant for these various qualifications he mentioned to be be cumulative, i.e. that even a person who was a chief of tens had to possess all of these attributes, the attributes should have been linked to each other by the conjunctive letter ו i.e. אנשי חיל ויראי אלוקים.

It is obvious that if Moses were able to find a sufficient number of people possessing the highest of these attributes this would be wonderful; as it turned out, the Torah reports that Moses was indeed able to find close to 80,000 people who could qualify for the title of אנשי חיל. This also proves that Yitro had spoken of these qualifications in a descending order. Had Yitro intended for these qualifications to be cumulative, the Torah would have had to report that Moses found people who were men of truth, G'd-fearing, hated ill gotten gains, etc. We must certainly not assume that the reason the Torah does not mention Moses as having selected men of truth, G'd-fearing men, etc. was because he could not find such people. The only reason that Yitro had mentioned a variety of qualifications in a descending order was that he was afraid Moses might not be able to find a sufficient number of people with the highest attribute of all.

I have given some thought as to the reason why Yitro merited that this whole portion bears his name. While it is true that inasmuch as Yitro paid honour to Moses the servant of G'd, G'd repaid him by honouring him, G'd could have found many other ways of compensating Yitro for his good deeds. Why did the Torah have to create the impression that if it had not been for Yitro a priest from Midian, Moses together with G'd's chosen people would not have known how to administer the Israelites' affairs?

I believe the reason for all this is that G'd wanted to show the Jewish people already at that time and for all future generations that there are great and intelligent men to be found amongst the nations of the world. Yitro was an example of an enlightened Gentile who demonstrated this point beyond question. It is to teach us that if G'd chose the Jewish people as His people this is not because they possess superior intellectual qualities. G'd chose the Jewish people as a reward for the loyalty the patriarchs had shown Him and as an act of love towards this people. There is a discussion in Zevachim 116 as to whether Yitro arrived in the desert prior to the revelation at Mount Sinai or after. According to the view that he arrived prior to the revelation, the point we just made that G'd did not choose the Jewish people because of their intellectual superiority is reinforced. Although the Gentiles number more wise men than the Jews G'd still decided to make us His pilot project. This imposes an additional duty on us to praise Him for having chosen us as an act of love. Even according to the opinion that Yitro arrived in the desert only after מתן תורה, the reason that the Torah reports his arrival before it reports the revelation indicates that the Torah wishes us to learn this lesson.

בכל עת, "at all times." The Torah hints that even at times when Moses was busy receiving instructions from G'd these judges would continue to dispense justice, something that Moses had not been able to do.

והקל מעליך ונשאו אתך, "so they shall make it easier for you and bear the burden with you." Yitro meant that his suggestion was intended to lighten Moses' burden, not that he would not be allowed to judge any other than the most difficult cases. The idea was that the other judges should share the burden together with Moses.

אם את הדבר הזה תעשה וצוך השם, "if you will do this thing and the Lord will command you, etc." Why did Yitro add the rider about G'd commanding Moses to accept his suggestion? If Yitro wanted for Moses to consult with G'd about the matter, he had already done so in verse 19 when he said: "I will give you an advice and G'd will be with you." Why did he have to repeat himself? Perhaps Yitro was afraid of Moses arguing that after all was said and done he would forfeit the opportunity to perform the commandments of teaching the people G'd's commandments and that it was not the way of the righteous to look for ways to ease their burdens even if they would tire from shouldering them. After all, man was born in order to carry burdens (Job 5,7). In order to forestall such an argument, Yitro said: "and if the Lord will command you." Yitro was not unaware of the physical strength required to be a prophet. We have a description of how Daniel found himself physically weak in the presence of an angel (Daniel 10,8). Imagine how much weaker he would have been had he faced G'd as Moses did on an almost daily basis. Our sages in Nedarim 38 state that the spirit of prophecy rests only on people who are physically superior, of heroic dimensions. Moses had refined his body so that he did not experience weakness even when he had a gruelling day of sitting in judgment. Nonetheless he was only a human being with all that this implies. Yitro told him therefore that he should forego this particular commandment which was capable of fulfilment by others in order to be able to fulfil his task as a prophet in the best manner possible. When Yitro said: "if you do this thing and G'd commands you, you will be able to endure," he meant that if Moses accepted his advice he would be able to endure as a prophet, i.e. when G'd would communicate with him and teach him other commandments because you have husbanded your strength. When Yitro said ויכלת עמוד, you will be able to stand, he meant that Moses would retain sufficient strength to receive G'd's communications while remaining standing on his feet. We have proof that this is what occurred in Exodus 34,2 where G'd tells Moses: "stand with Me there on top of the Mountain," and in Deut. 5,28 where G'd invited Moses: "stand here with Me." Yitro was afraid that unless Moses reduced his present workload this would undermine his physical ability to carry out his prophetic duties to the full.