Jethro, who had come to Moses shortly before the revelation on Mount
Sinai, stayed with his son-in-law for more than a year. In the first
months, however, he had no opportunity of observing Moses in the
capacity of judge, for Moses spent the time from the day of the
revelation to the tenth day of Tishri almost entirely in heaven. Hence
Jethro could not be present at a court proceeding of his before the
eleventh day of Tishri, the first day after Moses' return from heaven.
Jethro now perceived how Moses sat like a king upon his throne, while
the people, who brought their lawsuits before him, stood around him.
This so displeased him that he said to his son-in-law: "Why sittest
thou thyself alone, and all the people stand by thee from morning until
even?" Moses answered: "Because the people come unto me to enquire of
God. It is not in my honor that they stand, but in honor of God, whose
judgement they would know. When they are in doubt over a case of clean
or unclean, or when there is a dispute between two parties, which they
desire to have settled exactly according to the law, or in conformity
with a compromise, they come to me; and when the parties at dispute
leave me, they part as friends and no longer enemies. I expound to the
people, besides, the words of God and His decisions."
On the day that Moses again took up his activity as a judge, and Jethro
had for the first time the chance of observing him, came the mixed
multitude with the pleas that they, like the other Israelites, wanted
their share in the Egyptians booty. Moses' method, first seen by him in
practice, [160] struck Jethro as most absurd, and he therefore said:
"The thing that thou doest is not good," through delicacy softening his
real opinion, "It is bad" to "It is not good." [161] "The people," he
continued, "will surely unbraid thee and Aaron, his two sons Nadab and
Abihu, and the seventy elders, if thou continuest in this fashion. But
if thou hearkenest now to my voice, thou wilt fare well, provided God
approves of my plan. This is, that thou shalt be 'the vessel of the
revelations of God,' and shalt lay the revelations of God before the
people, as often as thou receivest them; so that they may understand
the exposition of the Torah, as well as its decisions. And thou shalt
instruct them how to pray in the synagogues, how to tend the sick, how
to bury their dead, how to render the services of friendship to one
another, how to practice justice, and how, in some cases, not to insist
on strict justice. But as for trying the people as a judge, thou
shouldst, in accordance with thy prophetic insight, choose men that are
possessed of wisdom, fear of God, modesty, hate of covetousness, love
of truth, love of humanity, and a good name, and these shall devote all
their time to trials, and to the study of the study of the Torah. If
God approve my plan, then wilt thou and Aaron, his sons and the seventy
elders, and all the people dwell in peace." [162]
This counsel of Jethro's found great favor in Moses' eyes, for he had
been only too well aware of the difficulties and annoyances with which
he had had to contend. The people were very disputatious, being willing
to spend seventy silverlings in litigation costs for the sake of
gaining one silverling, and did their utmost to lengthen their disputes
at law. When on say that Moses was about to cast a decision against
him, he demanded that his lawsuit be adjourned, declaring that had
witnesses and other proofs, which he would bring forward on the next
occasion. But they were not merely litigious and disputations, they
were also spiteful, and vented their temper on Moses. If Moses went out
early, they would say: "Behold the son of Amram, who betakes himself
early to the gathering of manna, that he may get the largest grains."
If he went out late, they would say: "Behold the son of Amram, he goes
through the multitude, to gather in marks of hone." But if he chose a
path aside from the crowd, they said: "Behold the son of Amram, who
makes it impossible for us to follow the simple commandment, to hone a
sage." Then Moses said: "If I did this you were not content, and if I
did that you were not content! I can no longer bear you alone. 'The
Eternal, your God, hath multiplied you, and behold, ye are this day as
the stars of heaven for multitude. The Lord, God of you fathers, make
you a thousand times so many as ye are, and bless you, as he hath
promised you!"
The Israelites were not content with this blessing of Moses, and said
to him: "O our teacher Moses, we do not desire thee to bless us, we
have had much greater blessings given to us. God spoke to our father
Abraham: 'I will bless thee and in multiplying I will multiply thy seed
as the stars of the heaven, and as the sand which is upon the sea
shore,' and thou dost limit our blessings." Moses cried: "I am only a
creature of flesh and blood, limited in my powers, hence is my blessing
limited. I give you my blessing, but the blessing of God remains
preserved for ye, and He will bless you unlimitedly, and multiply you
as the fish of the sea and the sands on the seashore, as the star in
the sky and the plants on the earth." [163]
After he had bestowed his blessing upon them, he asked them to propose
capable pious men, that he might appoint them as judges and leaders
over them. He said: "If a man were to present himself to me as a
candidate for this position of honor, I alone should not be able to
decide to what tribe he belonged, and whence he came; but you know
them, and hence it is advisable for you to propose them. Do not think,
however, that I feel I must abide by your choice, for it depends solely
upon me, whether or not I shall appoint them."
The people were very eager to carry this plan of Moses into execution,
and requested him to settle the matter as quickly as possible. But
their motive was self-interested, for every one among them said: "Moses
will now appoint about eighty thousand officials. If I myself should
not be among them, surely my son will be, and if not he, my grandson,
and with a gift of some kind it will be an easy matter to induce such a
judge to look after my interests at court." Moses, of course, was not
deceived about their true sentiments; still, he paid no further
attention to them, and picked out the best men among the people, though
they were not possessed of nearly all the good qualities Jethro had
thought essential for judges and leaders of people. With kindly words
he invited them to assume their offices, and said: "Blessed are ye that
are judged worthy of being leader of the children of Abraham, Isaac,
and Jacob, of a people whom God called His friends, His brothers, His
flock, and other titles of love." He impressed upon them that they must
possess much patience, and must not become impatient if a lawsuit is
brought before them more than once. "Heretofore," he said, "you
belonged to yourselves, but from now you belong to the people; for you
judge between every man, and his brother and his neighbor. If ye are to
appoint judges, do so without respect of persons. Do not say 'I will
appoint that man because he is a handsome man or a strong man, because
he is my kinsman, or because he is a linguist.' Such judges will
declare the innocent guilty and the guilty innocent, not through
wickedness, but through ignorance; and God will reckon the appointment
of such judges against you, as a perversion of justice, on account of
your respect of persons. If a wealthy man and a poor man come before
you to court, do not say: 'Why should I insult the rich man for so
small a matter? I will rather give judgement in his favor, and then,
outside the court, tell him to give the poor man what he demands, as he
is in the right.' But do not, on the other hand, if the poor man is in
the wrong, say: 'The rich man is obliged to assist the poor anyhow, I
will now decide in favor of the poor, that in a decent way he may,
without begging, obtain money from his rich fellow-man.' Do not,
moreover, say: 'I fear to pronounce judgement, lest that man kill my
son, burn my barn, or destroy my plants,' for the judgement is God's."
After these admonitions, Moses instructed the new judges in legal
procedure, in both civil and criminal cases, and at the same time urged
the people no to deny the judges the veneration due him. [164] For
great is the importance of justice. For him who hates it, there is no
remedy; but the judge who decides conscientiously is the true
peacemaker, for the weal of Israel, of the commonwealth, and indeed of
all living creatures. [165]