Yithro
This parsha has a definite centerpiece: the Ten Commandments: the most widely accepted (catholic?) text in the Bible. These are the statements/laws that were directly communicated by Gd to Moses and Israel and set in stone. This parsha marks a transition in style. Up until now, the Torah told a story. Now, the style changes to legalisms and details.
Yithro is a story that sets the stage for that transition. It begins with Yithro, Moses’ gentile father-in-law approaching Moses and the newly victorious and liberated people. He comes with the wife and children that Moses had abandoned to advance the story of the Exodus.
Yithro had been the righteous father, father-in-law and grandfather. He had sustained the abandoned family. The behavior of Moshe demonstrates the problem of conflicting goals. Moshe abandoned his wife and children to liberate the Israelites. I can conceive of a law that would make that behavior a crime. The circumstances dictated that the rule that a man support his spouse and family had to be bent. The problem with rigid law is revealed by the story.
Now, after the Israelite victory over Egypt, Yithro sees Moshe consumed by the impossible task of judging the nation all day. Yithro recognizes that this situation is not viable. It will kill Moshe and make the people disgusted.
Yithro proposes a novel approach. Announce a set of laws.
וְהִזְהַרְתָּ֣ה אֶתְהֶ֔ם אֶת־הַחֻקִּ֖ים וְאֶת־הַתּוֹרֹ֑ת וְהוֹדַעְתָּ֣ לָהֶ֗ם אֶת־הַדֶּ֙רֶךְ֙ יֵ֣לְכוּ בָ֔הּ וְאֶת־הַֽמַּעֲשֶׂ֖ה אֲשֶׁ֥ר יַעֲשֽׂוּן׃
and enjoin upon them the laws and the teachings, and make known to them the way they are to go and the practices they are to follow.
This is a move from intuitive judgment to laws that will be set in stone. The problem is that laws set in stone are not perfectly sensitive to the situations in which they are applied. The law is not enough. A system of judges is still needed. But the law assures that everyone works within the same set of rules. The law builds confidence in the hierarchical judicial system that is credited to Yithro
וְאַתָּ֣ה תֶחֱזֶ֣ה מִכׇּל־הָ֠עָ֠ם אַנְשֵׁי־חַ֜יִל יִרְאֵ֧י אֱ
אַנְשֵׁ֥י אֱמֶ֖ת שֹׂ֣נְאֵי בָ֑צַע וְשַׂמְתָּ֣ עֲלֵהֶ֗ם שָׂרֵ֤י אֲלָפִים֙ שָׂרֵ֣י מֵא֔וֹת שָׂרֵ֥י חֲמִשִּׁ֖ים וְשָׂרֵ֥י עֲשָׂרֹֽת׃
You shall also seek out, from among all the people, those who are capable and who fear Gd—trustworthy ones who spurn ill-gotten gain. Set these over them as chiefs of thousands, hundreds, fifties, and tens, and
וְשָׁפְט֣וּ אֶת־הָעָם֮ בְּכׇל־עֵת֒ וְהָיָ֞ה כׇּל־הַדָּבָ֤ר הַגָּדֹל֙ יָבִ֣יאוּ אֵלֶ֔יךָ וְכׇל־הַדָּבָ֥ר הַקָּטֹ֖ן יִשְׁפְּטוּ־הֵ֑ם וְהָקֵל֙ מֵֽעָלֶ֔יךָ וְנָשְׂא֖וּ אִתָּֽךְ׃
let them judge the people at all times. Have them bring every major dispute to you, but let them decide every minor dispute themselves. Make it easier for yourself by letting them share the burden with you.
When the Israelites were preparing to receive the Torah, there is a hint that they wanted to hear it directly from Gd. The people tell Moshe: We will do everything that Gd says.
כֹּ֛ל אֲשֶׁר־דִּבֶּ֥ר יְ
Rashi's comment on the next sentence:
את דברי העם וגו'. תְּשׁוּבָה עַל דָּבָר זֶה; שָׁמַעְתִּי מֵהֶם שֶׁרְצוֹנָם לִשְׁמֹעַ מִמְּךָ, אֵינוֹ דּוֹמֶה הַשּׁוֹמֵעַ מִפִּי שָׁלִיחַ לַשּׁוֹמֵעַ מִפִּי הַמֶּלֶךְ, רְצוֹנֵנוּ לִרְאוֹת אֶת מַלְכֵּנוּ (מכילתא):
את דברי העם וגו׳ THE WORDS OF THE PEOPLE etc. — He said to Gd: “I have heard from them a reply to this statement — that their desire is to hear the commandments from You and not from me. One who hears from the mouth of a messenger is not the same (in the same position) as one who hears directly from the mouth of the King himself. It is our wish to see our King (cf. Mekhilta).
Ultimately the people are too terrified to continue this process and ask Moshe to bring them the Law in a human way. The law could have undermined the system of judges. The experience at Sinai demonstrates the necessity of human intervention.
This week, daf yomi (Menochoth 29b) tells a story that reflects on another problem in a law set in stone: times change.
מַר רַב יְהוּדָה, אָמַר רַב: בְּשָׁעָה שֶׁעָלָה מֹשֶׁה לַמָּרוֹם, מְצָאוֹ לְהַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁיּוֹשֵׁב וְקוֹשֵׁר כְּתָרִים לָאוֹתִיּוֹת, אָמַר לְפָנָיו: רִבּוֹנוֹ שֶׁל עוֹלָם, מִי מְעַכֵּב עַל יָדֶךָ? אָמַר לוֹ: אָדָם אֶחָד יֵשׁ שֶׁעָתִיד לִהְיוֹת בְּסוֹף כַּמָּה דּוֹרוֹת וַעֲקִיבָא בֶּן יוֹסֵף שְׁמוֹ, שֶׁעָתִיד לִדְרוֹשׁ עַל כׇּל קוֹץ וָקוֹץ תִּילִּין תִּילִּין שֶׁל הֲלָכוֹת.
§ Rav Yehuda says that Rav says: When Moses ascended on High, he found the Holy One, Blessed be He, sitting and tying crowns on the letters of the Torah. Moses said before God: Master of the Universe, who is preventing You from giving the Torah without these additions? God said to him: There is a man who is destined to be born after several generations, and Akiva ben Yosef is his name; he is destined to derive from each and every thorn of these crowns mounds upon mounds of halakhot. It is for his sake that the crowns must be added to the letters of the Torah.
When the Almighty was writing the law, Gd attached crowns to the letters, symbols that Moshe would not be able to interpret; but Rabbi Akiva, generations later, would use these thorns to interpret the law, presumably for his time.
This fascinating Aggadah (Talmud story) goes on to reveal the mysterious and dangerous nature of the Divine plan. The Divine plan was probably the context in which the authors of the Talmud saw the law.
Does justice depend on the circumstances? Some situations call for creative solutions, but the boundaries demand respect.