Difference between revisions of "Did Moshe Need Yitro's Advice/2/en"
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<p>R. Yitzchak Arama in his Akeidat Yitzchak charts this middle ground in attempting to portray both Moshe and Yitro in the best possible light.</p> | <p>R. Yitzchak Arama in his Akeidat Yitzchak charts this middle ground in attempting to portray both Moshe and Yitro in the best possible light.</p> | ||
<mekorot><multilink><a href="Akeidat43" data-aht="source">Akeidat Yitzchak</a><a href="Akeidat43" data-aht="source">43</a><a href="R. Yitzchak Arama (Akeidat Yitzchak)" data-aht="parshan">About Akeidat Yitzchak</a></multilink></mekorot> | <mekorot><multilink><a href="Akeidat43" data-aht="source">Akeidat Yitzchak</a><a href="Akeidat43" data-aht="source">43</a><a href="R. Yitzchak Arama (Akeidat Yitzchak)" data-aht="parshan">About Akeidat Yitzchak</a></multilink></mekorot> | ||
− | <point><b>Why had Moshe not already appointed judges</b> – The Akeidat Yitzchak explains that by the time of Yitro's advice, the people had only received some basic laws at | + | <point><b>Why had Moshe not already appointed judges</b> – The Akeidat Yitzchak explains that by the time of Yitro's advice, the people had only received some basic laws at Marah. Therefore, until the people received the body of civil law in Parashat Mishpatim, Moshe needed to adjudicate all disputes, as both Moshe and the nation did not trust anybody else to judge fairly. And thus, there is no fault to be found in Moshe's leadership, as he was doing the best that could be done with the hand that God had dealt him.</point> |
<point><b>If Moshe was acting correctly, what was Yitro suggesting?</b> According to R. Yitzchak Arama, Yitro (like Moshe) realized that there could be no effectively functioning judiciary without first having a code of civil law,<fn>Compare to Abarbanel's position below that Yitro had no idea that laws would be given, and was recommending that the judges decide cases based on their own intuition, like in the Midianite system.</fn> and therefore he attempted to address the root of the problem by proposing that the nation receive a Divine civil law code.<fn>See <a href="Structure – Sefer Shemot" data-aht="page">Structure of Sefer Shemot</a> for the possibility that Chapter 18 constitutes an introduction to the Covenant unit of the Book.</fn> Thus he understands that Yitro's words "and God will command you" ("וְצִוְּךָ אֱ-לֹהִים") in 18:23 refer to the necessary condition of God giving Moshe the laws<fn>See <a href="Literary Devices – Shemot 18/0#LeadWords" data-aht="page">Literary Analysis</a> for Mekhilta DeRabbi Yishmael, Rashi, and Abarbanel's alternative interpretations of these words.</fn> (rather than to God commanding Moshe to appoint the judges).<fn>The difficulty with the Akeidat Yitzchak's approach is that this most central aspect of Yitro's advice is mentioned only as part of the summation at the tail end of Yitro's words, rather than being stated at the outset as the necessary foundation upon which his entire proposal is dependent. [Yitro's earlier words in verse 20 about Moshe communicating the laws to the people do not break any new ground and merely reflect what Moshe had already said in verse 16 (and thus R. Arama does not point to them as a support for his thesis).]</fn> According to the Akeidat Yitzchak, Yitro was also well aware of the impending revelation, as Zipporah and her sons had come to participate in the experience – see <a href="Chronology – Shemot 18/2#ImplementedLater" data-aht="page">Chronology of Shemot 18</a>.</point> | <point><b>If Moshe was acting correctly, what was Yitro suggesting?</b> According to R. Yitzchak Arama, Yitro (like Moshe) realized that there could be no effectively functioning judiciary without first having a code of civil law,<fn>Compare to Abarbanel's position below that Yitro had no idea that laws would be given, and was recommending that the judges decide cases based on their own intuition, like in the Midianite system.</fn> and therefore he attempted to address the root of the problem by proposing that the nation receive a Divine civil law code.<fn>See <a href="Structure – Sefer Shemot" data-aht="page">Structure of Sefer Shemot</a> for the possibility that Chapter 18 constitutes an introduction to the Covenant unit of the Book.</fn> Thus he understands that Yitro's words "and God will command you" ("וְצִוְּךָ אֱ-לֹהִים") in 18:23 refer to the necessary condition of God giving Moshe the laws<fn>See <a href="Literary Devices – Shemot 18/0#LeadWords" data-aht="page">Literary Analysis</a> for Mekhilta DeRabbi Yishmael, Rashi, and Abarbanel's alternative interpretations of these words.</fn> (rather than to God commanding Moshe to appoint the judges).<fn>The difficulty with the Akeidat Yitzchak's approach is that this most central aspect of Yitro's advice is mentioned only as part of the summation at the tail end of Yitro's words, rather than being stated at the outset as the necessary foundation upon which his entire proposal is dependent. [Yitro's earlier words in verse 20 about Moshe communicating the laws to the people do not break any new ground and merely reflect what Moshe had already said in verse 16 (and thus R. Arama does not point to them as a support for his thesis).]</fn> According to the Akeidat Yitzchak, Yitro was also well aware of the impending revelation, as Zipporah and her sons had come to participate in the experience – see <a href="Chronology – Shemot 18/2#ImplementedLater" data-aht="page">Chronology of Shemot 18</a>.</point> | ||
<point><b>Divine civil law: Yitro's revolutionary concept</b> – The Akeidat Yitzchak suggests that until Yitro's advice, Moshe did not realize that Hashem was planning on bequeathing a Divine code of civil law, and that Yitro was the first to conceive of this concept and recognize its desirability.<fn>R. Arama writes: "ובא יתרו והעיר על צרכה, וגם רוח המקום נוחה הימנו, כדי שירגישו תועלת החלק הזה מהמשפטים היותו א-להי, נוסף על שאר התועלות שיזכרו בפרשת משפטים (שער מ"ו) ב"ה." In Chapter 46, he expounds at length on this theme. Cf. the Midrash in <a href="PesiktaDRK" data-aht="source">Pesikta DeRav Kahana 12:11</a> which may be a reaction to the possibility later formulated by the Akeidat Yitzchak. A significantly more radical position is put forth by <multilink><a href="RHirschensohn" data-aht="source">R. Chaim Hirschensohn</a><a href="RHirschensohn" data-aht="source">Seder LaMikra pp.133-134</a><a href="R. Chaim Hirschensohn" data-aht="parshan">About R. Chaim Hirschensohn</a></multilink> in his work <i>Seder LaMikra</i> Vol. II (Jerusalem, 1932): 131-137. He proposes that the entire code of civil law found in Shemot 21-22 (Parashat Mishpatim) was all part of Yitro's advice.</fn> While at first blush, this approach may be difficult to digest, in truth, the Torah was the first corpus to combine ritual prescriptions with civil legislation; all other Ancient Near Eastern codes of civil law were established by the king and were separate from matters of religious worship. Thus, the Akeidat Yitzchak is proposing that Moshe originally thought that in civil matters, the nation would conduct themselves like all other nations, i.e. there would be a separation of church and state.<fn>Akeidat Yitzchak seems to consider both the possibility that Moshe thought that there wouldn't be a civil law code at all, as well as the option that there would be a code of civil law, but humanly legislated. Even regarding ritual law, one may consider the possibility that Moshe did not yet know that Hashem was planning on presenting the nation with a set of rules. Until this point, Moshe had heard only that the nation would "worship" God on Mount Sinai (Shemot 3:12), and he may have learned that Hashem would also speak only in Shemot 19:9.</fn> Cognizant of the novelty of his approach,<fn>In his own words: "והנה אם יקשה לבך על זה, תאמר איך יתכן שעל פי עצתו של יתרו נתנו הדינים לישראל, והלא התורה כלה כהוייתה קדמה לעולם תתקע"ד דורות".</fn> R. Arama concludes by pointing to parallel cases where Torah laws are given as the result of new circumstances,<fn>Such as the inheritance of daughters (Bemidbar 27) and Pesach Sheni (Bemidbar 9), and the cases of the blasphemer (Vayikra 24) and the <i>mekoshesh</i> (Bemidbar 15). See <a href="Moshe" data-aht="page">Moshe</a> for further discussion.</fn> and where it appears that Moshe had been previously unaware of the need to institute them.<fn>See the Akeidat Yitzchak's formulation: "וכבר היה משה בלתי חושש לחסרונה, כמו שלא היה מקפיד על הדינים ההם, עד שבא לו הצורך אליהם, ובא יתרו והעירה על צרכה".</fn></point> | <point><b>Divine civil law: Yitro's revolutionary concept</b> – The Akeidat Yitzchak suggests that until Yitro's advice, Moshe did not realize that Hashem was planning on bequeathing a Divine code of civil law, and that Yitro was the first to conceive of this concept and recognize its desirability.<fn>R. Arama writes: "ובא יתרו והעיר על צרכה, וגם רוח המקום נוחה הימנו, כדי שירגישו תועלת החלק הזה מהמשפטים היותו א-להי, נוסף על שאר התועלות שיזכרו בפרשת משפטים (שער מ"ו) ב"ה." In Chapter 46, he expounds at length on this theme. Cf. the Midrash in <a href="PesiktaDRK" data-aht="source">Pesikta DeRav Kahana 12:11</a> which may be a reaction to the possibility later formulated by the Akeidat Yitzchak. A significantly more radical position is put forth by <multilink><a href="RHirschensohn" data-aht="source">R. Chaim Hirschensohn</a><a href="RHirschensohn" data-aht="source">Seder LaMikra pp.133-134</a><a href="R. Chaim Hirschensohn" data-aht="parshan">About R. Chaim Hirschensohn</a></multilink> in his work <i>Seder LaMikra</i> Vol. II (Jerusalem, 1932): 131-137. He proposes that the entire code of civil law found in Shemot 21-22 (Parashat Mishpatim) was all part of Yitro's advice.</fn> While at first blush, this approach may be difficult to digest, in truth, the Torah was the first corpus to combine ritual prescriptions with civil legislation; all other Ancient Near Eastern codes of civil law were established by the king and were separate from matters of religious worship. Thus, the Akeidat Yitzchak is proposing that Moshe originally thought that in civil matters, the nation would conduct themselves like all other nations, i.e. there would be a separation of church and state.<fn>Akeidat Yitzchak seems to consider both the possibility that Moshe thought that there wouldn't be a civil law code at all, as well as the option that there would be a code of civil law, but humanly legislated. Even regarding ritual law, one may consider the possibility that Moshe did not yet know that Hashem was planning on presenting the nation with a set of rules. Until this point, Moshe had heard only that the nation would "worship" God on Mount Sinai (Shemot 3:12), and he may have learned that Hashem would also speak only in Shemot 19:9.</fn> Cognizant of the novelty of his approach,<fn>In his own words: "והנה אם יקשה לבך על זה, תאמר איך יתכן שעל פי עצתו של יתרו נתנו הדינים לישראל, והלא התורה כלה כהוייתה קדמה לעולם תתקע"ד דורות".</fn> R. Arama concludes by pointing to parallel cases where Torah laws are given as the result of new circumstances,<fn>Such as the inheritance of daughters (Bemidbar 27) and Pesach Sheni (Bemidbar 9), and the cases of the blasphemer (Vayikra 24) and the <i>mekoshesh</i> (Bemidbar 15). See <a href="Moshe" data-aht="page">Moshe</a> for further discussion.</fn> and where it appears that Moshe had been previously unaware of the need to institute them.<fn>See the Akeidat Yitzchak's formulation: "וכבר היה משה בלתי חושש לחסרונה, כמו שלא היה מקפיד על הדינים ההם, עד שבא לו הצורך אליהם, ובא יתרו והעירה על צרכה".</fn></point> | ||
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The nation needed to first receive the laws | The nation needed to first receive the laws | ||
<mekorot><multilink><a href="Abarbanel18" data-aht="source">Abarbanel</a><a href="Abarbanel18" data-aht="source">Shemot 18</a><a href="R. Yitzchak Abarbanel" data-aht="parshan">About Abarbanel</a></multilink><fn>See <a href="Moshe's Duties and Yitro's Advice/2#TwoofFiveRoles" data-aht="page">Moshe's Duties and Yitro's Advice</a> for a discussion of Abarbanel's alternative suggestion in his commentary to Devarim 1. There he offers that the need for additional judges came about only in the second year as the nation prepared to conquer and settle the land of Israel.</fn></mekorot> | <mekorot><multilink><a href="Abarbanel18" data-aht="source">Abarbanel</a><a href="Abarbanel18" data-aht="source">Shemot 18</a><a href="R. Yitzchak Abarbanel" data-aht="parshan">About Abarbanel</a></multilink><fn>See <a href="Moshe's Duties and Yitro's Advice/2#TwoofFiveRoles" data-aht="page">Moshe's Duties and Yitro's Advice</a> for a discussion of Abarbanel's alternative suggestion in his commentary to Devarim 1. There he offers that the need for additional judges came about only in the second year as the nation prepared to conquer and settle the land of Israel.</fn></mekorot> | ||
− | <point><b>Why had Moshe not already appointed judges</b> – According to Abarbanel, Moshe had already thought of Yitro's suggestion by himself and was planning to implement it as soon as it would be viable. He explains that although Moshe himself had received the Torah's civil laws already at | + | <point><b>Why had Moshe not already appointed judges</b> – According to Abarbanel, Moshe had already thought of Yitro's suggestion by himself and was planning to implement it as soon as it would be viable. He explains that although Moshe himself had received the Torah's civil laws already at Marah, it was not until Parashat Mishpatim that he was instructed to transmit the laws to the people. Thus in the meantime Moshe could not yet entrust cases to other judges.<fn>Abarbanel does not explain why Moshe could not have taught civil law to the nation already at Marah, and thereby have avoided the unmanageable workload.</fn> Abarbanel's explanation of why Moshe had not already selected judges is thus almost identical to the Akeidat Yitzchak above.<fn>They also concur in the need to split Shemot 18 into two different time periods – see below. There are numerous near verbatim parallels between their commentaries, and this is not by chance. See <a href="Commentators:R. Yitzchak Arama (Akeidat Yitzchak)" data-aht="page">Akeidat Yitzchak and Abarbanel</a> regarding the relationship between these two commentators.</fn> They differ significantly, however, in their assessment of what Moshe was planning and what Yitro was suggesting.</point> |
<point><b>What was Yitro thinking?</b> While the Akeidat Yitzchak assumes that Yitro knew about the upcoming revelation and conditioned the appointment of judges on the nation's first receiving the laws, Abarbanel disagrees and thinks that Yitro knew nothing of the imminent revelation or the giving of a law code<fn>Abarbanel adds that Moshe did not share this information with Yitro. In contrast, according to the Akeidat Yitzchak, Moshe was unaware that Hashem planned to give a civil law code, while Yitro assumed that this would happen.</fn> and erroneously thought that Moshe was planning to continue indefinitely as the sole judge.<fn>Cf. Akeidat Yitzchak who suggests that this may have in fact been Moshe's plan until Yitro gave his advice.</fn> According to Abarbanel's understanding, Yitro recommended that Moshe appoint judges immediately (without the nation first receiving any of the laws), who would then render verdicts based on their own common sense.<fn>In other words, according to the Akeidat Yitzchak the essence of Yitro's advice was that there was a need for a code of law (to enable an effective judicial system), while according to Abarbanel it was to appoint judges (even without a legal code).</fn> Consequently, Abarbanel concludes that Yitro's advice was both ill-timed ("ויתרו אכלה פגה העצה הזאת") and reflective of a Midianite model of justice rather than a Divine one.</point> | <point><b>What was Yitro thinking?</b> While the Akeidat Yitzchak assumes that Yitro knew about the upcoming revelation and conditioned the appointment of judges on the nation's first receiving the laws, Abarbanel disagrees and thinks that Yitro knew nothing of the imminent revelation or the giving of a law code<fn>Abarbanel adds that Moshe did not share this information with Yitro. In contrast, according to the Akeidat Yitzchak, Moshe was unaware that Hashem planned to give a civil law code, while Yitro assumed that this would happen.</fn> and erroneously thought that Moshe was planning to continue indefinitely as the sole judge.<fn>Cf. Akeidat Yitzchak who suggests that this may have in fact been Moshe's plan until Yitro gave his advice.</fn> According to Abarbanel's understanding, Yitro recommended that Moshe appoint judges immediately (without the nation first receiving any of the laws), who would then render verdicts based on their own common sense.<fn>In other words, according to the Akeidat Yitzchak the essence of Yitro's advice was that there was a need for a code of law (to enable an effective judicial system), while according to Abarbanel it was to appoint judges (even without a legal code).</fn> Consequently, Abarbanel concludes that Yitro's advice was both ill-timed ("ויתרו אכלה פגה העצה הזאת") and reflective of a Midianite model of justice rather than a Divine one.</point> | ||
<point><b>Chronology</b> – Like the Akeidat Yitzchak, Abarbanel needs to claim that Yitro gave his advice before the Decalogue but that Moshe selected judges only in the second year once the nation had received the laws – see <a href="Chronology – Shemot 18/2#ImplementedLater" data-aht="page">Chronology of Shemot 18</a>.<fn>See the discussion there as to why Moshe waited until the second year.</fn></point> | <point><b>Chronology</b> – Like the Akeidat Yitzchak, Abarbanel needs to claim that Yitro gave his advice before the Decalogue but that Moshe selected judges only in the second year once the nation had received the laws – see <a href="Chronology – Shemot 18/2#ImplementedLater" data-aht="page">Chronology of Shemot 18</a>.<fn>See the discussion there as to why Moshe waited until the second year.</fn></point> |
Latest revision as of 13:23, 31 January 2024
Did Moshe Need Yitro's Advice?
Exegetical Approaches
Overview
The Akeidat Yitzchak notes that in trying to understand this story, one is caught between a rock and a hard place. If Yitro's plan was an obvious and appropriate corrective for a difficult situation, then Moshe looks foolish for not solving the problem on his own. On the other hand, if Yitro's plan was unhelpful or unnecessary, then why would Moshe implement it at all? There are three basic approaches to understanding the thought processes of Yitro and Moshe, and they paint differing portraits of the two protagonists and their interaction.Moshe Needed Help
Moshe needed help in correcting his system, and Yitro was able to provide him with an outsider's insight and perspective.
Moshe and Yitro Were Both Correct
Moshe was making the best of a difficult situation, but Yitro correctly advised him that there was a need for God to fix the underlying cause of the problem by giving a code of civil law.
R. Yitzchak Arama in his Akeidat Yitzchak charts this middle ground in attempting to portray both Moshe and Yitro in the best possible light.
Yitro's Advice was Unnecessary
Moshe's system was the best possibility for the time being, and Yitro's advice was unnecessary or unhelpful. There are a number of distinct variations of this possibility,20 but they all agree that the appointment of judges which ultimately occurred was not directly connected to Yitro's advice (see Chronology) and took place only significantly afterwards:
Long lines were an anomaly
The long line for judgment was a one-time aberration on the day of Yitro's visit, while in general there was no need for additional judges.
Moshe had been away
According to the Mekhilta DeRabbi Yishmael and Rashi, Yitro observed Moshe judging the people on the day after Yom HaKippurim (when he descended from Mount Sinai with the second tablets) – see Chronology. If Moshe had spent the last four months on Mount Sinai, one can readily understand why a huge backlog of cases had accumulated in his absence.
Moshe had taken the previous day off when Yitro visited
Chizkuni, in explaining why the Torah notes that "it happened on the next day" posits that on the day of Yitro's arrival Moshe was busy with Yitro and had not judged the people. This might explain why he needed to work overtime on the following day.21
Newly acquired wealth
R. Medan offers an alternative predicated on the assumption that most of the Yitro story appears in chronological order – see Chronology, and that Yitro arrived and observed Moshe shortly after the battle with Amalek. According to him, the division of the spoils with Amalek caused significant strife and was responsible for Moshe's heavy caseload on that particular day.22 R. Medan posits that shortly thereafter things settled down and while the nation was encamped at Mount Sinai there was little need for additional judges. Only in the second year, when the nation resumed their journey, did complaints spike once again and Moshe again needed assistance – compare opinion cited in Hoil Moshe and see Appointing Moshe's Assistants.
Recent water shortage
R. Medan offers an additional possibility that Moshe's busy schedule resulted from the need to allocate the water which the nation had just received.24 According to this explanation, the people's complaints and the need for more judges arose only while they were in transit and not during the year they were at Mount Sinai.
There were additional prerequisites
There was a consistent need for additional judges to assist Moshe, but additional preparatory steps needed to be taken before they could be appointed:
The nation needed to first receive the laws
Moshe needed to build support
Initially, Moshe needed to judge the people himself in order to win over their hearts so that they would accept the Torah and its commandments.