Legands of the Jews > Volume 3 >
THE INSTALLATION OF ELDERS
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]
