1)

What are the implications of "ve'Atah Sechezeh"?

1.

Rashi: It means with Ru'ach ha'Kodesh.

2.

Seforno: Yisro was telling Moshe that, although the adjudication could be performed by the judges,, choosing the judges is something that only he could perform.

3.

Mechilta: "ve'Atah Techezeh ... " - 'be'Ispaklaryah', with the vision with which the Chachamim (the Nevi'im) see things. 1


1

See Torah Temimah, note 30.

2)

What is the definition of "Anshei Chayil"?

1.

Rashi: Men of wealth, who are not subject to flattery. 1

2.

Ramban: Men who are capable of leading large groups of people or who are strong and competent 2 incorporating the other three Midos - men who are G-d-fearing, who love the truth and who detest extortion (dishonesty). 3

3.

Rashbam: Men who are wealthy and powerful and who are not afraid of anybody,

4.

Seforno (in Pasuk 25): "Anshei Chayil" means 'Charutzim', men who are knowledgeable and diligent.

5.

Mechilta: Men who are trustworthy - who keep their word. 4


1

Because they do not need other people's money.

2

See Ramban's elaborate definition of the word "Chayil".

3

And obviously, men who are wise and learned, which went without saying (Ramban).

4

See Torah Temimah, note 31.

3)

What is the definition of "Yir'ei Elokim"?

1.

Targum Onkelos: Men who fear G-d.

2.

Mechilta: Men who are prepared to compromise in Din. 1


1

See Torah Temimah, note 32.

4)

What is the definition of "Anshei Emes"?

1.

Rashi: men of integrity, on whose word one can rely, and to whom one therefore listens and - who are impervious to threat.

2.

Ramban: who detest extortion (dishonesty).

3.

Rashbam: Men of integrity.

4.

Mechilta: Men of the caliber of R. Chanina ben Dosa and his friends.

5)

What is the definition of "Son'ei Batza"?

1.

Rashi (citing Bava Basra 58b) and Mechilta: Men who 'hate' their own money in Din, 1 (how much more so somebody else's - Mechilta), 2 because if they take money from him in Din, he is not a genuine judge. 3

2.

Ramban #1 (citing R. Yehoshua in the Mechilta), Rashbam and Targum Yonasan: People who are loath to accept bribery (and what is stolen - Rashbam). 4

3.

Ramban #2 (citing R. Eliezer in the Mechilta): People who hate gain - even their own money 5 . That is, they have no interest in much wealth. 6

4.

Ramban #3 (citing Onkelos): People who are loath to accept money 7 - even in the form of a gift or a loan. 8

5.

Ramban #5: Refer to 18:21:2:2.

6.

Torah Temimah: If Reuven has a Din Torah with Shimon, the outcome of which is not clear-cut, and he foregoes his claim rather than take his case to court.


1

Ramban: This refers to property that is actually his, but that others could take from him in Din because he does not have a proof that he bought it, and which he hands over voluntarily). The Mechilta implies not like this. Moshav Zekenim and Rosh: That is not his money! Rather, it speaks where judges disagree as to whether or not he is Chayav to pay, and he pays voluntarily. Refer also to 18:21:3.1:1.

2

Torah Temimah: The Pasuk is referring to people who, when they have a monetary dispute with someone, they prefer to forego their claim rather than go to Beis-Din, even thiugh they kow they are in the right.

3

Moshav Zekenim, Hadar Zekenim and Rosh: If he gave the wrong verdict due to a litigant's threat, and another Beis Din obligated him to pay the one who lost due to this ruling. Riva - he pays for improperly ruling in favor of an Ashir over an Oni. If he paid because he did not want to swear, he is not disqualified due to this. Moshav Zekenim - a judge who is appointed over the community may not withdraw due to threats. He must judge without fear - "Lo Saguru MIpnei Ish" (Devarim 1:17)! Hadar Zekenim - Alternatively, if Beis-Din obligates one to pay, he is not a proper judge, since he should have paid of his own accord!

4

Or theft (Rashbam), or any money that is obtained illegally (Targum Yonasan). See for example, Chavakuk, 2:9 and Bereishis 37:26 (Rashbam).

5

Ramban citing Tanchuma: To the point that they will judge correctly even against the litigant's threat that he will burn their haystacks. The Moshav Zekenim places this under the category of "Yir'ei Elokim."

6

How much more so money belonging to others (see Ramban).

7

As the Gemara states in Kesuvos, 105b.

8

So that he is not prone to favoritism.

6)

Why does the Torah say "Son'ei Batza", and not just 'Einam Mekablim Shochad'?

1.

Oznayim la'Torah: Because a Dayan who would like to take bribery 1 but desists because the Torah commands him to, is not a Dayan. 2


1

Refer to 18:21:3:4.

2

Oznyim la'Torah: As opposed to matters concerning Isur, about which the Chachamim say (See Rashi in Vayikra, 20:26), that a person should say "I would love to eat Chazir, but what can I do, the Torah prohibits it!'

7)

Why does the Torah begin with the highest figure and progresses downwards - from officers of a thousand to officers of ten?

1.

Rashi and Targum Yonasan 1 (on Pasuk 25): Because as far as the number of officers is concerned, it begins from the least and progresses upwards - from six hundred officers of a thousand, six thousand officers of a hundred, twelve thousand officers of fifty and sixty thousand officers of ten. 2


1

See Peirush Yonasan there.

2

Sanhedrin, 18a): It transpires that there were seventy-eight thousand six hundred officers all in all.

8)

Why are so many judges (almost ten percent of the population) required to judge the people?

1.

Oznayim la'Torah: Let alone the generation of Moshe - the Mishnah in Sanhedrin, Daf 17, requires a town to have a Beis-Din of twenty-three to cater for two litigants - in the event that they enter into a dispute 1 - to demonstrate the importance of justice, and the need for a sound judicial system.


1

See Oznayim la'Torah for more detains.

9)

What is the significance of the fact that Yisro listed four categories of people and four groups of judges?

1.

Seforno: With four levels of judges, litigants who were not satisfied with the first, would go to the second, from the second to the third and from the third to the fourth - with the result that very few litigants would need to come to Moshe, thereby lightening his burden. 1

2.

Oznayim la'Torah: It seems that the two lists are interconnected - 1. "Anshei Chayil" (strong men) - officers of ten wielding rods and straps to enforce the law; 2 2. "Yir'ei Elokim - officers of fifty - over five Anshei Chayil, to ensure that they do not deal too harshly with the people whilst enforcing the law; 3. "Anshei Emes", men of Torah - to enforce the law according to the Din Torah and 4. "Son'ei Batza" - officers of a thousand, the Beis-Din ha'Gadol, to make sure that the law is carried out without bias. 3


1

Which was after all, the main objective of the judges.

2

Oznayim la'Torah: Like the officers of ten in Egypt.

3

Oznayim la'Torah: It transpires that the first two are law-oficers and the last two, judges - and will explain why officers of fifty were necessary. See Oznayim la'Torah, DH 'Sarei Chamishim'.

10)

Having written "Yir'ei Elokim," why does the Torah need to add "Anshei Emes"?

1.

Moshav Zekenim: It means that they arrive at the Halachah. 1


1

Moshav Zekenim: Beis Shamai and Abaye were certainly Yir'ei Elokim, yet in most cases the Halachah is not like them when they argue with Beis Hillel and Rava, respectively.

QUESTIONS ON RASHI

11)

Rashi writes that there were 600 officers of 1000, 6000 officers of 100, 12,000 officers of 50. This adds to 18,600; less than 600,000 Yisraelim remained. How were there then 60,000 officers of 10?

1.

Da'as Zekenim #1: First they appointed 60,000 officers of 10, and from the 60,000 they choose 12,000 officers of 50, and from them, 6000 officers of 100, and from them 600 officers of 1000. 1

2.

Hadar Zekenim #1 and Riva: The judges were not among the count of 600,000, since they were above 60 years old (or from the tribe of Levi - Moshav Zekenim citing R. Yeshayah).

3.

Da'as Zekenim #2: Only the judges of 10 were among the 600,000.

4.

Hadar Zekenim #2 (citing Bechor Shor): First they appointed 600 officers of 1000, and then 6000 officers of 100. It was possible for an officer of 1000 (or 1000 or 50) to have lower officers (of 100, 50 or 10) over him.

5.

Hadar Zekenim #3: Each officer was among the number he was appointed over - an officer of 10 was appointed over nine others. 2

6.

Moshav Zekenim: Officers [of 10, 50 or 100] had higher officers (of 50, 100, or 1000) above them.


1

Da'as Zekenim and Riva: The Gemara in Sanhedrin, 18a states that there were 78,600 officers! This counts titles - so that a single judge could be counted up to four times, of he was a judge over 1000, 100, 50 and 10).

2

See also Targum Yonasan on Pasuk 25 and Peirush Yonasan.

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