Kommentar zu Schemot 18:15

כי יבא — This is the same as כי בא because the people comes”, the imperfect tense expressing continuous action.

FOR THE PEOPLE COME UNTO ME TO INQUIRE OF G-D. Moses answered his father-in-law: “They must stand about me a great part of the day, for they come before me for many things. Because the people come unto me to inquire of G-d, that is, to pray for their sick, and to inform them of the whereabouts of what they have lost,” this being “the inquiring of G-d.”
And thus the people did with the [later] prophets, just as it is said, In former times in Israel, when a man went to inquire of G-d, thus he said: Come and let us go to the seer.⁹²I Samuel 9:9. The matter there concerned the finding of Saul’s lost asses. The prophet was Samuel. Similarly, Go meet the man of G-d, and inquire of the Eternal by him, saying: Shall I recover from this sickness?⁹³II Kings 8:8. The speaker is Ben-hadad, king of Aram, and he is sending Hazael to the prophet Elisha, who had come to Damascus. meaning that the prophet should pray for his recovery and that he should inform him if his prayer was accepted. This is also the meaning of the verse, and she [Rebekah] went to inquire of the Eternal,⁹⁴Genesis 25:22 (Vol. I, p. 316). as I have explained there.
“Moreover,” [Moses continued], “I adjudicate matters between them, when they have a matter, it cometh unto me, and I judge.⁹⁵Verse 16. And I also teach them Torah, and I make them know the statutes of G-d and His laws.”⁹⁵Verse 16.

לדרוש אלוקים, the princes and leaders of the community who come to me to consult me on matters of public concern, come to seek out the word of G’d because only after getting such a ruling will the people be able to come to rest.

כי יבא אלי העם לדרוש אלוקים "for the people come to me to seek out G'd." What did Moses want to accomplish with this reply? Did Yitro not see for himself that the people came to Moses to seek out G'd (judgment approved by G'd)? Yitro's question had been why Moses followed a particular procedure, one which was inconvenient for the people. He did not ask what Moses was doing.

כי יבא אלי העם לדרוש אלוהים, only I am able to call directly upon G’d, as they are not in the habit of speaking to G’d. Hence I remain by myself.

כי יבוא אלי העם לדרוש אלוקים, “for the people are in the habit of coming to me to seek out G’d’s judgment.” Moses answered Yitro that the people, by the nature of things, need to stand in line before me for a considerable period of time as many of them need to have many different problems to be resolved.

כי יבא אלי העם לדרוש אלו-הים, “for the people come to me to seek G’d.” Moses did not say that the people came to him to seek Hashem.” The reason was that Moses was engaged in dealing with litigation. The attribute of אלו-הים is appropriate in that connection as we know from Deut. 1,17 כי המשפט לאלו-הים הוא, “for matters of judgment are reserved for the attribute אלו-הים is why Moses used this attribute when he explained to Yitro what he was doing (and why he remained seated). He said והודעתיו את חוקי האלו-הים ואת תורותיו “I acquaint them with the statutes of אלו-הים and with His teachings.” The meaning of the whole verse is: “they need to stand in line before me for a long time because they inquire concerning so many things.” Some of them ask me to pray on behalf of their sick family members; some want me to locate lost property for them; we find that the expression דרישת אלו-הים is used in Scripture in connection with both of these requests; in Kings II 8,8, when Chazael wants to know from the prophet Elisha if he would recover from his sickness, he does so saying ודרשת את ה' מאותו לאמור האחיה מחלי זה? “and through him inquire from the Lord: ‘will I recover from this sickness?’” Chazael meant for Elisha to pray on his behalf and to inform him afterwards if his prayer had been answered. Rivkah did the same when the twins were quarreling in her womb and the Torah says ותלך לדרוש את ה', “she went to inquire from G’d” (Genesis 25,22). With regard to the restoration of lost objects we read in Samuel I 9,9: “Formerly, in Israel, when a man went to inquire of G’d he said: “come, let us go to the Seer.” The subject under discussion in that chapter was the lost donkeys of Kish, Saul’s father. Clearly, the prophet was expected to be able to tell the petitioner where to find things he had lost. In addition, Moses explained to Yitro that he functioned as a judge and in that capacity he taught the people the laws of the Lord.

[The same as:] כי בא in the present tense. I.e., כי יבא is not in the future tense, otherwise Moshe would not have sat before they came to seek instruction.

"and Moses said to his father-in-law, etc.": They said: This is what Yehudah of Kfar Acco asked R. Gamliel: Why did Moses see fit to say (Ibid.) "Because the people come to me"? (i.e., Does this not seem vain in him?) R. Gamliel: What else should he say? His concluding (Ibid.) "to enquire (concerning the law) of G d" suffices (to free him of this charge).

לדרש אלהים TO ENQUIRE OF GOD — Understand this as the Targum does: למתבע אלפן, to seek instruction from the mouth of the Almighty.

This included appeals to Moses to pray on behalf of sick family members, to see if Moses could help them, something also known as דרישת אלוקים, a service frequently performed for the people by prophets, as we know from prophets being asked if sick members of one would recover from one’s sickness. (Kings I 8,8, 8,9)

I believe that Moses referred to the emphasis Yitro had placed on the words אשר אתה עשה לעם, "which you are doing to the people." Moses understood that Yitro implied that Moses forced the people to appear before him, that he was not willing to let other people function as judges, and that as a result the people suffered inconvenience. If only Moses were willing to delegate he could save the people all this inconvenience. Moses replied to this accusation by saying that the matter was not of his choosing but that the people insisted on bringing their problems to him personally. He also explained to Yitro who could not understand why the people were willing to put up with this inconvenience that "anyone who has some matter comes to me." The Zohar second volume page 78 explains the words דבר בא אלי to mean that "a Divine ruling comes to me," i.e. Moses' decision would be divinely inspired. Since no other judge had been so favoured by G'd, the people are willing to put up with the inconvenience.

As a result of these considerations there was no point in appointing other judges for the people to go to. Moses concluded by saying: "I make them know the statutes of G'd;" this too was something no one else was able to do.

Yitro was not sure that he had understood Moses' words correctly seeing that they were capable of two interpretations. 1) Moses could have meant that inasmuch as the people came to him voluntarily he felt he had to fulfil the מצוה to settle arguments between two people personally. 2) The people did not want anyone else but Moses to preside over their litigation as I have already explained. Yitro worded his proposal in such a way that it would fit either of the reasons Moses had mentioned why he alone had to preside over litigation. Concerning Moses' argument that he wanted to fulfil the מצוה of judging personally, Yitro said: לא טוב הדבר, "this is not a good method." He then proceeded to explain why it was not a good system. Concerning Moses' argument that the people insisted that only he should be their judge, Yitro said: "I will give you some advice, etc." He presented his scheme in such a way that both litigants in a quarrel would return home satisfied. Should one of them not be satisfied he would still have the option of Moses personally hearing his case. The total number of cases submitted to Moses would be greatly reduced. As a result there would be a great reduction in personal tensions. If, per chance, the lower court would declare itself incompetent to settle an issue, והיה (verse 22), the judges of that court could in turn come to Moses and submit the problem to him. Yitro demonstrated to Moses that the fact that people wanted him to hear their problems personally did not obligate him unless they could not be made happy any other way.