Comentario sobre Deuteronómio 1:9

ואמר אלכם בעת ההוא לאמר AND I SPAKE UNTO YOU AT THAT TIME, SAYING — What is the force of לאמר, (lit., to say. i.e. being bidden to say)? Moses, in effect, said unto them: Not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (Sifrei Devarim 9:1),

AND I SPOKE UNTO YOU AT THAT TIME, SAYING: ‘I AM NOT ABLE TO BEAR YOU MYSELF ALONE.’ [Moses’ statement here in this verse was actually said] before the Eternal said to us in Horeb, Ye have dwelt long enough in this mountain,⁷¹Above, Verse 6. For, according to the opinion that Jethro came before the Giving of the Torah, the appointment of judges (recorded here in the following verses) took place almost a year before they moved away from Horeb. Hence we must say that the whole episode that begins with Verse 9 happened before Israel was commanded to journey from Horeb (Verse 6). And the expression at that time (in this verse) means “while we dwelled at Horeb.” But according to the Sages who say that Jethro came after the Giving of the Torah, the expression at that time means “at that time when we were about to leave Horeb.” according to the opinion of those who say that Jethro came before the Giving of the Torah.⁷²See Exodus 18:1; Vol. II, pp. 249-252. And the meaning of the expression at that time [in the verse before us] is “while we dwelled at Horeb.” But Moses mentioned it here [in Verse 9, rather than before Verse 6] to convey the following thought: We received the Torah, and you had judges and officers to judge you and lead you, and we were thus ready to enter the Land. And we journeyed from Horeb⁷³Further, Verse 19, and Verse 22. in our [four] divisions with our judges and our elders, and then ye came near unto me every one of you⁷³Further, Verse 19, and Verse 22. with your wise men and your leaders and you wanted spies to be sent, and thus the plan [for an immediate entry into the Land] was frustrated.

לא אוכל לבדי שאת אתכם, "I am not able to bear you myself alone." This does not mean that Moses said so in these very words; rather it means that Moses said something which was equivalent to these words.

ואומר אליכם בעת ההיא לאמור, ”at that time I said to you, saying:” Moses refers to the period before G’d had said to the people to get moving away from the region around Mount Sinai. At least, that is what we must assume according to the view that Yitro visited the Israelites prior to the revelation at Mount Sinai. The meaning of בעת ההיא is ”during the period that we were encamped around Mount Sinai.” The reason why Moses mentions this now is as if he were saying: “here we had received the Torah and you already had all the tens of thousands of judges installed as well as the law enforcers and were ready to begin the journey, and we began our trek from Sinai (Chorev) with all our elderly, etc., and suddenly you delayed us by demanding to first dispatch spies, a demand which resulted in all our plans becoming upset.

ואומר אליכם בעת ההיא לאמור, “I spoke to you at that time, saying:” the word לאמור here refers to Yitro, Moses’ father-in-law who had given this advice. When G’d indicated His approval, Moses accepted this advice in practice (Exodus 18,23).

What is the significance of לאמר, etc. I.e., the word לאמר (to say) is always intended to be expounded, meaning either, “to say to others,” or, “go say to them My words and bring Me a response,” or, “respond to My words.” But, none of these meanings apply here. Therefore, Rashi asks: What is the significance of לאמר in this context?

V. 9. ואמר אלכם בעת ההיא. So auch V. 18: בעת .ואצוה אתכם בעת ההיא ההיא: in jener Zeit, in welcher ihr zur Besitznahme eines von mächtigen, kriegserfahrenen Bevölkerungen bewohnten Landes schreiten solltet, habe ich euch nicht in Waffen geübt, nicht Kriegs- und Schlachtenplan studieren, nicht Rüstung und Kriegsmaterial vervollständigen lassen, nicht Kriegshauptleute und Führer bestellt; auch in dem Momente bevorstehender Völkerbezwingung und Ländereroberung solltet ihr nur ein Anliegen, die treueste und gewissenhafteste Verwirklichung des göttlichen Gesetzes in eurem inneren Kreise kennen. Die Erfüllung des göttlichen Sittengesetzes genügt, um die Welt zu bezwingen. Es entspreche Israel nur dem Ideale seiner göttlichen Bestimmung und überlasse seine äußere Weltstellung — Gott. בעת ההיא: in der V. 6 besprochenen Zeit ihres Verweilens am Horeb. לא אוכל לבדי שאת אתכם (vergl. Schmot 11. 11 u. 14). Es umfaßt dies. die Lösung, der Gesamtaufgabe, die aus der Mosche obliegenden Führung des Volkes erwuchs und welche V. 12 nach deren einzelnen Seiten vergegenwärtigt wird.

ואומר אליכם בעת ההיא, “and I had said to you at that time;” this includes everything until verse 18 that Moses had commanded the people. It had been the subject in Exodus 18,18 where Moses’ father in law Yitro had cautioned him against overexerting himself, and Moses’ response by appointing people to act as his delegates.

לא אוכל לבדי וגו׳ I AM NOT ABLE [TO BEAR YOU] ALONE — Is it possible that Moses was not able to judge Israel? The man who brought them forth from Egypt, and divided the sea for them, and made the Manna fall, and collected the quails, was not he able to judge them?! But thus did he say unto them, ה' אלהיכם הרבה אתכם THE LORD YOUR GOD HATH MADE YOU GREAT (הרבה) — He has made you superior to and has placed you higher than your judges, inasmuch as He takes the punishment off you and places it upon your judges if they could have prevented your wrongdoing and did not do so. Solomon made a similar statement (namely that the Jewish judge may easily make himself liable to punishment): “For who is able to judge this thy grievous people?” (1 Kings 3:9). Is it possible that he of whom it is said, (1 Kings 5:11) “He was wiser than all men”, should say, "Who is able to judge”? But this did Solomon mean: The judges of this people are not like the judges of other peoples, for if one of the latter gives judgment and wrongly sentences a person to death by the sword, or to flagellation, or to strangulation, or wrests his justice and thus robs him of his due, it is regarded as of little importance (lit., there is nothing at all in that); I, however, if I unjustly sentence a person to pay even a sum of money, my life is required of me, as it is said, (Proverbs 22:23) “And He robs of their life those who rob them" (Sifrei Devarim 9:2; Sanhedrin 7a).

I am not telling you this on my own initiative, etc. In other words, [Moshe was saying,] “Even if I had wanted to carry you by myself in order to receive reward, I would not be able to because the Almighty has prevented me.” This is the meaning of לאמר (saying) — that the Almighty told me explicitly not to do so. Rashi explains likewise below (v. 12): “If I would say, ‘I will do so in order to be rewarded,’ I cannot do so.” This is what I have [already] told you, etc., referring to the explanation given here.

Is it possible that Moshe was unable, etc. You might ask: Did Rashi not explain above, “I am not telling you this on my own, etc.”? If so, what is Rashi’s question? Perhaps Moshe was capable, but he was not permitted. The answer is: Rashi’s question is based on the (seemingly) extra words. Why does Moshe say, “I cannot [carry you] by myself ... Adonoy, your God, has multiplied you etc.”? Rather, Moshe was saying: “I am not telling you this on my own ... And even if the Almighty did not command me, I still would have needed to appoint judges over you, for I cannot carry you by myself, etc.” That is why Rashi asks: It is possible that, etc.

Was unable to judge them? Some [commentators] ask: Yisro said to Moshe, “You are going to wear yourself out (Shemos 18:18).” Rashi should have asked [there]: Regarding a prophet like Moshe, how could Yisro think it was difficult for him to judge the People? The answer is that above, I could think that Yisro was saying the following: “You are going to wear out this people.” I.e., it was difficult for the people that Moshe sat alone to judge them, for they all stood waiting for him from morning until evening. Certainly if there were many judges, it would be easier upon the people. Therefore, since it was difficult for the People then they would complain to Moshe, and this would be difficult for him. Therefore, Rashi explains [only] here.

Multiplied you — i.e., has made you great and has uplifted you. I.e., the term הרבה means, “He has made you great.”

And set it upon the judges. This refers to when the judges have the power to prevent wrongdoing, and they fail to do so.

He is the wisest of all men, etc. One should not ask: The verse, “For who is able to judge,” was stated before, “He is the wisest of all men.” And if so, then when Shlomo said, “For who is able to judge?” he was not yet wise! The answer is: His end is testimony to his beginning. I.e., since Shlomo became so wise — to the greatest extent possible — then in the beginning he also must have been wise and capable of judging the People, as it says (Mishlei 14:33), “In an understanding heart, wisdom rests.”