Commento su Deuteronomio 1:12

איכה אשא לבדי HOW CAN I MYSELF ALONE BEAR [YOUR CUMBRANCE, etc.]? — If I were to say, "I will do so in order to receive a reward for it", I may not do so. This is what I have already said to you: 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 (see Rashi v. 9).

HOW CAN I MYSELF ALONE BEAR ‘TORCHACHEM’ (YOUR TROUBLE) ‘UMASA’ACHEM’ (AND YOUR BURDEN), V’RIVCHEM (AND YOUR STRIFE)? According to the simple meaning of Scripture, Moses our teacher alluded to them the three things which he told Jethro that he was doing for the people, as I have explained there.⁷⁴Exodus 18:15. Vol. II, p. 263. He now mentioned them to Israel by implication. He said torchachem corresponding to and I make known to them the statutes of G-d and His laws,⁷⁵Ibid., Verse 16. for it was a difficult “task” to teach those who had come forth from Egypt, the statutes and the laws of G-d, their meanings, interpretations, and secrets. He said masa’achem corresponding to the people come unto me to inquire of G-d,⁷⁴Exodus 18:15. Vol. II, p. 263. a reference to prayer, for he used to pray on their behalf. The word masa’achem is related to the expression: ‘v’nasatha t’filah’ (and thou lift up prayer);⁷⁶II Kings 19:4. nor ‘tisa’ (lift up) entreaty or prayer in their behalf.⁷⁷Jeremiah 7:16. [He stated] ‘v’rivchem’ (and your strife) which is to be understood in its plain sense — matters of judgments [because judges must rule when there is strife among people]. Moses continued to state: Get you men who are wise, and understanding, and known among your tribes⁷⁸Verse 13. — referring only to [the qualities of] judges. But he said unqualifiedly, and I will make them heads over you⁷⁸Verse 13. by way of humility.⁷⁹That is, Moses told the people that he will make these judges “heads” over them — in all three of the above capacities: teaching, praying and judging. Actually, however, the “heads” were only for rendering judgment in matters of litigation between them, but not for teaching the statutes and the laws to the people, nor for praying on their behalf, those vital functions being the province of Moses. Yet Moses by way of humility said that he would appoint them to all three functions.
Now Rashi quotes from the Sifre:⁸⁰Sifre, Devarim 12. “‘Torchachem’ (Your trouble). This teaches that they were troublesome. If one perceived that his opponent was winning a litigation, he would say ‘I have witnesses to bring; I have evidence to present; I [exercise my right to] add judges to you [thereby increasing the size of the court].’” But I do not know [the validity of] this law that one of the litigants should have the right to add judges above [the usual number of] three in cases concerning monetary matters, and surely he has no such right after presenting his case before them and perceiving that his opponent was winning the case! For, had he voluntarily accepted upon himself a relative or an unqualified person as a judge, he could indeed retract⁸¹Sanhedrin 31b. prior to the rendering of the final judgment, but from those qualified to judge he cannot retract [his acceptance]! Perhaps we can deduce from here the principle that a man can say, “I choose two judges and you choose two other ones, and they [i.e., the four judges] will choose one more,⁸²For “a court must not be divisible evenly;” it must have an odd number of judges to assure that, in the event of a split, there would not be a tie vote (ibid., 2a). and let the suit be decided by five or more judges,” just as the Rabbis have said:⁸³The precise source of this statement is unknown to me. Rambam states the thought as follows: “Although a court of three judges is a perfect tribunal, yet if they are more, it is to be praised” (Mishneh Torah, Hilchoth Sanhedrin 2:13). “A suit decided by five [judges] is not comparable to one decided by ten [judges].” Although three judges [have the power to] compel parties to come before them for judgment when one refuses to be bound by their decision, yet if one [of the litigants] desires to choose additional judges, he may do so, because it is similar to [the case of] one [of the litigants] who says, “Let us go to the main meeting place of the scholars [to bring our suit before them on the assumption that superior scholars are better qualified to judge],”⁸¹Sanhedrin 31b. in which case we accede to him, provided it does not entail [undue] hardship, for in such a case we have been commanded, Justice, justice, shalt thou pursue,⁸⁴Further, 16:20. [which the Sifre interpreted]: “Go to a reliable court,” and an increase in the number constitutes “a reliable court.”⁸⁵Sifre, Shoftim 144; Sanhedrin 32b. Now in the wilderness, wise men were available to them and the litigants could say, “Let us go before the officers of the thousands.”

טרחכם, your petty arguments which did not even involve financial claims.

איכה אשא לבדי, "How can I bear alone, etc.?" Moses now reverts to what he had said in verse 9: "I cannot bear you myself alone." He had interrupted this train of thought in order to counteract any negative results which would accrue to the people from a complaint about them by their leader. At this point he feels it is safe to carry on with what he had to say in verse 9.

טרחכם ומשאכם וריבכם, “your contentiousness, your burdens, and your quarrelsomeness.” Nachmanides explains that the plain meaning of the text is that Moses here repeated in an oblique manner what he had said to his father-in-law Yitro when the latter had enquired what Moses was busy with all day long. At that time (Exodus 18,15-16) he had referred to his duties as threefold: He had stressed that his duties included the settling of disputes arising between one Israelite and another. He told Yitro that the duty to teach the people who had just left hundreds of years of slavery, involved only with the physical effort to survive such bondage, G’d’s law, was not only time-consuming, but difficult. This is what he alluded to when mentioning טרחכם, they were not such brilliant students who immediately grasped the knowledge offered, especially when it came to laws which did not appear logical to them. The word משאכם was a substitute for תפילה, prayer, as in ונשאת תפילה, (Isaiah 37,4) “if you will offer up a prayer.” A prophet, such as Isaiah in the verse quoted- is expected to offer up prayers to G’d on behalf of people who need their prayers for relief from problems to be heard by G’d. Finally, the word ריבכם used by Moses is self-explanatory. The words הבו לכם אנשים וגו', refer only to the attributes of the judges who are to be appointed. Alternatively, the word משאכם refers to the incidents when the people had demanded water, meat, etc., all matters that were beyond their leader’s ability to provide. The word משא is found in connection with that episode. (compare Numbers 11,11)

איכה אשא לבדי טרחכם, “How am I able to carry alone the trouble of you, and the burdens, etc.” The “trouble” Moses was referring to was that he had to explain the meaning of the commandments to foolish people. Our sages in Sifri Devarim 12 explain that the Israelites were bothering Moses with a great deal of litigation and the loser in litigation would never be content with the judgment but would claim that he had witnesses whom he had not presented, arguments which he had not used, etc., all in order to reopen the matter. Moses would have to add more judges to review the case.

In order to be rewarded, I cannot do so, etc. In other words: “Even if I would want to carry you alone in order to be rewarded, I cannot do so.” Otherwise, why did he say, “How can I carry alone”? For Moshe had already said (v. 9), “I cannot carry you by myself, etc.” which is due to the penalty, etc.

V. 12. טרה .טרחכם ומשאכם וריבכם, im Talmud sehr gewöhnlich: die Mühe; in תנ׳׳ך noch Jesaias 1, 14: היו עלי לטרח und Job 37, 11: אף ברי יטריח עב, wo. es das Auseinanderzwängen eines dichten Gewölkes durch den Lichtstrahl bedeutet, der das eben als dicke Wolkenmasse Dastehende als lichtumsäumte Duftwölkchen umherstreut, טרה יפיץ ענן אורו bedeutet im Rabbinischen auch ein starkes in Bewegung setzen, erschüttern. טריה (Baba Batra 18 a und Chulin 45 b). טרח ist hier die anstrengende Tätigkeit, משא das aufreibende, Geduld herausfordernde Ertragen (vergl. speziell Bamidbar 11. 11 u. 14), welches beides unausgesetzt die Mosche obliegende Gesamtleitung und Belehrung des Volkes bedingt. Wenn dazu noch ריבכם die einzelnen Streitsachen hinzukommen, deren Schlichtung Mosche allein obliegen sollte, so übersteigt dies die Kräfte selbst eines Mosche. Im ספרי wird טרחכם und משאכם auf die Erschwerung bezogen, die das Richter- und Führeramt durch die besonderen Charaktereigentümlichkeiten des Volkes erlitten, und zwar טרחכם auf den querulierenden Sinn der Prozessführenden, משאכם auf den Hang zu ironischen Witzeleien über das persönliche Tun und Lassen des Führers, was nicht wenig seine Autorität zu untergraben geeignet gewesen wäre, wenn ihm nicht Mosche ענוה mit völligem Ignorieren begegnet wäre.

וריבכם, “and your quarrels;” this refers to internal quarrels between Jew and fellow Jew.

טרחכם YOUR CUMBRANCE — Moses' use of this word regarding them teaches us that the Israelites were troublesome: if one of them perceived that his opponent in a law suit was about to be victor in the case he would say: I have witnesses to bring, further proof to adduce, I will add judges to you who are sitting (Sifrei Devarim 12:1) .

ומשאכם, your bicckering involving the provision of the needs for the many.

משאכם, “your burden.” A reference to the demands for meat and water. We know that in Numbers 11,11 Moses had asked G’d to relieve him of משא כל העם הזה עלי, “the burden of this whole people.”

This teaches that they were scoffers, etc. The word אפיקורסין means (literally) “rebels.” It is a contraction of two words: אפיק (discard), and רסן (bridle). I.e., the bridle is thrown off them — they go about unbridled. Therefore, they are rebellious, just as a horse that is unbridled.

ומשאכם YOUR BURDEN — this teaches that they were Epicorsim (that they treated the judges with scant respect): if Moses went forth early from his tent they said, “Why does the son of Amram leave so early? Perhaps he is not at ease at home?" If he left late, they said, “What do you think? He is sitting and devising evil schemes against you, and is plotting against you" (Sifrei Devarim 12:2).

וריבכם, and your mutual financial claims upon one another. He reminded them of all this in order that they should remember their sins. He hoped that the people repented their past conduct honestly, for in the past, in spite of Moses having told them that they would take over the land of Canaan without even having to fight for it, something that should have been their major concern seeing that they were in the desert. Rather than focusing on their major problem, how to get out of the desert into the promised land, they had wasted their time and efforts in the pursuit of petty concerns, undermining their inter-personal relationships in the process. Due to this interminable quarreling, Moses had been forced to appoint a large number of judges that had to exert authority over the individuals down to every 10 people requiring at least one such judge. This could only have been due to some character weakness, some pre-disposition to be quarrelsome.

וריבכם, “and your bickering.” This teaches that the people had a habit of quarreling with one another.

וריבכם AND YOUR STRIFE — this teaches that they were always contentious (Sifrei Devarim 12:3).