Musar su Esodo 18:16

זאת חקת התורה . Why did the Torah need this introduction? This is adequately explained by Eliyahu Mizrachi. There are numerous occasions in the Torah when such an introduction is used, e.g. זאת חקת הפסח, in Exodus 12,43. Even though the law is not in the nature of גזרה היא מלפני, "it is a decree that I have decreed," seeing that the reasons for this legislation have been explained, the Torah's expression here is in a class by itself since we have both the expression חוק and תורה. Surely one of these words is unnecessary. Later, while still discussing the same subject matter, the Torah writes: זאת התורה, אדם כי ימות באהל "This is the Torah concerning a person who dies in a tent, etc." (19,14). At the beginning of our פרשה, it would also have sufficed to write only one of these expressions. In the example before us, the words “Torat,” or “Chukat,” mean that the Torah is about to reveal certain commandments to us. I believe that this question is answered adequately without the Mizrachi pointing out that we are faced here with what seems to be a repetition. We read in Exodus 12, 14: חקת עולם תחגהו, "you shall celebrate is as a statute forever." The Torah sometimes speaks of the Passover as חקת הפסח. This means the expression חק is also tied to certain time frames such as חקך וחק בניך, in Leviticus 10,13, where the consumption of certain sacrifices is discussed. In that instance the time this statute applies is limited. Similarly the statute of the Passover is severely limited in the time it applies. We find the expression חק, even when dealing with social laws, משפטים, such as in Exodus 18,16, where Moses tells his father-in-law that he explains the Torah's litigation laws to those who approach him with complaints. The word חק implies something fixed, whether in quantity or time.

The Torah's function is to acquaint us with דין, a system of jurisprudence, especially when conflicting demands are made upon us. Civil laws as expressed in פרשת משפטים are placed there to tell us that just as the Ten Commandments emanate directly from G–d, i.e. "Sinai" so do the more mundane sounding pieces of legislation revealed in פרשת משפטים. This is stated in Exodus 18,16, "I make known the laws and teachings of G–d;"

A third interpretation of the repetition of the word צדק would be that there are two ways of arriving at a fair judgment. The first צדק refers to the need to arrive at a mutually agreeable resolution of disagreements without recourse to the letter of the law. The second time the word צדק is used is for the eventuality that an agreed solution to the disagreement cannot be found. According to the Sifri it also means that the trial may not be re-opened once a person has been found innocent, even if new evidence against him is suppposed to have been found. Still another meaning of the second צדק could be that a judge, is supposed to be מתון, i.e. judge each case on its individual merits, without reference to precedent. It is not enough to refer to a previous judgment in what is perceived as an identical dispute. No two cases are identical. Moses already explained this point to his father-in-law Yitro in Exodus 18,16 when he told ושפטתי בין איש ובין רעהו, "When I pronounce judgment I have to consider each litigant on his own merits."

A true judge must possess five qualities.The words ואלה המשפטים, really hinge on those five qualities a true judge must possess. The word לפניהם in that verse is best understood along the lines suggested by the author of צרור המור on Exodus 18,16, כי יהיה להם דבר בא אלי ושפטתי בין איש ובין רעהו i.e. "When they have a matter (on their mind) he comes to me and I judge between man and his fellow man." The words really should have been "they come" i.e. באו אלי instead of the singular בא. Rashi simply states that בא is the object of the word דבר.