Musar su Esodo 18:34

מדוע אתה יושב לבדך? Rashi comments that Yitro asked Moses "Why do you sit down like a king?" Yitro felt that by sitting down (while the people were standing) Moses belittled the dignity of the people. This seems difficult to credit, seeing that Yitro afterwards warned Moses of becoming too tired to be useful to his people if he continued to do what he did without help.

The name אלוקים, on the other hand, symbolises nature, i.e. the laws of nature. We have repeatedly mentioned that the Hebrew word for nature, הטבע, has the same numerical value as the word א-להים. According to the Zohar, that name represents a קו, line, the rule of law and order, i.e. justice. The characteristics of all living creatures were determined by G–d invoking His attribute אלוקים.[In the words of the Ari Zal: "After G–d had created the הרשימו, the "place" for a universe, He created all that was to fill that "place." This was accomplished by means of a קו, sort of a pipeline. The light G–d created entered and dissipated within the "place" designated for the universe by means of the קו. Ed.] The fact that the Ineffable Four-lettered Name is a "higher" attribute than that of אלוקים is documented in Exodus 18,11: כי גדול י-ה-ו-ה מכל הא-לקים, when Yitro acknowledges the superiority of that attribute of G–d over all others. All other attributes (names) of G–d are derived from the Ineffable Name.

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.

Among the positive commandments in the Torah are some of the weighty ones that the masses are not careful about - for example the mention of [God’s] name in vain, as it is stated (Deuteronomy 10:20), “You shall fear the Lord, your God.” And our Rabbis, may their memory be blessed, said (Temurah 4:1), “We have been warned with this not to mention [God’s] name in vain.” And likewise acts of kindness, which is a positive commandment, as it is stated (Exodus 18:20), “and make known to them the way they are to go” - that is acts of kindness (Bava Metzia 30b). And they said (Sukkah 49b), “Acts of kindness are superior to charity, [since] charity is given to the poor, while acts of kindness are performed both for the poor and for the rich.” Therefore they said (Avot 1:2), “The world stands upon three things: On the Torah; on the service; and on acts of kindness.” And (Sukkah 49b) “charity can be performed only with one’s money, while acts of kindness can be performed both with his person and with his money.” For a person is obligated to exert himself in seeking good for his people and to dedicate himself to the betterment of his fellow - whether poor or rich. And this is one of the main weighty commandments required of a person, as it is stated (Micah 6:8), “He has told you, O man, what is good, and what the Lord requires of you - only to do justice, and to love kindness.” And likewise to go beyond the law, as it is stated (Exodus 18:20), “and the practices they are to follow.” And our Rabbis, may their memory be blessed, said (Bava Metzia 30b), “This is going beyond the letter of the law.” And there are many ways in this matter, such that this commandment would be from the weighty ones. It is all according to the contents of the case - as our Rabbis, may their memory be blessed, said (Bava Metzia 30b), “Jerusalem was destroyed only because they established their rulings on the basis of Torah law and did not go beyond the letter of the law.”

We find that all Moses' warnings to Pharaoh were uttered in the name of that name of G–d, i.e. כי גדול השם מכל האלוקים. I have explained all this in my commentary there (compare Exodus 7,17--8,6,---8,18-9,13/14, etc). The essential element in this description of G–d was that it reflected the היה-הוה-יהיה, the eternal nature of G–d, the Source of all existence and the One without whom no existence endures. He alone is the One who supervises everything that goes on in His universe. He is totally free to do as He pleases.

And, in truth, how great is this mitzvah in the eyes of the Blessed L-rd, it being written (Michah 6:8): "He has told you, O man, what is good, and what the L-rd requires of you — but to do justice and to love chesed, etc." And Chazal have said (Succah 49b): "'to do justice' — this is din; 'and to love chesed' — this is gemiluth chasadim." And he also fulfills in this the mitzvah of (Devarim 29:9): "And you shall walk in His ways," as we find in Sifrei on the verse (Ibid. 10:12): "'to walk in all His ways' — these are the ways of the Holy One Blessed be He, as it is written (Shemoth 34:6): 'Hashem, Hashem, the G-d who is merciful and gracious, slow to anger, and abundant in chesed, etc.'" And Chazal say (Bava Metzia 30b): "R. Yosef taught (Shemoth 18:20): 'And you shall apprise them of the way' — this is gemiluth chasadim."

Some Kabbalists explain Exodus 18,1, in which we are told what Yitro "had heard," as a description of Moses' spiritual ascent. According to that view, the words אשר עשה אלוקים למשה, mean that G–d in His capacity as י-ה-ו-ה, made an Elo-him of Moses. Yitro had heard that G–d said about Moses: ראה נתתיך אלוהים לפרעה, "See here, I have made you a deity over Pharaoh," while at the same time He had made the people His עם, nation. It was Yitro's understanding that becoming G–d's people meant becoming His "army." This would have been the realisation of G–d's wish ever since the Creation to have a residence in the material world. The reason that G–d, i.e. His manifest Presence, שכינה, withdrew from earth was only because man had seriously damaged that part of G–d's creation by his sins. Now G–d had refined the Jewish people in the "crucible" of the Egyptian bondage experience to the point where He chose them to be His "army" in lieu of His Celestial Army. This is the meaning of the words in 6,26: הוציאו את בני ישראל מארץ מצרים על צבאותם, "Take the children of Israel out of Egypt in their armies." Rashi comments that the words: צבאותם mean "every army according to their tribes." Had not these people participated in the sin of the golden calf afterwards, they would have remained on that lofty level indefinitely, just as they will be in the Messianic future of which the Torah says in Leviticus 26,12,: והתהלכתי בתוככם, "I shall be walking amongst you."

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;"

Come and see how great is the power of peace. For in the beginning of the creation of the universe the Holy One Blessed be He employed Himself in the creation of an instrument of peace, as it is written (Bereshith 1:3): "And G-d said: 'Let there be light' — and there was light." And how do we know that light is peace? For it is written (Isaiah 45:7): "He fashions light and creates darkness; He makes peace and creates evil." On this basis, our teachers of blessed memory ruled (Shabbath 23b): "As between a candle for his house and wine for kiddush, to sanctify the Sabbath [if he can afford only one], a candle for his house takes precedence because of the peace of his household." What is more, our sages enacted many ordinances in pursuit of the paths of peace, viz. (Gittin 59a): "They declared the following in pursuit of the paths of peace: 'The Cohein reads first [in the Torah], then the Levite, then the Israelite, because of "the paths of peace."'" An eruv [a halachic enabling device] is placed in an old house, because of "the paths of peace." The pit nearest the irrigation canal is filled first because of "the paths of peace."'" And so is it written (Proverbs 3;17): "Its [Torah's] ways are ways of pleasantness and all of its paths are peace." And thus did our sages of blessed memory say in the aggadah (Bamidbar Rabbah 15:13, Tanchuma Beha'alothecha 11): "There are thirteen things that the Holy One Blessed be He loved, and of all of them, He "doubled" [in profusion of love], only "peace." They [(the thirteen)] are: Cohanim, Levites, Israel, Sanhedrin [the high court], the first-born, the offerings of the tabernacle, the sacrifices, the oil of anointment, the Land of Israel, Jerusalem, the Temple, the kingdom of the house of David, and the silver and the gold. The Cohanim — (Shemoth 28:41): "And they shall be priests unto Me." the Levites (Numbers 3:41): "And I shall take the Levites unto Me." Israel — (Shemoth 19:6): "And you [Israel] shall be unto Me a kingdom of priests." Sanhedrin — (Numbers 11:16): "Gather unto Me seventy men." The first-born — (Shemoth 13:2) "Sanctify unto Me every first-born." The offerings of the tabernacle — (Ibid. 25:2): "And they shall take unto Me an offering." The sacrifices — (Numbers 28:2): "You shall heed to sacrifice unto Me in its appointed time." The oil of anointment — (Shemoth 30:31): "The holy oil of anointment shall this be unto Me for your generations." The Land of Israel — (Ibid. 19:5): "For unto Me is all the land." Jerusalem — (I Kings 11:36): "The city that I have chosen unto Me." The Temple — (I Chronicles 17:12): "He shall build unto Me a habitation." The kingdom of the house of David — (I Samuel 16:1): "For I have seen in his sons a king unto Me." The silver and the gold — (Chaggai 2:8): "Mine is the silver, and Mine is the gold." But, of all of these, none was doubled [in profusion of love] but "peace," as it is written (Isaiah 27:5): "Or let him take hold of My strength. He shall make peace unto Me; peace shall he make unto Me." Great is peace, which takes precedence to praise of the Blessed One Himself. For when Yithro came to Moses, immediately (Exodus 18:7): "And each made inquiry of the other's peace," whereas only afterwards (Ibid. 8): "And Moses related to his father-in-law all of the miracles that the Holy One Blessed be He had wrought for Israel." What is more, for all of the mitzvoth that the wicked perform in this world, the Holy One Blessed be He gives them their reward in this world — such as wealth, property, years, honor, and the like — except peace, which He does not give them, as it is written (Isaiah 57:21): "There is no peace, says my G-d, for the wicked." And, what is more, the Holy One Blessed be He gives peace as a reward to the righteous, as it is written (Ibid. 32:17): "And the reward for righteousness shall be peace…" What is more, it is with peace that He draws near to Him converts and penitents, as it is written (Ibid. 57:19): "He creates the utterance of the lips: 'Peace, Peace,' for the far and the near, says the L-rd, and I will heal him." Great is peace, for in regard to all of the journeyings in the desert it is written "And they journeyed and they rested," journeying in strife and resting in strife. But when they came to Mount Sinai, they made one great "resting," as it is written (Shemoth 19:2): "And Israel rested there, before the mountain." (Vayikra Rabbah 9:9): "The Holy One Blessed be He said: 'The time has now arrived for Me to give Torah to My children.'" For as long as they are at peace with one another, the Shechinah is among them. And thus is it said (Devarim 33:5): "And He was a King in Yeshurun when the heads of the people were gathered, together with the tribes of Israel." When does the kingdom and the Shechinah of the Blessed One abide in Israel? When they are all gathered together as one. Come and see how great is the power of peace; for it is through the power of peace that the world endures. For thus have our sages of blessed memory said (Avoth 1:18): "On three things does the world stand: on judgment, on truth, and on peace, as it is written (Zechariah 8:16): 'Truth and a judgment of peace shall you judge in your gates.'" What is more, when there is peace among men, there is blessing in their fruits, as it is written (Ibid. 12): "For as the seed of peace, the vine shall give its fruit, and the earth shall give its produce, and the heavens shall give its dew, and I shall bequeath all of these to the remnant of this people." And thus is it written (Psalms 147:14): "He makes peace on your borders and sates you with the fatness of wheat." Our sages have said (Vayikra Rabbah 9:9): "Great is peace, for if one erases one letter of G-d's name, he transgresses a negative commandment, as it is written (Devarim 12:3): 'And you shall wipe out their [the idols'] name from that place,' followed by (Ibid. 4): 'You shall not do so to the L-rd your G-d.' Yet to make peace between a man and his wife, the Torah says (Numbers 5:23): 'And the Cohein shall write these curses [containing G-d's name] in a book and erase them into the bitter waters.' The Holy One Blessed be He says: 'Let My name, which was written in holiness, be erased by the waters.'" And Chazal have said further (Vayikrah Rabbah 9:9): "Great is peace, for all of the goodly blessings and consolations that the Holy One Blessed be He convokes upon Israel conclude with "peace." The Shema — "He spreads a canopy of peace." The Amidah — "He makes peace." The priestly blessing — "And He shall repose peace upon you." "Therefore, my sons, be circumspect in this trait — to love peace and to pursue peace. For there is no end to the reward for loving peace and pursuing peace." Until here, the language of Ma'aloth Hamiddoth.

What is meant is that the entire Torah, all its laws and their spiritual impact, are the very soul of Israel, as I have explained at length on numerous occasions. This enables us to explain the various Midrashim on the paragraph. We read in Bamidbar Rabbah 19,7, that when Moses ascended to heaven he heard the voice of G–d expounding the law of the red heifer, quoting: "My son Eliezer says that the heifer has to be two years old, (the expression פרה, cow, means a minimum age of two years), whereas when the Torah uses the term עגלה, calf, this refers to a one year old animal." When Moses heard this, he said: "how is it possible that You, O G–d who owns heaven and earth, are sitting expounding Your Torah and quoting a human being as proof that Torah has been interpreted correctly!" G–d answered that at some point in the future a righteous person would arise who would commence his discourse on this portion by citing these words and his name would be Rabbi Eliezer, etc." Moses thereupon expressed the wish that the person in question should be one of his descendants. G–d immediately told him that his wish had been granted. This is the meaning of Exodus 18,4: "and the name of the one was Eliezer," when describing Moses' other son. The name of this special "son" of whom the Torah writes "האחד" is the Rabbi Eliezer whom G–d had quoted. He is the one who discoursed on the law of the red heifer.

This explains how the same Moses who was reported to have refused to suckle on the breast of a non Jewish wet nurse (Sotah 12), could nonetheless marry a woman of non Jewish origin (because she was to him like Eve had been to Adam, i.e. a missing part of his body, see Genesis 2, 21-23). When Yitro came to Moses in the desert, he said to him; "come forth on account of your wife whom I give to you, and her two sons." The first letters in the verse אני חותנך יתרו (Exodus 18,6) spell אחי, my brother. This was when he had realised that he, Yitro, representing Cain, was Moses' brother, whose former incarnation had been Abel.

Yitro's words "עתה ידעתי" "now I know," (Exodus 18,11) reflect this new-found knowledge of Yitro (Cain). Cain had murdered because he did not believe that G–d is a judge, that there is justice in the world, and that there is life after death. The Targum Yonathan says that the word "עתה" represents Yitro's new found insight, and that this is the reason that this portion about the installing of a broadly based system of judges was added at Exodus 18,21. (I have not been able to find this in the Targum Yonathan. Ed) The reason Yitro had entrusted (given) his flock to Moses (Exodus 3,1) was that it was symbolic of the sheep he had stolen from his brother Abel in his previous incarnation, the latter having been a shepherd (Genesis 4,2). Moses had not wanted to accept this flock, believing it to be rightfully Yitro's. The Rabbis do not like someone tending the property of an idol worshipper, since the chances are that such property may have been acquired as payment for services rendered to idols. The Torah therefore stresses צאן יתרו, that the flock was not derived from such sources.

Yitro's words "עתה ידעתי" "now I know," (Exodus 18,11) reflect this new-found knowledge of Yitro (Cain). Cain had murdered because he did not believe that G–d is a judge, that there is justice in the world, and that there is life after death. The Targum Yonathan says that the word "עתה" represents Yitro's new found insight, and that this is the reason that this portion about the installing of a broadly based system of judges was added at Exodus 18,21. (I have not been able to find this in the Targum Yonathan. Ed) The reason Yitro had entrusted (given) his flock to Moses (Exodus 3,1) was that it was symbolic of the sheep he had stolen from his brother Abel in his previous incarnation, the latter having been a shepherd (Genesis 4,2). Moses had not wanted to accept this flock, believing it to be rightfully Yitro's. The Rabbis do not like someone tending the property of an idol worshipper, since the chances are that such property may have been acquired as payment for services rendered to idols. The Torah therefore stresses צאן יתרו, that the flock was not derived from such sources.

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."

This is the reason the name used for Yitro in this connection is חובב, just like the word חובב, in Deut. 33,3, that we just quoted. He hinted to him that by attaching himself to the Jewish people the same benefits that would accrue to them would also accrue to him. The reason Moses had to spell this out was because it had not been promised directly by G–d. His promise had been made only to the Jewish people. When Yitro said "I will not go," he revealed that he had misunderstood Moses, and had believed that the only thing that Moses had referred to was the land of Israel in this material world, not also its counterpart in the celestial, spiritual domains. He had understood that from a legal point of view the land of Israel had been given only to the Jewish people, that proselytes had no share in it. He had understood the words of Moses “והטבנו לך,” as something that Moses and Israel volunteered to do, but something that was not legally binding. To this offer Yitro responded "I will not go," i.e. I do not need to depend on your favors. He said "I have my own country that I can go to, one in which I have legal rights." He implied that if the major attraction of the land of Israel were the מצות which could only be performed on that sacred soil, this did not apply to him at that time, since he was returning to his birthplace, מולדתי, in order to proselytize the other members of his family. This he felt surely rated as an important מצוה at that moment. In this we follow Rashi's commentary on Exodus 18,27, וילך לו אל ארצו.

I have explained why Moses named Gershon as he did, and why his second son Eliezer is not mentioned until Exodus 18,4, long after the Exodus. Only at that point does the Torah give the reason he had been called Eliezer, since G–d had already saved Moses from the clutches of Pharaoh.

Be that as it may, perhaps we can answer our question with another question. We know from various sources, including the Tanchuma Beshalach 10, that the whole song of הלל is not to be recited on the last day of the Passover, even though it is a full holiday, because G–d said that when He was forced to drown His creatures it would not be fitting for Israel- another one of G–d's creatures- to engage in such expressions of joy as reciting the whole of הלל. How do we reconcile such sentiments with the statement in Proverbs 11,10: באבוד רשעים רנה, "There is jubilation when the wicked perish"? I am indebted to the Zohar's explanation that such jubilation is in place only when the wicked have become so wicked that they have forfeited all redeeming features. As long as the wicked still possess some of them it is not appropriate to rejoice over their destruction, since the fact that the redeeming features did not lead them back to repentance causes sadness in Heaven, and, if G–d killed them all the same He did so only in order to protect the people of Israel or an individual deserving Jew. This is why G–d is described as saddened when מעשי ידי, "My handiwork drowns in the sea." When G–d drowned the Egyptians their measure of sin had not yet reached irrevocable dimensions. G–d killed them only on account of the people of Israel. This is the meaning of Exodus 18,8, where Yitro is reported as having heard what G–d did על אודות ישראל, "On account of Israel." This means that the death of the Egyptians at that time was orchestrated for less than objective considerations. The same considerations apply when we read in 14,25: אנוסה מפני בני ישראל כי ה' נלחם להם במצרים, "I shall flee on account of G–d fighting on behalf of Israel." The שר של מצרים realised that subjective considerations prompted G–d to personally intervene against his proteges and himself. Whenever the expression מפני is used we can understand it in this vein. It suited G–d's purpose at that time to have Israel witness this wholesale destruction of its enemies.

The Torah writes in Deut. 4,5: “ראה למדתי אתכם חקים ומשפטים,” "See I have taught you statutes and social laws, etc." G–d has taught us both the kind of laws the meaning of which it is given to us to perceive, and others whose meaning is not given to us to perceive. The reason why we have been taught laws the meaning of which we are able to understand, is so that we should be ready to accept on trust those laws which are beyond our understanding. Put differently: the very nature of גזרות, those laws detached from direct contact with the highest domain of רשימה, lead us to faith in the validity of חק. Now we will explain the 4 domains briefly referred to when we first introduced the Midrash on the meaning of the red heifer legislation. "Torah" is referred to in four different expressions, i.e. 1) תורת ה'; 2) תורת אלוקים, as we know from Nechemiah 8,8: ויקראו בספר בתורת האלוקים מפורש, ושום שכל, ויבינו במקרא, "They read from the book of the Lord's Torah, and explained it, putting their mind to it, and they understood the reading." 3) We find Torah referred to as תורת אמת; 4) We find Torah referred to as תורת האדם. These four expressions are in reality four nuances of what are basically two "Torahs." The first two are נסתרות, concealed matters, whereas the last two are נגלות, aspects of Torah whose meaning has been revealed. Each category has its subcategories. The first concealed "names" of Torah refer to the respective meanings of the Ineffable four-lettered Name of G–d, as well as to the meaning of the name אלוקים. The former contains the secret of ה' אחד ושמו אחד; as such it is applicable to the abstract spiritual world. The latter, on the other hand, which is equal in numerical value to the word הטבע, "nature," clearly describes G–d or Torah respectively being manifest in our physical world. In Exodus 18,11, we find that Yitro said עתה ידעתי כי גדול י-ה-ו-ה מכל האלוקים. He had realized that the dimension of G–d when He is called Yedud, (we will use this description when we mean the four-lettered Ineffable Name) is beyond the one when He manifests Himself as אלוקים. 2) We find in Exodus 9,16, that G–d told Moses that the purpose of the final three plagues was "למען ספר שמי," and the "name" referred to was Yedud. 3) G–d describes His name as Yedud in Exodus 6,3. In that instance, He makes it plain that this had been an aspect of Him that had not previously been revealed. 4) When the activities of Moses are described in the concluding verses of the Torah (Deut. 34,11), Moses is described as the messenger of the Yedud dimension of G–d. His function in performing the miracles referred to there had been to expand Israel's consciousness of G–d as the Master of טבע, i.e. the dimension of אלוקים, and to teach them that there are dimensions to G–d which are far beyond that realm. This aspect of G–d we have earlier referred to as רשימו.

When he had said "the G–d of my father has come to my assistance" (Exodus 18,4), he implied that even his father Amram had become so refined and purified that he qualified as an איש האלוקים. The words "He has saved me from the sword of Pharaoh," in addition to "the G–d of my father came to my help," mean that just as one grants additional wisdom to those who already possess a degree of wisdom, so Moses, seeing he had already possessed basic qualifications, advanced to even higher rank both spiritually and physically, so that even Pharaoh's sword could not harm his neck anymore than it could harm a pillar of marble. This is a hint that marble is incapable of becoming ritually impure. When the four sages entered the פרדס, i.e. the study of esoterics, מעשה מרכבה, Rabbi Akiva warned his colleagues "when you see pure marble, do not say "water, water!" (Chagigah 14)

The Talmud illustrates this point by various examples. In Baba Kama 99b we are told that a woman came to Rabbi Chiyah asking him to determine if a certain coin was sound. He told her that it was. The next day the same woman came back to him complaining that others had refused to accept the coin at full value. Thereupon Rabbi Chiyah instructed Rav, the keeper of his money, to give this woman a coin of his own to compensate her for what he perceived to be an error of judgment on his part. He asked Rav to record this transaction as a loss. The Talmud questions why this instance was different from the previously mentioned example of a professional money-changer who erred in his judgment and who had given his opinion without charging. Such a money-changer does not have to compensate the enquirer. The Talmud answers that Rabbi Chiyah did not have to make restitution, but that he acted לפנים משורת הדין, beyond what was demanded of him legally. He took his cue from Rav Yossi who interpreted Exodus 18,20: "You will inform them of the path they should take and the practices they are to follow" to mean that one should go beyond the demands of the law in dealings with fellow human beings.

We observe that the whole subject matter revolves around the Ineffable Name, the name representing G–d's Essence. It seems evident that Yitro knew something about the name of G–d, and this is why he said: "Now I know that י-ה-ו-ה is greater than any אלוהים (Exodus 18,11)." His statement included both idols and other aspects of G–d's names. Our sages have reported that Yitro in his search for truth had not omitted a single one of the religions practised during his time (Mechilta). He first came to the conclusion that there are several names i.e. manifestations of the true G–d, and that there was also a name that signified G–d's ability to effect changes in the laws of nature. He arrived at the conclusion that the four-lettered Ineffable Name was that Name.

We have a Midrash Tanchuma in Shoftim according to which Moses dedicated his soul to Torah, דינין, judgments, and to Israel. "Torah" refers to the Ten Commandments. They represent the letter י. "Judgments" refers to the letter ו, seeing that the world is based on דינין, dispensation of justice; the בנין originates in the 6th emanation תפארת. "Israel" is the mystical dimension, i.e. כנסת ישראל, which forms the ד, fourth leg, of G–d's מרכבה. The reason Moses was so totally dedicated to these three concepts was that his prophetic powers were of the אספקלריא מאירה level. Having explained how Yitro -by the addition of the letter Yud spelled י-ו-ד- gained fame so that a whole portion of the Torah bears his name, we may also see some mystical dimension in the letter ד of that Yud. Exodus 18,2-3 describes Yitro as bringing with him Moses' wife Tzipporah as well as her two sons. We must ask whether these sons were not also Moses' sons? If so, why were they not described as such? The Torah phrases it thus in order to show that Yitro, in addition to meriting the distinction of the letter ו (in the paragraph starting with ואתה תחזה in 18,21) also merited the distinction of the letter ד as a reward for having placed himself under the protection of the wings of the שכינה. Yitro's arrival in the camp of the Israelites included four persons; he himself, Tzipporah and her two sons. In Jewish law the children's nationality is determined by the nationality of their mother. Moses' paternity was irrelevant then for the moment. This is why in this instance the children are described as being Tzipporah's. The Zohar adds as an additional reason that it was the children's mother who raised them while their father Moses was busy looking after the Jewish people, i.e. מסר עצמו על ישראל, in the words of our Midrash. Later on, when Moses had obtained permission from the שכינה to take time out in order to welcome his wife and children as well as his father-in-law, these children are referred to as בניו, "his children" in 18,4. This concludes our presentation of some of the mystical aspects of מתן תורה, the gift of the Torah presented to the Jewish people during the revelation at Mount Sinai.

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.

Concerning the first of the five qualities of judges, that of "קשוט עצמך," i.e. "straighten yourself out, etc.," we find in Exodus 18,21 that Yitro gave certain guidelines to Moses regarding these qualities. Beginning with the first one, i.e. "you shall look for אנשי חיל," "you shall look for men of courage," these are a list of qualities which the judge expects those facing him to possess. Courage in this context would be the preparedness to give testimony regardless of unpleasant social or financial consequences for the witness. For this very reason, the very same steadfastness of character is expected of the judge himself, who must not be influenced by flattery, attempts to bribe, etc.When the judge expects a witness to be ירא אלוקים, G–d fearing (the next qualification in that list), the practical meaning is that a witness must not swear to something he is not absolutely sure of (i.e. something that only G–d can be sure of). Similarly the judge must be certain in his own conscience that he has no ulterior motive when arriving at his decision (seeing only G–d can evaluate his conscience).