Wyjścia 18:22 Komentarz: Rashi, Chizkuni, Ramban & Sforno

ושפטו — Onkelos translates this by וידונון AND LET THEM JUDGE (not “and they judged”, as in v. 26) — the word expresses a command.

ושפטו את העם בכל עת, “they would be ready to sit in judgment of the people at any time.” The reason they would always be available, said Yitro, was that they did not have to take time out to speak with G-d as Moses often was in the habit of doing.

AND LET THEM JUDGE THE PEOPLE AT ALL TIMES. The meaning thereof is that “when there will be many judges available, the oppressed one will go to the judge at any time he desires and he will find him ready [to listen to his grievance]. He cannot come near you [i.e., Moses] at any time because of the great multitude of people before you and on account of your many preoccupations. The result of this is that many of them will rather tolerate the violence committed against them because they have no opportunity to tell it to you. They do not want to abandon their work and affairs to wait for a free moment when they will be able to approach you.” This is the sense of the expression, each one shall go to his place in peace.¹²⁸Verse 23. At present, because they cannot come near for judgment at all times, they will not rest in peace, since this opens a door for unjust people to commit violence and for oppressors to cause contention. And the meaning of the expression to his place¹²⁸Verse 23. is that to whatever place they will come, [they will live in peace] as long as they are in the camp in the wilderness.
From the language, And let them judge the people ‘at all times,’ our Rabbis have derived the principle¹²⁹Sanhedrin 34b. that in civil cases, the verdict may be reached even during the night,¹³⁰In capital cases, the verdict must be reached during the daytime (ibid., 32 a). The trial itself, in both capital and non-capital cases, must be held during the daytime (ibid.) since it does not say here, “[and let them judge the people] the whole day.”

והקל מעליך lit., AND TO LIGHTEN the burden FROM OFF YOU — this thing will serve to lighten it from off you. והקל — the grammatical form is similar to (Exodus 8:11) ”and to harden (והכבד) his heart”; (2 Kings 3:24) “and to smite (והכות) Moab” — both of which words are infinitives expressing present time.