Comentário sobre Deuteronômio 1:15

ואקח את ראשי שבטיכם SO I TOOK THE HEADS OF YOUR TRIBES — I took them by fine words: Happy are you! Over whom are you about to be appointed? Over the sons of Abraham, Isaac and Jacob — over the sons of people who are called God's brethren and friends, God's portion and inheritance and to whom is applied every other expression denoting affection (Sifrei Devarim 15:1; cf. Targum Jonathan).

אנשים חכמים וידועים, “wise men, knowledgeable ones.” Moses does not mention נבונים, “men of insight,” one of the criteria suggested by Yitro that he look for. He had not found people who possessed this quality (Sifri Devarim 15).

I persuaded them with words. Whenever the word “take” does not refer to a specific type of acquisition, it means, “persuading with words.” This has already been explained in many other places.

V. 15. ואקח את ראשי שבטיכם וגו׳ ואתן אותם ראשים עליכם, die Männer genossen schon durch ihre Persönlichkeit das allgemeine Vertrauen, wodurch sie bereits die "Häupter der Stämme", die ersten, Einflussreichsten im Volke waren. Sie wurden jetzt "ראשים "עליכם, erhielten eine übergeordnete Stellung, eine durch Mosche verliehene, ihnen "erteilte" vom Volke zu achtende Autorität. Diese Tatsache, dass nur ראשי השבטים durch Mosche zu ראשים על השבטים gesetzt wurden, dürfte in aller Folgezeit der jüdischen Gerichtspraxis ihre Fortsetzung in der Norm gefunden haben, nach welcher die vollkommene richterliche Autorität an zwei Bedingungen sich knüpft: מומחה לרבים und נטילת דשות, die vorgängige, auf Anerkennung der gesetzwissenschaftlichen und Charaktertüchtigkeit beruhende "Erprobtheit im Volke", und sodann die Autorisation von der höchsten Nationalrepräsentanz, ריש גלותא in בכל oder נשיא für ארץ ישראל (siehe Sanhedrin 9 a). — שרי אלפים siehe zu Schmot 18, 21.

אנשים חכמים וידעים, “wise and knowledgeable men;” Rashi points out that apparently Moses had not found men possessed of בינה, insight, one of the criteria Yitro had told him to look for in men appointed to judge others. He had only found men that could be called: righteous, wise, and knowledgeable. If you were to ask what happened to the other four qualifications stipulated by Yitro as a precondition for acting as a judge? (Compare Exodus 18,21) The fact that the seven qualifications do not appear consecutively, but only four of them appear in the verse quoted, is a hint that if all these virtues could not be found in one man, then we would have to settle for less. Solomon in Proverbs 31 already pointed out how difficult it is to find even one woman who can be described as אשת חיל, “a woman of valour.”Rabbi B’rechyah in the name of Rabi Chama, son of Rabbi Chanina, is quoted in Deuteronomy Rabbah, 1,10, as having said: judges must possess seven virtues: wisdom, insight, knowledge, plus the four listed in Exodus 18,21. The reason that do not all appear together is to teach that the seven virtues are meant as in the best case scenario. If it is impossible to find people with all these virtues, naturally we have to settle for less, just as we never had a king that possessed all the virtues listed in Deuteronomy 17,15-20.

אנשים חכמים וידעים [AND I TOOK] MEN, WISE AND KNOWN — but understanding men I could not find (Nedarim 20b). This, too, was one of the seven qualifications which Jethro mentioned to Moses, but he found only three: men, i.e. righteous men, wise and known (Sifrei Devarim 15:2).

שרי אלפים, “chiefs of thousands.” This means that one such “chief” would be in charge of 1,000 Israelites. Similarly, there would be judges in charge of 100 Israelites, judges in charge of 50 and judges in charge of 10 men.

This qualification was one of the seven requirements, etc. Four of them are written here: Men — which implies righteous, wise, understanding, and renowned. And another three are written in Parshas Yisro (Shemos 18:21): God-fearing, men of truth, who despise gain. Moshe found only three of them: Righteous, wise, and renowned. Even though the four written here are not written in Parshas Yisro, nevertheless we must say that Yisro also told them to Moshe. Otherwise, why would Moshe disregard what Yisro had told him? Re”m counts four qualifications in Parshas Yisro: Capable, God-fearing, men of truth, who despise gain. And he counts three here: Wise, understanding, and renowned. According to this, we must say that Re”m does not count “righteous,” for it is the same as “God-fearing” which is written in Parshas Yisro.

ראשים עליכם [AND I MADE THEM] HEADS OVER YOU — i.e. that you should pay them respect — regard them as first in buying, first in selling, first in all matters of business — coming into the Synagogue and House of Study last and leave first (so that all should rise out of respect) (cf. Sifrei Devarim 15:3).

ושוטרים, “and law enforcers.” Men who would enforce the judges’ decisions by physical force.

He is to enter [the Synagogue or Bais Hamidrash] last and he is to be first to leave. So that everyone will stand up for them, which is a great show of respect. Also, they should leave first [from the Bais Hamidrash] before anyone else, so that everyone will need to stand up for them (Re”m). Some commentators explain the opposite: He is to enter last from the Synagogue or Bais Hamidrash to his home, and this was Moshe’s humility, so that the people will not have to stand up for him. And he is to be first to leave his home to the Synagogue or Bais Hamidrash; and arrive there before anyone else so that they should not have to stand up for him.

שרי אלפים means, one officer who is appointed over one thousand.

I appointed court-officers for your tribes. Rashi chose the word מניתי (I appointed) here, but not earlier (in the verse). In doing so, he is answering the question: The verse, “And designated them leaders over you: masters of thousands, etc ... and court-officers for your tribes,” implies that the “leaders (of thousands, etc.)” are also court-officers. Therefore, Rashi explains: “I appointed court-officers for your tribes,” but the leaders were not court-officers. Rashi continues and explains how he knows this: “For the court-officers are the ones who jail, etc.” meaning, “by order of the judges,” i.e., “by order of the leaders.” This teaches us that the court-officers were not the leaders.

שרי מאות means, one who is appointed over one hundred.

ושטרים AND COURT-OFFICERS — i.e., and also I appointed court-officers over you, לשבטיכם ACCORDING TO YOUR TRIBES — these are they who bind and flog with the lash at the bidding of the judges (cf. Sifrei Devarim 15:5).