In this week’s Parsha, Yitro, Moshe’s father in law, solves the problem of judicial congestion. Yitro, a foreigner from the land of Midyan, suggests that Moshe create a hierarchical systems of courts to alleviate Moshe’s need to judge the people alone.
Interestingly, according to some Biblical commentators, this portion of the Torah is chronologically out of order. Rabbi Abraham Ibn Ezra, the great 12th century sage, marshals numerous compelling proofs to demonstrate that the entire Yitro narrative transpires after the giving of the Torah and after the completion of the building of the Mishkan.
To prove this, the Ibn Ezra points out that upon hearing of the miraculous exodus from Egypt, Yitro offers sacrifices to God in thanksgiving for the Jewish People’s salvation. The Ibn Ezra questions how Yitro knew to offer a sacrifice if the Torah was not yet given and a proper alter did not exist in the Tabernacle.
Additionally, after Yitro observes Moshe spend the entire day adjudicating cases, he asks his son-in-law the reason for his long hours. Moshe responds: “Ki yehiyeh lachem davar, bo eylei ve shafateti bein eish u bein reyahu, ve hodati et haElokim ve et Torato.”(If any of you has a case, come to me, and I judge between a man and his neighbor, and I make known the statutes of God and His teachings.)
The Ibn Ezra makes the obvious observation that Moshe’s answer references the “statutes of God and His teachings,” indicating that the Torah had already been given.
The Ibn Ezra concludes that that this is yet another example of a well-known principle that Torah does not conform to historical chronology. While the Torah generally lists events in their chronological order, the Torah is not a history book and is, therefore, not confined to the sequence in which events occurred.
The Ibn Ezra’s argument seems quite cogent. It appears that the Torah has presented the Yitro story out of sequence. However, the question that we must ask ourselves is why? If the Torah typically presents events in their historic order, why deviate here? What is gained? What are we being taught? In this case we must analyze why God placed the incident of Yitro’s arrival and subsequent suggestion to create a court system immediately preceding the giving of the Torah.
I believe God is teaching us a powerful lesson about judgment. The Jewish people were about to receive the Torah at Mt. Sinai. While the Torah is filled with commandments that relate to both creed and deed, there is a clear focus on actions and deeds. We are a nation that has been commanded to manifest and display our belief primarily through our activities.
It is precisely because we are a People of deeds that God was concerned that we may be inclined to start judging one another. After all, it is difficult to decipher what is in your neighbor’s heart, but we are readily able to judge someone’s observable actions. Can you believe so and so was not in shul again? Can you believe what she was wearing? I can’t believe how little so and so gave to the appeal!
God inserted the story of Yitro and the institution of judges immediately prior to the story of the giving of the Torah to remind us that only Hashem and the designated judges are empowered to judge. If you don’t find yourself in either of those two categories, you are not meant to judge. As Moshe himself says: “Ki ha mishpat le Elokim hu.” (Judgment belongs to God.)
The beginning of the parsha is thus a powerful introduction into the world of Torah and mitzvot. It is our duty to excel in our observance of mitzvot. Our passion and excitement for mitzvot will undoubtedly inspire others to engage in the beauty of our religion. However passing judgment on those who act differently from us best be left to God and those formally appointed to the position.
By Rabbi Zev Goldberg
Young Israel of Fort Lee
