In Parashat Yitro, Moses’ father-in-law advises him to create a judicial structure for the people that will reduce the burden on Moses and provide for a more efficient process of resolving disputes. The advice that Jethro gives Moses is reasonable and the text seems to suggest that it was implemented without delay.
“Moses heeded his father-in-law and did just as he had said. Moses chose capable men out of all Israel, and appointed them heads over the people – chiefs of thousands, hundreds, fifties and tens; and they judged the people at all times…” (Ex 18:24-26)
We are told that there were 600,000 adult Israelite men in the camp of those who left Egypt. If that is true and if we assume that the selection of judges was based on the size of that group and that the judges were drawn from that population, what does that imply?
There would apparently be 600 chiefs of thousands, 6,000 chiefs of hundreds, 12,000 chiefs of fifties and 60,000 chiefs of tens. In all, Moses would have to appoint 78,600 judges!
Not only does that number represent a daunting logistical task, but there were also important criteria established for the position.
“You shall also seek out from among all the people capable men who fear God, trustworthy men who spurn ill-gotten gain.”
Some commentators suggest that the specification of “capable men” refers to those who are wealthy. Others see that specification as referring to physical stamina and others to moral force. But, taken together, the specifications are stringent, even if appropriate.
But Moses did not know these people.
He certainly did not know enough of them to be confident of their character, stamina, objectivity and reputation for fair and honest dealing. He did not know them well enough to distinguish among them as to which might be fit to judge groups of fifty as opposed to a hundred, for example.
The direction given by Jethro further muddies the logistical waters in another way. He says: “…enjoin upon them the laws and the teachings…” But, this text comes before the law-giving at Sinai.
In the plain chronology of the text it seems that this criterion cannot be fulfilled until later. In fact, the same can be said about the criteria that Moses, himself, is employing to judge the people.
Some do argue that the actual chronology of events in Yitro does not follow the timeline of the text. But that is not a critical issue for the point I want to address here.
How can Moses, who has been away from Egypt for so long, and who was not raised among his own people when he did live there, have sufficient knowledge of the individuals that he can adhere to the criteria suggested by his father-in-law in selecting the judges?
Discounting a proposal that it was accomplished by means of some sort of prophetic insight or power of selection granted for the task by God, it seems to me that one approach to answering this question would suggest a process of delegation.
That is, Moses might have selected the judges of thousands and they might then have selected the judges of hundreds who then selected the judges of fifties, who chose the judges of tens. That certainly makes sense when you consider the issue of time requirements. After all, the task of selecting the 60,000 judges of tens, if by any process other than choosing by lot – which is specifically contrary to plan – would have to take quite a long time.
But even if we assume that kind of delegation, the highest tier of judges would still number 600 and if Moses took only one hour to vet the candidates for each of those 600 top-tier judgeships, the timeline of the story as we have it would be affected.
It seems to me more likely that the selections were almost automatic, based on a known and accepted leadership structure within the Israelite community. A structure that persisted even during the years of slavery and that had its roots in the long period during which the community was prosperous and largely self-governing in Egypt. It seems also reasonable to expect that the structure of the community was still reflective of a tribal organization around the sons of Jacob.
Is it reasonable to expect, though, that the tribal leadership that existed in Egypt demonstrated the character that Moses would require of these judges?
Perhaps. But it has certainly been the case in many subjugated populations that those who are leaders of the subjugated have protected or maintained their positions by cooperating with their masters, often to the detriment of their fellows.
Could it be that the admonition to Moses to select men with the characteristics cited was understood as a message to be given by Moses to those who were essentially placed in those posts by right of prior position? Essentially Moses saying: “This is how you will behave?”. Maybe, but I suspect that is unlikely.
But fast forward only a while to the episode of the spies. Those selected to survey the land and its people were leaders, or princes. They were distinguished and heads of the tribes. Rashi notes that this description indicates that when they began their mission these men were still righteous. I wonder.
I wonder if those who were the leaders in Egypt really had the character that Moses was told to require in judges and that Rashi suggests existed in the spies.
I wonder if the hierarchy of the end of the period of enslavement, which is hinted at in Yitro and which allowed the establishment of the judicial system as quickly as it was (apparently) established, did not of itself require replacement prior to entering the land? Other evidence is brought, and other issues are cited as reasons, of course, but the end might have been inevitable even without them.
Does the behavior of the people during the years in the desert, at least as we know of it from our text, suggest that the population included even 600 leaders of the caliber described in Yitro?
It seems unlikely.
©Charles R. Lightner