Parshat Devarim
by Rabbi Avi Billet
Devarim Chapter 1 begins Moshe’s first of a few final speeches that he gives over in the last month of his life. In this chapter, after we are given a glimpse of where the Bnei Yisrael are, and certain coordinates that either help us pinpoint their location or remind us of certain stops on the way, Moshe tells over two narratives from the beginning of the sojourn in the wilderness – first of the time he appointed a system of judges, and second a retelling of the tale of the spies.
Let us explore the first of these two retellings.
Back in Shemos chapter 18, Moshe was visited by his father-in-law, who watched as he presided over judging the people “from morning until evening.” At that time Yisro told Moshe “What you are doing is not good,” and he suggested that Moshe find people to serve as judges over smaller units of people – a tier system – and to have the judges send more difficult cases to higher courts, or to Moshe himself. Moshe would train them all (18:20), and those who he would choose should be - אַנְשֵׁי־חַ֜יִל יִרְאֵ֧י אֱלֹהִ֛ים אַנְשֵׁ֥י אֱמֶ֖ת שׂ֣נְאֵי בָ֑צַע – “men of substance, God fearers, men of truth, who hate monetary gain.” Four qualities to look for.
At that time, Moshe found אנשי חיל, the first criteria Yisro had advised, perhaps indicating that he couldn’t find anyone who had the other qualifications, or as Chizkuni points out – the only quality a human can discern is that one, whereas everything else is in the heart, and the hope is that those who are אנשי חיל fit the other criteria as well.
When Moshe retells the tale here in our parsha, he makes no mention of his father in law, and the criteria for the judges has changed. Now the people are tasked with finding THREE qualities , and bringing אֲנָשִׁ֨ים חֲכָמִ֧ים וּנְבֹנִ֛ים וִֽידֻעִ֖ים לְשִׁבְטֵיכֶ֑ם - wise and understanding men, known among your tribes. (1:13) The depiction of who was chosen leaves out נבנים (understanding) in 1:15 - וָֽאֶקַּ֞ח אֶת־רָאשֵׁ֣י שִׁבְטֵיכֶ֗ם אֲנָשִׁ֤ים חֲכָמִים֙ וִֽידֻעִ֔ים.
Why these changes?
Rashi notes that he couldn’t find נבנים, and that the 3 qualities here are of 7 qualities that Yisro told Moshe to look for, combining the 4 spoken of in Shemos 18 and the 3 here. [Chizkuni expands upon this idea]
Ramban tells us that Moshe gave Yisro proper respect back in Shemos 18, and that perhaps Moshe did not mention him here, out of his own humility. Or because it wasn’t the right time to bring up the idea of Moshe’s wife and where she came from (assuming she is the אשה כשית Miriam referenced in Bamidbar 12). The way he went about telling this story would seem to have come from God’s direction.
Abravanel points to Bamidbar 31:14 that the פקודי החיל refer to soldiers, and that they too had a tier system of officers over smaller and smaller groups, therefore hinting to the idea that אנשי חיל, one of Yisro’s criteria, points to soldiers. Soldiers, he notes, don’t typically have the right kind of God-feared-ness (יראי אלקים) as they often enough just want to take from spoils of war. Thus they need to be אנשי אמת שנאי בצע, people who are truthful who don’t simply live for money.
Moshe wanted these leaders to fit the criteria shared up until now, but also to be military men. Abravanel gleans much from the skills that military leaders bring to the table. This should not come as a surprise to those of us who know how many military people end up going into politics, how many US Presidents were former military, etc.
He concludes explaining why Moshe doesn’t credit his father-in-law in Devarim. Back in Shemos 18, the Torah told us that Moshe listened to his father-in-law’s advice and did “all that he had said.” This was a way of honoring Yisro. However, he didn’t do that in the amount of time he was advised to follow, nor for the reasons given to him.
He raises a notion which is important to bear in mind, and that is that sometimes a story told in the Torah is presented in stages, and thus it doesn’t necessarily come to its completion at the time we think it does. The tale of Yisro coming to the Israelite camp is one of those examples. He first appears in Shemos 18, then again in Bamidbar 10. In Shemos it says Moshe sent him home after the visit. In Bamidbar it doesn’t tell us what he did when Moshe invites him to be the “eyes” (or guide?) for Bnei Yisrael. Abravanel argues that these are all in one visit, and that the visit spans weeks if not months, if not years! Thus there is no need to mention Yisro here, because it is simply a continuation of a story that began a long time ago, but which “obviously” is connected, and which comes to its conclusion in different moments in the Torah.
More than likely, as the Maharal points out, there are deeper waters to ponder in thinking why Moshe presents things as he does here, including in Moshe’s despair over his inability to carry the burden of the people by himself.
Rabbi David Fohrman has pointed to the parallel of Moshe’s inability to carry the people alone, and therefore appointing others to fill in his gaps to that of Moshe being unable to convince the people of the greatness of the land without calling in others to present the amazing nature of the land to the people.
Malbim suggests there is a difference between the way Moshe was advised – “You should pick the men” – and the way he presents it to the people, that he told the people “You [the people] should pick the people [to serve as judges],” further indicating a loss of personal control.
Part of the flaw in Moshe’s ways, and what contributed to his inability to continue to be the leader of the people was in his allowing them to manipulate outcomes. This happened with the spies, it happened with the Golden Calf, and now we see Moshe indicated that it even happened with the appointment of judges.
As a result, even though Moshe should have picked everyone himself, somehow the appointment of the judges fell into the hands of the people, who wanted to exert control.
In a way, we can even say that this happened in the event of Mei Merivah, when Moshe lost control of his emotions due to the machinations of the people.
In a way, Moshe is hinting, in this chapter, that the people need to find the right balance between trusting the leader who is given Divine assistance, and wanting to have a hand in shaping their own destiny. A leader is certainly not flawless, but there are certain qualities and strengths of a leader that not everyone possesses. As proof – that person is the leader, while others have no interest in leading.
Yisro was good at giving advice. But in the end, the buck stops with the leader. So Moshe was telling the people that he handled the affair of appointing judges through bringing the people into the process, because that was seen to be best for the people at that time. And maybe it was!
But it also lent itself to a kind of system that led for Moshe to not have full control in a manner that would have actually been best for the people. And that led to errors in judgment – maybe not in court judgment, but in judgment as to what is best for the people in the future, namely sending spies into the land, who might exert their own energy, and turn the people against their own best interests. In a way, Moshe is pointing out what is a recipe for disaster, and through preaching of what happened then, he is suggesting that a radically different approach to relating to the leader is what is going to be needed should they wish to have success in the next venture, when they finally enter the land without him.
Leaders who preach fealty to Torah, observance of the law, care for one another, are doing the right thing. [This can parallel in other groups, religious, secular, when good values are championed.] People who feel they have a better handle, and who cause their own groups to falter due to inconsistencies and the inability to take a step back, analyze, assess, and reassess, can contribute to the downfall of an enterprise.
It happened in the wilderness, to the tune of 40 years of wandering. Moshe is suggesting, “Let the lesson be learned, and the error not be repeated, as you enter the Promised Land.”
