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By Rabbi Naftoly Bier
The Torah says (18:13), “…And Moshe sat to judge, adjudicate cases for people, and they – the people – stood by him from the morning till the evening.” Rashi asks, “Was it possible? We are seeing that any judge that renders judgment that is rightful as truth demands it is considered as if one spent a day.” This idea of אמת לאמיתי, which initially seems a redundant phrase is explained by the גר”א, the Vilna Gaon, in the following manner:
For one to correctly judge – or for that matter to dispense advice – necessitates that one immerse oneself into correctly understanding all angles of the situation with absolute clarity. Only then is it possible to resolve the issue at hand. The דיין, judge who judges correctly, the Torah tells us, is considered as if he becomes a partner with Hashem in the creation of the world. The idea of reaction is exactitude, for otherwise the world would disintegrate, so too, one who takes the time to analyze a situation, with acuity and integrity is “keeping the world going”!
With this idea we can understand a perplexing explanation of Rashi. In 18:14, Yisro asks Moshe Rabeinu, “What is he doing sitting all day while people congregate around him?” Moshe answers, “1) The people come to inquire about Hashem, 2) when they have a dispute I decide who is correct and 3) I teach them the laws of Hashem and His leadership.” Rashi seems to explain that 1) people come to learn what Hashem wants them to do – which simply means to learn Torah. If so 1) and 3) seem to be the same idea. It’s redundant!
The ט”ז answers that while at first he taught Torah, when people observe that when adjudicating cases there seems to be a different ruling for different parties for the same case, Moshe has to show them that there is a very slight difference which causes a different ruling. In effect he was instructing Klal Yisroel with a life lesson; when deciding how to act, how to advise, one has to with integrity and honesty, time and dedication, selflessly ponder and thoroughly analyze every angle of a situation; rethinking one’s evaluation to ensure that is correct. Moshe Rabeinu is teaching all, including Yisro, that this is an elementary, vastly important dynamic of life!
In the same vein, in a similar manner we are taught how to address another. “כה תאמר לבית יעקב ותגיד לבני ישראל, You shall speak to the house of Yaakov and instruct the children of Israel,” Hashem commanded Moshe to speak and instruct two different groups in two different ways.
There are different explanations to who comprises these two distinct groups. It either refers to females and males or ordinary people and very righteous people.
Why women first? There are different מדרשים. Women naturally possess אמונה, a complete connection to Hashem. They therefore are instructed first, they are constantly exerting themselves to care for their families and to do Hashem’s will. Their exuberance and זריזות is wonderful example.
But one can ask, do women have the same, complete Torah like men? The ראשונים explain that the first words of the עשרת הדברות, Ten Commandments.” אנכי ה’ אלקיך, I am Hashem, your personal G-d, contains logically all of the Torah! So too רבינו סעדיה גאון explains, the עשרת הדברות are an outline for all 613 mitzvos. Conceptually, if one truly recognizes with full unmitigated clarity that Hashem is with them constantly day and night without any interruption, then one is living with Him at all times. In order to ensure this dynamic, we are given the gift of mitzvos which enable us to live accordingly.
The אור החיים in פרשת תצוה asks how it is possible for anyone to keep all 613 mitzvos which correspond to the רמ”ח אברים ושסה גידין, the 613 parts of the male body. He answers that since the כלל ישראל, the Jewish people are one נשמה, soul, every mitzvah done impacts in the total. The Torah was given fully to all- we are all one body. There are differences as to how everyone, male, female, Kohein, Levi, adds to the total body.
Men who by nature are more self-centered are told in “stronger” language, the need to constantly be aware of their challenge to transcend self-absorption. More מצוות are a stronger exhortation.
The Torah is teaching us that just as Hashem instructed Moshe to observe who one is talking to, to talk to every person according to who they are, so too, we must also. Therefore the opinion that to the “regular common person”, speak softly; elevate, inspire them to desire a higher level. To the people who have attained spiritual heights, demand more!
There is even an opinion in the Medrash that due to חוה, Eve, erroneously eating from the עץ הדעת, the forbidden Tree of Knowledge, in order to let her know her importance despite her sin, Hashem told Moshe to speak to the women first. Another lesson in observing a situation in totality.
Hashem told Moshe that he must warn for a second time the people not to step on the mountain (Har Sinai) at the time of the giving of the Torah. Why? People forget. People must know their “place in life”. Naturally people are jealous of another’s position. The Torah uses the word התקדשו, which usually means to be holy, selfless, spiritual. Here it means: Know your place! Know who you are! For that is the key to success in spiritual life in interaction with others. Every person must appreciate their individuality and that of all people with deliberation and enthusiasm.