Moshe’s father-in-law Yitro joins the Jewish people in the desert following the exodus from Egypt. He is overjoyed to hear of the people’s salvation. He brings offerings with Moshe and celebrates with the elders. The following day, he observes Moshe judging the people. He is critical of the procedure and offers Moshe an alternative to be more effective.

שמות יח:כ

(כ) וְהִזְהַרְתָּ֣ה אֶתְהֶ֔ם אֶת־הַחֻקִּ֖ים וְאֶת־הַתּוֹרֹ֑ת וְהוֹדַעְתָּ֣ לָהֶ֗ם אֶת־הַדֶּ֙רֶךְ֙ יֵ֣לְכוּ בָ֔הּ וְאֶת־הַֽמַּעֲשֶׂ֖ה אֲשֶׁ֥ר יַעֲשֽׂוּן׃

Shemot 18:20

20) And you shall admonish them concerning the statutes and the teachings, and you shall make known to them the way they shall go and the deed[s] they shall do.

In Yitro’s formulation of an alternative process, he diagnoses the problem, articulates the overarching goals, and offers a solution. In a single sentence, he succinctly summarizes the educational objective of Moshe teaching the people. In includes a warning about the laws, teaching the proper path, and proper actions. What is the difference between instructing them regarding the statutes and teachings, and the actions they should perform? The apparent redundancy in the wording is addressed and interpreted in the Talmud:

תלמוד בבלי – בבא מציעא ל:

דְּתָנֵי רַב יוֹסֵף: "וְהוֹדַעְתָּ לָהֶם" (שמות י"ח:כ'), זֶה בֵּית חַיֵּיהֶם; "אֶת הַדֶּרֶךְ", זוֹ גְּמִילוּת חֲסָדִים; "(אֲשֶׁר) יֵלְכוּ", זֶה בִּיקּוּר חוֹלִים; "בָּהּ", זוֹ קְבוּרָה; "וְאֶת הַמַּעֲשֶׂה", זֶה הַדִּין; "אֲשֶׁר יַעֲשׂוּן", זוֹ לִפְנִים מִשּׁוּרַת הַדִּין.

Talmud Bavli - Bava Metzia 30b

The Gemara cites a source for going beyond the letter of the law in the performance of mitzvot. As Rav Yosef taught in a baraita with regard to the verse: “And you shall teach them the statutes and the laws, and shall show them the path wherein they shall walk and the action that they must perform” (Exodus 18:20). The baraita parses the various directives in the verse. “And you shall teach them,” that is referring to the structure of their livelihood, i.e., teach the Jewish people trades so that they may earn a living; “the path,” that is referring to acts of kindness; “they shall walk,” that is referring to visiting the ill; “wherein,” that is referring to burial; “and the action,” that is referring to acting in accordance with the letter of the law; “that they must perform,” that is referring to acting beyond the letter of the law.

Rav Yosef explains each of the components of our verse. In order, the verse refers to teaching the people about 1) how to make a living 2) acts of kindness 3) visiting the sick 4) burial 5) the letter of the law 6) beyond the letter of the law. These are apparently the educational goals, the curriculum so to speak, that Moshe was trying to teach the Jewish people. What do these elements have in common? The Torah is a vast system of many mitzvot, concepts, and ideas. What ties together this set?

One approach, suggested to me by a friend, is that these are all ideals which are challenging to implement. We may earn a living, but it is challenging to do so in a way that doesn’t overtake our lives. Being kind seems straightforward, but is challenging in practice. One must really understand the needs of others to be truly kind. Visiting the sick is required even with a modicum of risk (not if there is a clear health risk). We must be involved in burial even if we feel it is beneath our dignity. Understanding when to apply the letter of the law and when to follow the spirit of the law is subtle. These are all endeavors that are complex in their implementation.

Accordingly, perhaps this was the back and forth between Moshe and Yitro. Moshe wanted to personally provide instruction in these complicated areas. He wasn’t trying to have a monopoly on the justice system. But wanted to ensure that the people had the highest level of instruction as they were building the foundation for Jewish society. Yitro explained that there was too great a cost to Moshe and the people. It would be more efficient and likely better for the spread of justice and the ideals of Torah to have instructors at every level of society.

A student of mine suggested these 6 components might represent a specific progression. The first building block of society is that people need to contribute and take care of themselves. As slaves in Egypt they did not have the opportunity to develop trades. In a matter of days they would be setting up society in Israel. They needed tailors and carpenters and architects.

The next step is a create a foundation of kindness between members of society. They need to take care of each other and watch out for each other. Visiting the sick and burying the dead are indeed subcategories of kindness, but their inclusion conveys the extent to which man must strive to support his fellow. The dignity of man must be respected and reinforced even in sickness and death.

When man interacts with his fellow there is always potential for conflict. There must be laws and expectations to regulate and adjudicate disagreements. Where is the precise property line? What happens if man inadvertently injures his neighbor or his neighbor’s property? How do we resolve two contradictory claims? There is the letter of the law, but merely carrying out the letter of the law does not always correspond to true justice. In fact, an appreciation for the spirit of the law is critical to the proper and functional implementation of justice.

תרגום ירושלמי (יונתן) שמות יח:כ

וּתְּזַהֵר יַתְהוֹן יַת קַיָּמַיָּא וְיַת אוֹרָיְתָּא, וּתְּהוֹדַע לְהוֹן יַת צְלוֹתָא דִּיִּצְלוֹן בְּבֵית כְּנִישְׁתְּהוֹן, וְיַת אוֹרְחָא דִּיְּפַקְדוּן לְמָרִיעִין, וּדְיַהֲכוֹן לְמִקְבּוֹר מֵיתַיָּא וּלְמִגְמוֹל בֵּהּ חִסְדָּא, וְיַת עוֹבָדָא דִּשְׁוָרַת דִּינָא, וּדְיַעַבְדוּן מִלְּגוֹ לְשׁוֹרְתָּא לְרְשִׁיעַיִּן

Targum Yerushalmi Shemot 18:20

And you shall warn them concerning the commandments and the Torah, and make known to them the prayer that they should pray in their synagogues, and the way they should visit the sick, and their duty to bury the dead, and to perform acts of kindness, and how to operate according to the letter of the law, and to operate beyond the letter [of the law] for the wicked.

According to the Targum Yonatan, the first of the 6 components is prayer in the synagogue. Perhaps this is indicative of the fact that man must recognize he is fundamentally in need. Prayer demonstrates that man is dependent on God for his existence. But specifically communal prayer takes this a step further and orients man to recognize he is in need of God and his fellow man. To live fulfilling lives and create a society that corresponds to the highest ideals, man must cooperate with his fellow in his approach toward God.

References

Rosenberg, A. (1980). A new English translation of the Hebrew Bible text and Rashi, with a commentary digest. New York: Judaica Press. Retrieved from: https://www.chabad.org/library/bible_cdo/

Steinsaltz, A., In Weinreb, T. H., In Schreier, J., & Hotsaat Koren (Jerusalem),. (2017). Koren Talmud Bavli, the Noe edition: Talmud Bavli. Retrieved from: https://shas.alhatorah.org/

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