Peter Pett's Commentary on the Bible
Exodus 18:13-26
Jethro Advises Moses On How To Judge The People And Moses Acts on His Advice (Exodus 18:13).
a On the next day Moses acts as judge for Israel and the people stand around him from morning until evening (Exodus 18:13).
b Jethro asks him why he does this to the people, and why he sits alone, and all the people stand around him from morning until evening (Exodus 18:14).
c Moses replies, ‘Because the people come to me to enquire of God'. When they come to him he judges between a man and his neighbour and makes known to them the statutes of God and His laws (Exodus 18:15).
b Jethro takes a whole burnt offering and sacrifices for God, thus offering blessing to God (Exodus 18:12 a).
a Aaron and all the elders of Israel come to eat food with Moses' father-in-law before God (Exodus 18:12 b).
d Moses' father-in-law tells him that it is not good, for he will wear himself away and also his people who have to wait around.
e He just cannot expect to bear this burden just by himself alone (Exodus 18:17)..
f ‘Listen to my voice.' He will now give his counsel, and may God be with Moses. Moses should be for the people Godward, and bring their causes to God, and teach them the statutes and laws, and show them they way in which they should walk, and the work that they must do (Exodus 18:19).
e If he does this, and God commands him so, then he will be able to survive intact and all his people will go to their place in peace (Exodus 18:23).
d Moses listened to his father-in-law and did what he had said (Exodus 18:24).
c Moses chose out able men from all Israel and made them heads over the people, rulers of tribes, sub-tribes, clans and households (thousands, hundreds, fifties and tens). And they judged the people at all seasons (Exodus 18:25 a).
b The hard causes they brought to Moses, the easier cases they judged themselves (Exodus 18:26 b).
a And Moses let his father-in-law depart and he went to his own land (Exodus 18:27).
Note that in ‘a' the situation is described concerning Moses' judging of the people, and in the parallel having, sorted out the situation Jethro returns to his own land. In ‘b' Jethro asks him why he does this to the people, and why he sits alone, and all the people stand around him from morning until evening, in the parallel the task is now shared. In ‘c' Moses replies, ‘Because the people come to me to enquire of God'. When they come to him he judges between a man and his neighbour and makes known to them the statutes of God and His laws' and in the parallel he chooses out able men to assist him in the task. In ‘d' Moses' father-in-law tells him that it is not good, for he will wear himself away and also his people who have to wait around and in the parallel Moses listens and does what he has suggested. In ‘e' he is told he cannot expect to bear this burden just by himself alone, and in the parallel he is told that if he does what Jethro suggests, and God commands him so, then he will be able to survive intact and all his people will go to their place in peace. In ‘f' he is advised that he should be for the people Godward, and bring their causes to God, and teach them the statutes and laws, and show them they way in which they should walk, and the work that they must do, and in the parallel it is explained that the new judges must judge the people at all seasons. Every great matter shall be brought to Moses but every smaller matter they will judge. Thus will it be easier for Moses and they will share his burden with him In ‘g' the system is laid out. He must provide out of all the people able men of the type who fear God, men of truth hating unjust gain, and place them over the people to be rulers of sub-tribes (thousands), clans (hundreds), wider families (fifties) and households (tens).
We see also what we have noted before that in the second part of the chiasmus there is a repetition, ‘rulers of sub-tribes (thousands), clans (hundreds), wider families (fifties) and households (tens), they (let them) judge the people at all seasons' (compare Exodus 18:21 a with Exodus 18:25 a).
For a similar patteern of a chiasmus containing a repetition in the second part see Numbers 18:4 with Exodus 18:7; Exodus 18:23 with Exodus 18:24; and Deuteronomy 2:21 with Exodus 18:22.
‘And it happened on the morrow that Moses sat to judge the people, and the people stood before Moses from morning until evening. And when Moses' father-in-law saw all that he did to the people, he said, “What is this thing that you do for the people? Why do you yourself sit alone, and all the people stand around you from morning until evening?”
Moses set aside days in which he would judge individual cases of complaint. It would seem that the people stood around while the cases came before him and then he would pass judgment on them. This amazed the experienced priest of Midian who recognised that it would finally prove too much for Moses. He asks why he does it. Is this the way he does things all the time?
‘And Moses said to his father-in-law, “Because the people come to me to enquire of God. When they have a matter they come to me, and I judge between a man and his neighbour, and I make them know the statutes of God and his laws.”
Moses replies that it is to enable the people to settle disagreements in such a way that they are satisfied that they have obtained justice before God. (Moses courteously uses the term for God that Jethro will recognise and accept in his jurisdiction). And they gather round so that all may come to understand the requirements of God as Moses adds his comments to the decisions.
In Exodus 15:25 b Moses spent some time in making for the people ‘a statute and an ordinance.' It is probable that those represented various laws, both legal and ritual, which were put down in writing and read out to the people. They were probably part of ‘the Testimony' of Exodus 16:34. The people were then promised that obedience to them would prevent God's judgment and ensure good health (Exodus 15:26 compare Exodus 16:28). And by these regular scenes of the dispensing of justice those laws were brought home to the people and expanded by the decisions made, possibly with amendment to the written record when necessary, when new decisions had been made about things that were not yet provided for. So was Moses preparing for his great work of writing the Torah (the foundation work of the Pentateuch).
‘And Moses' father-in-law said to him, “What you do is not good. You will surely wear away both you yourself and this people who are with you. For the thing is too much of a burden for you. You are not able to do it yourself alone.” '
Once again we notice that Jethro uses Elohim (God) and not Yahweh. Jethro spots immediately the problem with Moses approach. Moses is dealing with even the smallest and simplest cases. This means that he is overloaded. It also means that the people are having to listen to cases from which they can learn nothing. Thus both he and the people will eventually be worn down, and unable, or unwilling, to cope.
“Listen to what I say (to my voice), I will give you advice, and God be with you. You be for the people towards God, and you bring the causes to God. And you will teach them the statutes and the laws, and will show them the way in which they must walk and the work that they must do.”
So what he advises is that Moses only take on the more complicated cases, especially the cases where God's guidance is needed. For these the people will gather to hear the cases and the judgments. He will also deal with God on behalf of the people, and will be responsible for teaching God's laws and statutes. He will be responsible for guiding their behaviour. But the straightforward smaller cases will be dealt with by others using the guidelines laid down by Moses.
While later the sacred lot (the Urim and Thummim - see on Exodus 28:30) would be the basis of such judgments as Moses has to make, there is no suggestion of that here. As we discover later, Moses' connection with God is unique, like that of a man talking with his friend (Exodus 33:11).
This guidance from Jethro, based on common sense and experience, is good advice but it is not a command that Moses must obey. Jethro is not exercising jurisdiction over Moses, he is simply trying to help him. While Moses may have been his clansman he knows that he himself has no authority over the children of Israel. To suggest otherwise is to avoid the clear meaning of the passage. But a deeper significance may lie behind it. This may well be the moment that Jethro finally recognises that he must let Moses go. He is now ruler over his own people.
“God be with you.” He recognises the guidance Moses needs from God. But continually the name of Yahweh is avoided. Jethro speaks as one who usually worships Elohim (God) not Yahweh.
“The statutes and laws”. These will mainly be based on the customs of Israel as passed on by the fathers, and the revelations given to them, but in the end divine assistance will be needed in detailing and finalising them. There can really be little doubt that the basis of these was already in writing (Exodus 15:25).
A number of law codes such as the codes of Lipit-Ishtar, the laws of Eshnunna, the laws of Hammurabi, Hittite laws and so on have been discovered. These contained details of many laws and customs. But they were probably simply a guide and not a statement of laws strictly to be used to dispense justice. They seem to often represent case law, examples of how cases have been decided. However, Moses was in a unique situation. He was trying to bind together a number of conglomerate peoples. In his case a written law would be invaluable so that the people could learn from them as they were read out to them, and so that they could be pointed to in case of dispute.
“Moreover you shall provide out of the people able men such as fear God, men of truth, hating unjust gain, and place such over them to be rulers of thousands, rulers of hundreds, rulers of fifties and rulers of tens. And let them judge the people at all seasons, and it will be that every great matter they will bring to you, but every small matter they will judge themselves. So will it be easier for you and they will bear the burden with you.”
This suggestion must not be distorted. These are not civil judges as such, they are delegates of Moses. They are as much involved in religious judgment as Moses is but not to the same level. Moses will still be the chief judge and will deal with all major or complicated cases where God's specific judgment is required. What will differ is that minor cases will not be brought to him. They can be decided on the basis of God's revelation as revealed in the statutes already laid down by Moses. These are already God's judgments and His guidance does not need to be sought again. It is laid down in the statutes. If they cannot be so decided they will be brought to him.
The point is that Moses has been dealing with every single dispute, however small. Now it is suggested that these could be dealt with by someone who knows the parties better because they have closer connections with them.
We must remember that Moses is to some extent learning as he goes. A system does not just fall down from heaven. He had had experience in Egyptian administration but that was very different from here. As a prince he would not have been involved in judging a people. At first he was not aware of the capabilities of the elders of Israel. He has, however, by now become aware of what capabilities the elders of Israel had, and the judges will be made up mainly of these. They will already have had some experience in judging. Thus he has up to this point been feeling his way.
But now he knows more about the capabilities of the elders, and more, from experience, of what matters could be dealt with by others. Thus this suggestion came at a very timely moment. Later an even more developed system will be set up where more ‘senior' judges will be appointed who themselves are guided by the Spirit of God (Numbers 11:16; Numbers 11:23). But that is not yet.
“Able men who fear God, are men of truth and hate unjust gain.” Moses has to assess the possibilities and take character and ability into account. The three requirements are important. To fear the higher Judge of all, to be men of truth and not to be open to bribery. There could be no better recommendation.
“Rulers of thousands (or sub-clans), rulers of hundreds (or family units), rulers of fifties (smaller family units) and rulers of tens (individual families).” Depending on the importance of the case and the likelihood of appeal would be who was responsible for judging. The numbers are not to be taken literally. The point is that there are to be layers of ‘judges' at different levels so that appeals can be taken to higher levels, and more serious cases can be dealt with at a higher level. It is not only the judgment that will matter but the willingness of those being judged to accept the authority of the judge. No doubt this was the system used among the Midianites. But the Midianites were more split up and widespread so for Israel the system would later require modification.
This system would, of course, take some time to set up, but it is only the basis of the idea that has to be decided on. Its full implementation could take time. But it would take a huge burden from Moses' shoulders and lay it on others.
It is noteworthy that in Arabic ‘a ten' can mean a family.
“If you will do this thing, and God command you so, then you will be able to endure and all this people also will go to their place in peace.”
Jethro tactfully agreed that what Moses decided to do must be subject to the judgment and guidance of God. (Had he been the priest of Yahweh he himself could have given that guidance). This was important for the people must know that the arrangement had the sanction of Yahweh. But he pointed out the advantages. Moses would not be worn out as he was being now (it was probably obvious to an experienced leader how much Moses was suffering from his efforts). And the people also would not be overburdened with watching petty judgments (he had probably detected their boredom). It is the outsider who often sees most when it comes to such things.
“They shall go to their house in peace.” Because they have not been required to stand there for such a long, and often boring, time connected with cases easily decided and involving people unknown to them.
‘So Moses listened to the voice of his father-in-law and did all that he had said. And Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties and rulers of tens. And they judged the people at all seasons. The hard cases they brought to Moses, but every small matter they judged themselves.”
This is basically telling us that Moses acted fully on the suggestions of his father-in-law. It did not, of course, mean that it was fully implemented next day. It would take time to set up. But the beginnings could be put in place immediately. In a patriarchal society there would already be authoritative people in charge at different levels of tribal life, men to whom the people looked up and whose authority they accepted. Some could be appointed immediately. Probably the most difficult were the middle levels, and the absorbing fully into the system of the mixed multitude. These undoubtedly would take more time. The methods he used are outlined in Deuteronomy 1:13. Wisely he left much of the choosing to the people. They would be more likely to honour men of their own choosing.
“Did all that he had said.” This would happen over time, but the basis would be established immediately.