Exodus 18:1-27

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Sedra 5, Yitro

Exodus 18:1 – 20:22

Chapter 18

18:1 VA YISHMA YITRO KOHEN MIDYAN CHOTEN MOSHEH ET KOL ASHER ASAH ELOHIM LE MOSHEH U LE YISRA-EL AMO KI HOTSIY YHVH ET YISRA-EL MI MITSRAYIM

וַיִּשְׁמַע יִתְרוֹ כֹהֵן מִדְיָן חֹתֵן מֹשֶׁה אֵת כָּל אֲשֶׁר עָשָׂה אֱלֹהִים לְמֹשֶׁה וּלְיִשְׂרָאֵל עַמּוֹ כִּי הוֹצִיא יְהוָה אֶת יִשְׂרָאֵל מִמִּצְרָיִם

KJ (King James translation): When Jethro, the priest of Midian, Moses' father in law, heard of all that God had done for Moses, and for Israel his people, and that the LORD had brought Israel out of Egypt;

BN (BibleNet translation): Now Yitro, the priest of Midyan, Mosheh's father-in-law, heard about everything that Elohim had done for Mosheh, and for Yisra-El his people, how YHVH had brought Yisra-El out of Mitsrayim.

Two versions of the story brought together here, albeit with the seams showing. Logically it has one god seeing what another god has done, which simply does not work in the context of proto-Jewish monotheism. What we have is the Midyanite Elohim and the ? YHVH.

The ?, because it may actually be that there are two Midyanite version. Go back to Exodus 2:18 (or forward to Numbers 10:29, which repeats it), and you will find a further complication; that Mosheh's father-in-law was not Yitro at all, but another man, Re'u-E; but then go to Exodus 4:18 and he is Yeter in the first half of the verse, but Yitro in the second half. Two versions, at least! And there will turn out, on this subject, to be several more besides!.

18:2 VA YIKACH YITRO CHOTEN MOSHEH ET TSIPORAH ESHET MOSHEH ACHAR SHILUCHEYHA

וַיִּקַּח יִתְרוֹ חֹתֵן מֹשֶׁה אֶת צִפֹּרָה אֵשֶׁת מֹשֶׁה אַחַר שִׁלּוּחֶיהָ

KJ: Then Jethro, Moses' father in law, took Zipporah, Moses' wife, after he had sent her back,

BN: And Yitro, Mosheh's father-in-law, took Tsiporah, Mosheh's wife, after he had sent her home.

Slightly odd phrasing, it tells us that Yitro "took her back" after Mosheh "sent her away", which has to be presumed to mean "home"; Exodus 4:20 was clear that "Mosheh took his wife and his sons, and set them upon a donkey, and he returned to the land of Mitsrayim", after which there appears to be some sort of difference of opinion between husband and wife over the business of circumcision, for which she describes him as a "bridegroom of blood" (4:25), and we do not hear of her again until the current verse. Was this why he sent her away?

18:3 VE ET SHENEY VANEYHA ASHER SHEM HA ECHAD GERSHOM KI AMAR GER HAYITI BE ERETS NACHRIYAH

וְאֵת שְׁנֵי בָנֶיהָ אֲשֶׁר שֵׁם הָאֶחָד גֵּרְשֹׁם כִּי אָמַר גֵּר הָיִיתִי בְּאֶרֶץ נָכְרִיָּה

KJ: And her two sons; of which the name of the one was Gershom; for he said, I have been an alien in a strange land:

BN: And her two sons; of whom the name of one was Gershom; for he said: "I have been a stranger in a strange land".

GERSHOM: See Exodus 2:22 for my notes to this.

18:4 VE SHEM HA ECHAD ELI-EZER KI ELOHEY AVI BE EZRI VA YATSILENI ME CHEREV PAR'OH

וְשֵׁם הָאֶחָד אֱלִיעֶזֶר כִּי אֱלֹהֵי אָבִי בְּעֶזְרִי וַיַּצִּלֵנִי מֵחֶרֶב פַּרְעֹה

KJ: And the name of the other was Eliezer; for the God of my father, said he, was mine help, and delivered me from the sword of Pharaoh:

BN: And the name of the other was Eli-Ezer: "for the god of my father came to my aid, and delivered me from the sword of Pharaoh."

CHEREV PAR'OH once again takes us to the curious etymological coincidence of CHOREV (Horeb) and CHEREV, which might only be mildly interesting were it not for the very particular CHEREV that was placed as a guard outside that most holy of all places, the Garden of Eden - the flaming sword of Genesis 3:24 (and see my fuller note to this at Exodus 3.

18:5 VA YAVO YITRO CHOTEN MOSHEH U VANAV VE ISHTO EL MOSHEH EL HA MIDBAR ASHER HU CHONEH SHAM HA HA ELOHIM

וַיָּבֹא יִתְרוֹ חֹתֵן מֹשֶׁה וּבָנָיו וְאִשְׁתּוֹ אֶל מֹשֶׁה אֶל הַמִּדְבָּר אֲשֶׁר הוּא חֹנֶה שָׁם הַר הָאֱלֹהִים

KJ: And Jethro, Moses' father in law, came with his sons and his wife unto Moses into the wilderness, where he encamped at the mount of God:

BN: And Yitro, Moshe's father-in-law, came with his sons and his wife to Mosheh in the desert where he was camped, at the mountain of Ha Elohim.

Why the need to repeat, and now for the third time in five verses, that he was Mosheh's father-in-law (and yet again in the next verse)? Is it because so many other fathers-in-law get named elsewhere in the text?

U VANAV VE ISHTO: With Yitro's own sons and wife, or with Mosheh's? The text is unclear. The next verse clarifies.

HAR HA ELOHIM: It being a different god, or gods on this occasion, and this a Midyanite story; and Midyan lying on the far side, not just of the Red Sea but of the Dead Sea, we can assume it is not the same journey that we have just witnessed, and it is not the same mountain either. This is the mountain where Mosheh witnessed the "burning bush" - Exodus 3:2.

18:6 VA YOMER EL MOSHEH ANI CHOTENCHA YITRO BA ELEYCHA VE ISHTECHA U SHENEY VANEYHA IMAH

וַיֹּאמֶר אֶל מֹשֶׁה אֲנִי חֹתֶנְךָ יִתְרוֹ בָּא אֵלֶיךָ וְאִשְׁתְּךָ וּשְׁנֵי בָנֶיהָ עִמָּהּ

KJ: And he said unto Moses, I thy father in law Jethro am come unto thee, and thy wife, and her two sons with her.

BN: And it was said to Mosheh: "I, your father-in-law Yitro, am coming to you, and your wife, and her two sons with her."

Presumably these words were conveyed by a messenger sent on ahead. The language is fascinating however, as a model of the diplomatic language of the desert Arab, still in use today.

18:7 VA YETS'E MOSHEH LIKRA'T CHOTNO VA YISHTACHU VA YISHAK LO VA YISH'ALU ISH LE RE'EHU LE SHALOM VA YAVO'U HA OHELAH.

וַיֵּצֵא מֹשֶׁה לִקְרַאת חֹתְנוֹ וַיִּשְׁתַּחוּ וַיִּשַּׁק לוֹ וַיִּשְׁאֲלוּ אִישׁ לְרֵעֵהוּ לְשָׁלוֹם וַיָּבֹאוּ הָאֹהֱלָה

KJ: And Moses went out to meet his father in law, and did obeisance, and kissed him; and they asked each other of their welfare; and they came into the tent.

BN: And Mosheh went out to meet his father-in-law, and prostrated himself, and kissed him; and they asked each other of their welfare; and they came into the tent.

A nice human moment in the story; though you would have thought it was also worth mentioning that he said hello to his wife too, and even hugged his sons. Maybe he didn't.

YISHTACHU: translating it as "bow" misses the whole point; the SHETACH is the floor; what Mosheh did was to prostrate himself. Though we might also ask: was this a junior Midyanite priest prostrating himself before his religious superior, or the son-in-law before the father-in-law? The former seems to me the more likely.

18:8 VA YESAPER MOSHEH LE CHOTNO ET KOL ASHER ASAH YHVH LE PHAR'OH U LE MITSRAYIM AL ODOT YISRA-EL ET KOL HA TELA'AH ASHER METSA'ATAM BA DERECH VA YATSILEM YHVH

וַיְסַפֵּר מֹשֶׁה לְחֹתְנוֹ אֵת כָּל אֲשֶׁר עָשָׂה יְהוָה לְפַרְעֹה וּלְמִצְרַיִם עַל אוֹדֹת יִשְׂרָאֵל אֵת כָּל הַתְּלָאָה אֲשֶׁר מְצָאָתַם בַּדֶּרֶךְ וַיַּצִּלֵם יְהוָה

KJ: And Moses told his father in law all that the LORD had done unto Pharaoh and to the Egyptians for Israel's sake, and all the travail that had come upon them by the way, and how the LORD delivered them.

BN: And Moshe told his father-in-law all that YHVH had done to Pharaoh and to Egypt for Yisra-El's sake, all the travail that had come upon them by the way, and how YHVH had delivered them.

Once again two different gods are involved here. Elohim sends Yitro to Mosheh, but Mosheh tells what YHVH had done. And anyway Yitro already knew, according to verse 1.

And no sign of Tsiporah during this tete-a-tete? Was he still so upset that he didn't include her, or even want to see her? Or was this just the normal status of women, relegated to the sleeping quarters, left with the kids, trying on her new sheitl?

18:9 VA YICHAD YITRO AL KOL HA TOVAH ASHER ASAH YHVH LE YISRA-EL ASHER HITSIYLO MI YAD MITSRAYIM

וַיִּחַדְּ יִתְרוֹ עַל כָּל הַטּוֹבָה אֲשֶׁר עָשָׂה יְהוָה לְיִשְׂרָאֵל אֲשֶׁר הִצִּילוֹ מִיַּד מִצְרָיִם

KJ: And Jethro rejoiced for all the goodness which the LORD had done to Israel, whom he had delivered out of the hand of the Egyptians.

BN: And Yitro was glad for all the good things that YHVH had done for Yisra-El, in that he had delivered them out of the hand of Mitsrayim.

YICHAD: Scales of emotion are variable, and language always reflects this. LISMO'ACH (לִשְׂמוֹחַ) is the most common verb, though really it only expresses pleasure and satisfaction. The full exultation would be LASIS (לָשִׂישׂ), though this is regularly twinned with LISMO'ACH, as in Isaiah 22:13 and 35:10. YICHAD is probably the least intense of the three.

And glad though he be, and bless him as he will in the next verse, he has also come here laden down with criticisms, and he is not going to hold them back! The teaching-Abbot conducting annual assessment and evaluation of his student-priest - and if LISMO'ACH equals SATIS, then YICHAD is barely a pass!

18:10 VA YOMER YITRO BARUCH YHVH ASHER HITSIL ET'CHEM MI YAD MITSRAYIM U MI YAD PAR'OH ASHER HITSIL ET HA AM MI TACHAT YAD MITSRAYIM

וַיֹּאמֶר יִתְרוֹ בָּרוּךְ יְהוָה אֲשֶׁר הִצִּיל אֶתְכֶם מִיַּד מִצְרַיִם וּמִיַּד פַּרְעֹה אֲשֶׁר הִצִּיל אֶת הָעָם מִתַּחַת יַד מִצְרָיִם

KJ: And Jethro said, Blessed be the LORD, who hath delivered you out of the hand of the Egyptians, and out of the hand of Pharaoh, who hath delivered the people from under the hand of the Egyptians.

BN: And Yitro said: "Blessed be YHVH, who has delivered you out of the hand of Mitsrayim, and out of the hand of Pharaoh; who has delivered the people from under the hand of Mitsrayim...

Why the repetition? Is he insinuating something self-centred, egotistical, about Mosheh? First the "you", because probably Mosheh's account has been full of "I", not "we", and so the reminder of the more important "them"?  And then the real criticisms.

18:11 ATAH YADA'TI KI GADOL YHVH MI KOL HA ELOHIM KI VA DAVAR ASHER ZADU ALEYHEM

עַתָּה יָדַעְתִּי כִּי גָדוֹל יְהוָה מִכָּל הָאֱלֹהִים כִּי בַדָּבָר אֲשֶׁר זָדוּ עֲלֵיהֶם

KJ: Now I know that the LORD is greater than all gods: for in the thing wherein they dealt proudly he was above them.

BN: "Now I know that YHVH is greater than all the gods, because what he has done has made them proud...


Is there an inference that Yitro actually worships a very different god from Mosheh, is indeed the priest of a very different god, Mosheh perhaps having trained in a Midyanite "seminary", but as a foreigner, whether Egyptian or Beney Yisra-El, and now very much the leader of the Beney Yisra-El, and therefore following their gods? I think this is unlilely, but merits consideration. More likely, Mosheh has become a follower of the volcano god YHVH, is tending towards monotheism through that, where Yitro worships a pantheon of gods and goddesses - HA ELOHIM - much like the Egyptians. Yitro's comment expresses admiration for Mosheh's god, YHVH, but does not imply that he is about to switch allegiances, or reduce, as he would see it, to monotheism. And indeed, when he arranges the feast in the next verse, it is very specifically Elohim and not YHVH to whom the beasts are sacrificed; and it is very clear that YHVH is not the "only" god in a monotheistic world, but one, and not even the supreme one, in a very large pantheon.

18:12 VA YIKACH YITRO CHOTEN MOSHEH OLAH U ZEVACHIM LE ELOHIM VA YAVO AHARON VE CHOL ZIKNEY YISRA-EL LE'ECHOL LECHEM IM CHOTEN MOSHEH LIPHNEY HA ELOHIM

וַיִּקַּח יִתְרוֹ חֹתֵן מֹשֶׁה עֹלָה וּזְבָחִים לֵאלֹהִים וַיָּבֹא אַהֲרֹן וְכֹל זִקְנֵי יִשְׂרָאֵל לֶאֱכָל לֶחֶם עִם חֹתֵן מֹשֶׁה לִפְנֵי הָאֱלֹהִים

KJ: And Jethro, Moses' father in law, took a burnt offering and sacrifices for God: and Aaron came, and all the elders of Israel, to eat bread with Moses' father in law before God.

BN: And Yitro, Mosheh's father-in-law, took a burnt-offering, and made sacrifices to Elohim; and Aharon came, and all the elders of Yisra-El, to eat bread with Mosheh's father-in-law before Ha Elohim.

VA YIKACH: I am intrigued by this. Normally burnt offerings are things you make, not take - and indeed the Mosaic laws (Leviticus 6:2:6) prohibit the eating of the burnt offering; as opposed to the meat offering, which is eaten, and its laws follow in the same chapter. All this seems logical, given that the whole point of the kurban is that it is burned beyond edibility (Leviticus 7:8 slightly undermines this however, giving permission to the Kohen to eat the skin - though not the meat). There is a very thorough essay on the subject here.

But the Yehudit here tells us that Yitro "took it", and the inference is that he took it to serve at the family se'udah. Given the syntax of the sentence, I think we have to understand "take" here as "made".

LE ELOHIM... HA ELOHIM, both in the plural, meaning polytheism, and definitely a different god from YHVH (though YHVH was one of the gods in that polytheon). Aharon and the elders respect him as Mosheh's father-in-law, and have more tolerance than some religious people, so they are - from an orthodox Jewish perspective - "willing to break bread with him", and even, as we shall see in a moment, "participate in ritual sacrifices to his gods". The evidence throughout the text, especially in the episode of the Golden Calf, is that Aharon and his fellow Beney Yisra-Elim were just as polytheistic as Yitro. And Mosheh too, as per verse 15!

CHOTEN: Why the constant need to restate the fact that he is Mosheh's father-in-law? I have noted at verse 2 the apparent dispute between Mosheh and Tsiporah over the circumcision of their sons, though my notes at the time question this traditional reading. The word she uses in her "bridegroom of blood" statement is CHATAN, and a CHATAN is indeed a "bridegroom", just as it is a "father-in-law". Gesenius has a detailed explanation of the etymology, referencing Psalm 19:6 and Isaiah 62:5 for the "bridegroom", but he also references Genesis 17:10 and 13 for the circumcision (though that text does not use the word CHATAN in any form), and concludes that the root was originally about the circumcision, with the father-in-law serving as Sandak, and from this acquiring the name CHOTEN. He also notes the Biblical expectation that the Sandak-Choten will provide the celebratory feast afterwards, which may lead to the speculation that Gershom was circumcised before Tsiporah went home, but Eli-Ezer has been brought now for this purpose, and that this is what they are eating in this verse.

And if the circumcision of Eli-Ezer is the reason for Yitro coming, can we conclude that Tsiporah was sent home because she was pregnant, and not because of any dispute over the circumcision; now the baby is born, and... in chapter 4 she conducted the bris herself; I wonder if she will do the same again now? Alas, we are not told... but this explanation would also help us with verse 4, where Eli-Ezer is mentioned for the first time, including the explanation of his name - something we only usually encounter in the Tanach at the time of the birth.

18:13 VA YEHI MI MACHARAT VA YESHEV MOSHEH LISHPOT ET HA AM VA YA'AMOD HA AM AL MOSHEH MIN HA BOKER AD HA AREV

וַיְהִי מִמָּחֳרָת וַיֵּשֶׁב מֹשֶׁה לִשְׁפֹּט אֶת הָעָם וַיַּעֲמֹד הָעָם עַל מֹשֶׁה מִן הַבֹּקֶר עַד הָעָרֶב

KJ: And it came to pass on the morrow, that Moses sat to judge the people: and the people stood by Moses from the morning unto the evening.

BN: And it happened, the following day, that Mosheh sat as judge for the people; and the people stood around Mosheh from morning till evening.

LISHPOT: Is he "judging" them, or is he "serving as judge" in their personal disputes? The latter, surely.

18:14 VA YAR CHOTEN MOSHEH ET KOL ASHER HU OSEH LA AM VA YOMER MAH HA DAVAR HA ZEH ASHER ATAH OSEH LA AM MADU'A ATAH YOSHEV LEVADECHA VE CHOL HA AM NITSAV ALEYCHA MIN BOKER AD AREV

וַיַּרְא חֹתֵן מֹשֶׁה אֵת כָּל אֲשֶׁר הוּא עֹשֶׂה לָעָם וַיֹּאמֶר מָה הַדָּבָר הַזֶּה אֲשֶׁר אַתָּה עֹשֶׂה לָעָם מַדּוּעַ אַתָּה יוֹשֵׁב לְבַדֶּךָ וְכָל הָעָם נִצָּב עָלֶיךָ מִן בֹּקֶר עַד עָרֶב

KJ: And when Moses' father in law saw all that he did to the people, he said, What is this thing that thou doest to the people? why sittest thou thyself alone, and all the people stand by thee from morning unto even?

BN: And when Mosheh's father-in-law just how much he was doing for the people, he said: "What on Earth are you doing to the people? Why are you sitting all on your own, and all the people stand around you from morning until evening?"

The world's first "Idiot's Guide to Successful Management". Lesson One: Delegation.... and yet there are the ZIKNEY YISRA-EL that we read about just two verses ago; what on Earth are they doing, or apparently not doing?

18:15 VA YOMER MOSHEH LE CHOTNO KI YAVO ELAI HA AM LIDROSH ELOHIM

וַיֹּאמֶר מֹשֶׁה לְחֹתְנוֹ כִּי יָבֹא אֵלַי הָעָם לִדְרֹשׁ אֱלֹהִים

KJ: And Moses said unto his father in law, Because the people come unto me to enquire of God:

BN: And Mosheh said to his father-in-law: "But the people come to me to inquire of Elohim...

Elohim on this occasion, not YHVH. The phrasing makes it sound like they're coming to him as a Rabbi, for theological instruction, but the next verse clarifies this. The only thing they want to know about Elohim is: what has he written about me in the Book of Life? In other words, does he support my case, or is he going to favour my opponent?

18:16 KI YIHEYEH LAHEM DAVAR BA ELAI VE SHAPHATETI BEYN ISH U VEYN RE'EHU VE HODA'TI ET CHUKEY HA ELOHIM VE ET TOROTAV

כִּי יִהְיֶה לָהֶם דָּבָר בָּא אֵלַי וְשָׁפַטְתִּי בֵּין אִישׁ וּבֵין רֵעֵהוּ וְהוֹדַעְתִּי אֶת חֻקֵּי הָאֱלֹהִים וְאֶת תּוֹרֹתָיו

KJ: When they have a matter, they come unto me; and I judge between one and another, and I do make them know the statutes of God, and his laws.

BN: "When they have an issue, they come to me with it; and I judge between a man and his neighbour, and I teach them the statutes of Elohim, and his laws."

Depending on how we choose to read this (given that we are in a different version now), this could mean that Mosheh is applying the Egyptian laws that existed before Sinai, or that he is applying the laws of YHVH-Elohim that pre-existed before Sinai (or if you are orthodox, he had been told in advance by YHVH what the laws of Sinai were going to be and was applying them forward-actively). Given the complaint of YHVH a few verses back, that the Beney Yisra-El were not keeping his commandments properly, we can surely read this as further evidence that the laws did indeed pre-exist Sinai and that Sinai was a renewal ceremony rather than an inauguration.

18:17 VA YOMER CHOTEN MOSHEH ELAV LO TOV HA DAVAR ASHER ATAH OSEH

וַיֹּאמֶר חֹתֵן מֹשֶׁה אֵלָיו לֹא טוֹב הַדָּבָר אֲשֶׁר אַתָּה עֹשֶׂה

KJ: And Moses' father in law said unto him, The thing that thou doest is not good.

BN: And Mosheh's father-in-law said to him: "This is not a good thing that you are doing...

With this verse alone, a full dissertation on the transition from dictatorship to democracy could be written. Though this is not why Yitro is saying it.

But also note: Mosheh is doing what he does because YHVH has instructed him to do so, so any criticism of Mosheh is a criticism of YHVH; and the totalitarian methodology is precisely the one that YHVH will insist on, and eventually achieve, when he finally becomes the Omnideity.

18:18 NAVOL TIBOL GAM ATAH GAM HA AM HA ZEH ASHER IMACH KI CHAVED MIMCHA HA DAVAR LO TUCHAL ASOHU LEVADCHA

נָבֹל תִּבֹּל גַּם אַתָּה גַּם הָעָם הַזֶּה אֲשֶׁר עִמָּךְ כִּי כָבֵד מִמְּךָ הַדָּבָר לֹא תוּכַל עֲשֹׂהוּ לְבַדֶּךָ

KJ: Thou wilt surely wear away, both thou, and this people that is with thee: for this thing is too heavy for thee; thou art not able to perform it thyself alone.

BN: "You are going to wear yourself out, and you are going to wear out this people that is with you. Doing this is too much for you. You can't do it on you own...

NAVOL TIBOL: English simply can't do the poetry of this.

18:19 ATAH SHEMA BE KOLI IY'ATSCHA VIY'HI ELOHIM IMACH HEYEH ATAH LA AM MUL HA ELOHIM VE HEVE'TA ATAH ET HA DEVARIM EL HA ELOHIM

עַתָּה שְׁמַע בְּקֹלִי אִיעָצְךָ וִיהִי אֱלֹהִים עִמָּךְ הֱיֵה אַתָּה לָעָם מוּל הָאֱלֹהִים וְהֵבֵאתָ אַתָּה אֶת הַדְּבָרִים אֶל הָאֱלֹהִים

KJ: Hearken now unto my voice, I will give thee counsel, and God shall be with thee: Be thou for the people to God-ward, that thou mayest bring the causes unto God:

BN: "Now listen to me. I am going to give you some advice, and may Elohim be with you. You need to be voice of the people before Ha Elohim, and you bring the causes to Ha Elohim...

Being a priest, this would be his solution. You cannot judge them, and not really because you will be worn out by it, and the people too, from waiting their turn; you cannot judge them, because you are not a god; but you can be their priest, and bring their issues to god. At one level, this is the inception of the rabbinic court, the Sanhedrin in Yeru-Shala'im, the Beit Din everywhere else, and no doubt there was a political agenda behind the inclusion of these lines: the priestly redactors suggesting to whoever was ruling at the time, you handle the economy and the military and we'll worry about the rest; or better, as the next verse will tell us, let our god be the legislature, you the executive, and the priests the judiciary. The structure of a perfect theocracy!

18:20 VE HIZHARTAH ET'HEM ET HA CHUKIM VE ET HA TOROT VE HODA'TA LAHEM ET HA DERECH YELCHU VAH, VE ET HA MA'ASEH ASHER YA'ASUN

וְהִזְהַרְתָּה אֶתְהֶם אֶת הַחֻקִּים וְאֶת הַתּוֹרֹת וְהוֹדַעְתָּ לָהֶם אֶת הַדֶּרֶךְ יֵלְכוּ בָהּ וְאֶת הַמַּעֲשֶׂה אֲשֶׁר יַעֲשׂוּן

KJ: And thou shalt teach them ordinances and laws, and shalt shew them the way wherein they must walk, and the work that they must do.

BN: "And you will teach them the statutes and the laws, and show them the way that they must walk, and the work that they must do...

Preparing us for the giving of the law on Mount Sinai. But plainly, plainly, Mosheh already knows the laws. CHUKIM and TOROT, in Mosheh's possession, now. It is also significant that the giving of the law turns out not to be an act of god at all, but a piece of wise counsel by Yitro, in consequence of which Mosheh will go up to the mountain shrine, to think, perhaps to gain more advice from the priests who live up there (perhaps, because some shrines would have had resident priests, others not; a desert shrine, and especially a mountain shrine in the desert, may well not have had anybody but the bo'ab), and write them down with his own hand, or carve them on stone in Egyptian hieroglyphs anyway. Or simply retrieve them from where they have been kept safe during the century and a half of Hyksos rule.

At the same time, if we take the text at face-value, then we can state that Mosheh went up Mount Sinai to obtain the law, not to receive it, that it was his request of the deity, not the deity's gift to him; and that we should really call these the Yitroic Laws, not the Mosaic Laws, because it was on Yitro's advice that he understood the need for them.

18:21 VE ATAH TECHEZEH MI KOL HA AM ANSHEY CHAYIL YIR'EY ELOHIM ANSHEY EMET SON'EY BATSA VE SAMTA AL'EHEM SAREY ALAPHIM SAREY ME'OT SAREY CHAMISHIM VE SAREY ASAROT

וְאַתָּה תֶחֱזֶה מִכָּל הָעָם אַנְשֵׁי חַיִל יִרְאֵי אֱלֹהִים אַנְשֵׁי אֱמֶת שֹׂנְאֵי בָצַע וְשַׂמְתָּ עֲלֵהֶם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת

KJ: Moreover thou shalt provide out of all the people able men, such as fear God, men of truth, hating covetousness; and place such over them, to be rulers of thousands, andrulers of hundreds, rulers of fifties, and rulers of tens:

BN: "What's more, you need to provide from among all the people able men, such as fear Elohim; men of truth, who hate unjust gain; and place such people over them, to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens...

And this too, the tribal and the military structure that will shortly come into being, not ordained by any god, but on the advice of a Midyanite priest - though we have seen the CHAMUSHIM (fifties) previously, and a hint of the SHELASHIM (thirties) as well - Exodus 13:8, 14:7 et al. And of course it may not have happened that way, but it gives exalted status to the Midyanites, who were never a tribe of Yisra-El, to be able to claim that they were the in-laws of Mosheh, that their ancestor established the political and military structure, and that Mosheh might never have gone up the mountain to bring down the law, had it not been for Yitro. Now tell the Midyanites that they are Necher, Goy and Ger, foreigners, and don't count as full members of Yisra-El! While some nations are mentioned in the laws as explicitly denied citizenship forever (Deuteronomy 23:1 lists them, including, for example, that "an Ammonite or a Mo-Avi shall not enter into the assembly of YHVH; even to the tenth generation shall none of them enter into the assembly of YHVH for ever"); and while Edomites and Mitsrim (Egyptians) have to wait three generations, though the Beney Yisra-El are instructed not to hate them in the meanwhile (Deuteronomy 23:8); and while "the seven Kena'ani nations" (Deuteronomy 7:2 and 20:16) are either to be enslaved or placed on the Nichretah List from the outset (Deuteronomy 20:17 states that "you shall utterly destroy them", naming explicitly the Beney Chet, Emorim, Kena'anim, Perizim, Beney Chavah, and Yevusim), only the Pelishtim (Philistines) and the Midyanites fail to get any mention at all, positive or negative, in the 613 commandments; the Pelishtim probably because, despite occasional anachronistic textual references, there were none in Kena'an until well after Mosheh's time; and the Midyanites because, to put it Yiddishly, as per this chapter and especially this verse, they were mishpuchah, mechuten, the in-laws.

18:22 VE SHAPHTU ET HA AM BE CHOL ET VE HAYAH KOL HA DAVAR HA GADOL YAVI'U ELEYCHA VE CHOL HA DAVAR HA KATAN YISHPETU HEM VE HAKEL ME ALEYCHA VA NAS'U ITACH

וְשָׁפְטוּ אֶת הָעָם בְּכָל עֵת וְהָיָה כָּל הַדָּבָר הַגָּדֹל יָבִיאוּ אֵלֶיךָ וְכָל הַדָּבָר הַקָּטֹן יִשְׁפְּטוּ הֵם וְהָקֵל מֵעָלֶיךָ וְנָשְׂאוּ אִתָּךְ

KJ: And let them judge the people at all seasons: and it shall be, that every great matter they shall bring unto thee, but every small matter they shall judge: so shall it be easier for thyself, and they shall bear the burden with thee.

BN: "And let them judge the people at all seasons; and it shall be that every great matter they shall bring to you, but every small matter they shall judge themselves; so shall they make it easier for you and bear the burden with you...

A Supreme Court and a General Assizes. What is disturbing about this is that, acclaimed as he is for his amazing leadership skills, Mosheh never thought of this himself, and neither did YHVH think to suggest it.

18:23 IM ET HA DAVAR HA ZEH TA'ASEH VE TSIVCHA ELOHIM VE YACHALTA AMOD VE GAM KOL HA AM HA ZEH AL MEKOMO YAVO VE SHALOM

אִם אֶת הַדָּבָר הַזֶּה תַּעֲשֶׂה וְצִוְּךָ אֱלֹהִים וְיָכָלְתָּ עֲמֹד וְגַם כָּל הָעָם הַזֶּה עַל מְקֹמוֹ יָבֹא בְשָׁלוֹם

KJ: If thou shalt do this thing, and God command thee so, then thou shalt be able to endure, and all this people shall also go to their place in peace.

BN: "If you will do this thing, and Elohim shall so command you, then you will be able to endure, and all this people too will go to their place in peace."

The decision nonetheless requires divine sanction; a statement which helps us understand exactly what will take place shortly on the mountain - and may, in addition, serve as a better explanation of the processes of "divine intervention" that we witness throughout the text. YHVH does not give the laws at all (Elohim here); Mosheh constructs them, from past laws and probably some new ideas of his own (or even more likely, because he appears to be generally devoid of any ideas at all, suggestions made to him by Yitro which he wisely adopted), and goes up the mountain to obtain divine approval.

18:24 VA YISHMA MOSHEH LE KOL CHOTNO VA YA'AS KOL ASHER AMAR

וַיִּשְׁמַע מֹשֶׁה לְקוֹל חֹתְנוֹ וַיַּעַשׂ כֹּל אֲשֶׁר אָמָר

KJ: So Moses hearkened to the voice of his father in law, and did all that he had said.

BN: So Mosheh hearkened to the voice of his father-in-law, and did all that he had said.

And fortunate for him that neither YHVH nor Elohim disapporved, or he might have been accused, so to speak, of striking the rock at Merivah, and banished from immortality and Kena'an as a punishment.

18:25 VA YIVCHAR MOSHEH ANSHEY CHAYIL MI KOL YISRA-EL VA YITEN OTAM RASHIM AL HA AM SAREY ALAPHIM SAREY ME'OT SAREY CHAMISHIM VE SAREY ASAROT

וַיִּבְחַר מֹשֶׁה אַנְשֵׁי חַיִל מִכָּל יִשְׂרָאֵל וַיִּתֵּן אֹתָם רָאשִׁים עַל הָעָם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת

KJ: 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.

BN: And Mosheh chose able men out of all Yisra-El, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens.

Now go back to the earlier reference to CHAMUSHIM, where it was not clear what exactly they were, and we have our answer here; but we can also say that they were an anachronism there, because it is only now, at Yitro's instigation, that the roles are created. It also helps us with the word CHAYIL (see my notes at Exodus 15:14) which is usually understood to mean "soldiers", as it still does today: but this verse suggests that the word had a broader meaning that impacted the civil as well as the military organisation at that time.

18:26 VE SHAPHTU ET HA AM BE CHOL ET ET HA DAVAR HA KASHEH YEVIY'UN EL MOSHEH VE CHOL HA DAVAR HA KATAN YISHPUTU HEM

וְשָׁפְטוּ אֶת הָעָם בְּכָל עֵת אֶת הַדָּבָר הַקָּשֶׁה יְבִיאוּן אֶל מֹשֶׁה וְכָל הַדָּבָר הַקָּטֹן יִשְׁפּוּטוּ הֵם

KJ: And they judged the people at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves.

BN: And they served as judges for the people at all seasons: the hard causes they brought to Mosheh, but every small matter they pronounced judgement upon themselves.

And again: all this is happening before the giving of the Law, not after it. It might seem strange to establish a judicial process, and populate it, if there are not yet any laws to enforce. Somewhat cart-before-horse. Or donkey, in those days. But actually no, you build the school and then you hire the teachers, not the other way around.

The text here uses SHOPHET throughout for "judge", rather than DAYAN, which is connected to the root DAN and the tribe that bears that name. The two terms are complex, both having Prophetic, as well as judicial, as well as Rabbinic connotations, and frankly I lack the expertise to explain why this one or that one in any circumstance; they appear to have been almost interchangeable, and yet sometimes they are also very different. I do not, for example, have any sense of Gid'on or Devorah or Shimshon, or any of the other "Judges" from the book of that name - Shophtim (שׁוֹפְטִים) in Yehudit - putting on a white wig and a B.A. gown, and hammering their gavels for order in the court; but with Shemu-El, I most definitely do. And when Rebbe Moshe-Mendl of Kocke says "eyn din ve eyn dayan - there is no judge and there is no justice", he is not complaining that he found the Old Bailey unattended, nor is he expecting YHVH to deliver him an oracle through the skull of Yorick, while seated under a terebinth oak.

18:27 VA YESHALACH MOSHEH ET CHOTNO VA YELECH LO EL ARTSO

וַיְשַׁלַּח מֹשֶׁה אֶת חֹתְנוֹ וַיֵּלֶךְ לוֹ אֶל אַרְצוֹ

KJ: And Moses let his father in law depart; and he went his way into his own land.

BN: And Mosheh let his father-in-law depart; and he went his way into his own land.

VA YESHALACH: Curious translation. If SHALACH here means "let him depart", then we have to look back at the multiple refusals of Pharaoh, where the same word was used. BUT...the Yehudit without "pointing" could as well read VA YISHLACH, "and he sent him away", suggesting simply that Yitro had paid his visit, given wise counsel, been thanked by Mosheh, changed history, and been dispatched home again - exactly as with Tsiporah previously. The phrasing of the second half of the verse is cordial enough to make this a more likely reading.

EL ARTSO: Does infer that he has come out of Midyan to meet Mosheh and the people, so they have not yet reached Mount Chorev, if Chorev is indeed in Midyan, as my earlier commentaries suggest.

And does he go home with or without his wife and sons? We are not told. It is, nonetheless, a point of some interest, and not only because we began this chapter with confusion over the issue. More interesting... a) if Tsiporah goes back with her dad, and her sons, then do we regard this as Mosheh sparing his own family the rigours of the forty-year journey through the wilderness of constant famine, constant drought and assaults by Amalekites and others, allowing them instead a relatively luxurious lifestyle in the peace and comfort of the home of the Chief Priest of Midyan - how nice for some! ... but on the other hand, b) should we praise Mosheh for not taking the opportunity to build a dynasty by training his boys to succeed him, sending them away instead, establishing the tribal structure, the justice system described above, and only keeping the priesthood in the family (but even there, not his own sons)?

pey break

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