Chapter 6

The people were very eager to carry this plan of Moses into execution, and requested him to settle the matter as quickly as possible. But their motive was self-interested, for every one among them said: "Moses will now appoint about eighty thousand officials. If I myself should not be among them, surely my son will be, and if not he, my grandson, and with a gift of some kind it will be an easy matter to induce such a judge to look after my interests at court." Moses, of course, was not deceived about their true sentiments; still, he paid no further attention to them, and picked out the best men among the people, though they were not possessed of nearly all the good qualities Jethro had thought essential for judges and leaders of people. With kindly words he invited them to assume their offices, and said: "Blessed are ye that are judged worthy of being leader of the children of Abraham, Isaac, and Jacob, of a people whom God called His friends, His brothers, His flock, and other titles of love." He impressed upon them that they must possess much patience, and must not become impatient if a lawsuit is brought before them more than once. "Heretofore," he said, "you belonged to yourselves, but from now you belong to the people; for you judge between every man, and his brother and his neighbor. If ye are to appoint judges, do so without respect of persons. Do not say 'I will appoint that man because he is a handsome man or a strong man, because he is my kinsman, or because he is a linguist.' Such judges will declare the innocent guilty and the guilty innocent, not through wickedness, but through ignorance; and God will reckon the appointment of such judges against you, as a perversion of justice, on account of your respect of persons. If a wealthy man and a poor man come before you to court, do not say: 'Why should I insult the rich man for so small a matter? I will rather give judgement in his favor, and then, outside the court, tell him to give the poor man what he demands, as he is in the right.' But do not, on the other hand, if the poor man is in the wrong, say: 'The rich man is obliged to assist the poor anyhow, I will now decide in favor of the poor, that in a decent way he may, without begging, obtain money from his rich fellow-man.' Do not, moreover, say: 'I fear to pronounce judgement, lest that man kill my son, burn my barn, or destroy my plants,' for the judgement is God's."

After these admonitions, Moses instructed the new judges in legal procedure, in both civil and criminal cases, and at the same time urged the people no to deny the judges the veneration due him. [164] For great is the importance of justice. For him who hates it, there is no remedy; but the judge who decides conscientiously is the true peacemaker, for the weal of Israel, of the commonwealth, and indeed of all living creatures. [165]

JETHRO REWARDED

Although the installation of elders on Moses' part came to pass in accordance with the command of God, still it was Jethro upon whose advice Moses besought God to lighten his burden, and to permit him partly to transfer the leadership of the people to others. [166] Hence he did not conceal the name of the adviser, but announced it to all the people, and immortalized him as such in the Holy Scriptures; for he deemed it praiseworthy to appreciate duly the merits of others. [167] It had, however, been part of God's scheme to reward Jethro for the love he bore the Torah; and for this reason did He allow it to come to pass that Moses had to have his attention called to the plan of installing the elders through his father-in-law, that the Holy Scriptures might devote a whole chapter to the plan of Jethro. [168]

This, however, is not the only reward for Jethro's piety, who, in his love for the Torah, excelled all proselytes. A miracle occurred on the very first day of his arrival in camp for manna in his honor descended at the noon hour, the hour of his arrival; and, moreover, in as great quantities as was wont to rain down for sixty myriads of Israelites. He did not have to exert himself to gather the food, for it came over his body, so all he had to do was to carry his hand to his mouth to partake of it. [169] Jethro, nevertheless, did not remain with Moses, but returned to his native land. Moses, of course, tried to persuade his father-in-law to stay. He said to him: "Do not think that we shall continue to move thus slowly through the desert, nay, we shall now move directly to the promised land." Only to urge Jethro to stay longer with them did Moses use the words "we move," so that his father-in-law might believe that Moses too would enter the promised land, for otherwise he would hardly have allowed himself to be persuaded to join the march to Palestine. Moses continued: "I do not want to mislead thee, hence I will tell thee that the land will be divided only among the twelve tribes, and that thou has no claim to possession of lands; but God bade us be kind to the proselytes, and to thee we shall be kinder than to all other proselytes." Jethro, however, was not to be persuaded by his son-in-law, considering himself in duty bound to return to his native land. For the inhabitants of his city had for many years made a habit of having him store their valuable, as none possessed their confidence in such a measure as he. If he had stayed still longer with Moses, people would have declared that he had absconded with all these things and fled to Moses to share it with him, and that would have been a blot on his fair name and that of Moses. Jethro had furthermore made many debts during the year in which he came to Moses, for, owing to the hail God had sent upon Egypt before the exodus of Israel, a great famine had arisen in Jethro's home too, and he had found himself obliged to lend money for the support of the poor. If he were not now to return to his home, people would say that he had run away in order to evade his creditors, and such talk concerning a man of piety would have been desecration of the Divine Name. So he said to Moses: "There are people who have a fatherland, but no property there; there are also property-holders who have no family; but I have a fatherland, and have property there as well as a family; hence I desire to return to my fatherland, my property, and my family." But Moses would not yield so soon, and said to his father-in-law: "If thou dost not accompany us as a favor, I will command thee to do so, that the Israelites might not say thou hadst been converted to our religion only in the expectation of receiving a share in the promised land, but hadst returned to thy home when thou didst discover that proselytes have no claim on property in the Holy Land. Through thy refusal to move with us, thou wilt give the heathens an opportunity to say that the Jews do not accept proselytes, since they did not accept even their own king's father-in-law, but allowed him to return to his own land. Thy refusal will injure the glory of God, for the heathens will keep away from the true faith. But if thou wilt wander with us, I assure thee that they seed shall share with us the Temple, the Torah, and the future reward of the pious. How canst thou, moreover, who hast seen all the miracles of God wrought for us during the march through the desert; who wert a witness of the way in which even the Egyptians became fond of us - how canst thou now depart from us? It is a sufficient motive for thee to remain with us, in order to officiate as a member of the Sanhedrin, and teach the Torah. We, on our part, want to retain thee, only that thou mightest in difficult cases enlighten our eyes; for thou wert the man who gave us good and fair counsel, to which God Himself could not refuse His assent." Jethro replied: "A candle may glow in the dark, but not when the sun and the moon; of what avail would my candle-light be? I had, therefore, better return to my home city that I may make proselytes of its inhabitants, instruct them in the Torah, and lead them under the wings of the Shekinah." Amid great marks of honor, and provided with rich gifts, Jethro returned to his home, where he converted his kinsmen and his compatriots to the belief in the true God, as he had intended. [170]

The descendants of Jethro later settled in Palestine, where the fruitful land of Jericho was allotted to them as a dwelling place. After the capture of Palestine, the tribes, by mutual consent, agreed that the fertile strip of land at Jericho should fall to the share of the tribe on whose land the Temple was to be erected. But when its erection was postponed for a long time, they agreed to allot this piece of land to Jethro's sons, because they, being proselytes, had no other possession in the Holy Land. Four hundred and eighty years did the descendants of Jethro dwell in Jericho, when, upon the erection of the Temple at Jerusalem, they relinquished it to the tribe of Judah, who claimed it as an indemnity for the site of the Temple. [171]

Jethro's descendants inherited his devotion to the Torah, like him dedicating their lives entirely to its study. So long as Joshua lived, they sat at this master's feet, but when he died, they said: "We left our fatherland and came here only for the sake of studying the Torah; if we were now to spend our time in cultivating the soil, when should we study the Torah?" They therefore gave up their dwelling-place in Jericho, and moved to the cold barren wilderness, to Jabez, who there had his house of instruction. But when they there beheld the priests, the Levites, and the noblest of the Jews, they said, "How can we, proselytes, presume to sit beside these?" Instead of sitting within the house of instruction, they remained at the entrance of it, where they listened to the lectures, and in this manner made further progress in the study of the Torah. [172] They were rewarded for their piety, their prayer was heard by God, and their good deeds served as a protection to Israel; and on account of their pious actions they were called "the families of the scribes," the Tirathites, the Shimeathites, and the Suchathites, names designating their piety and devotion to the Torah.

One of the descendants of Jethro was Jonadab, son of Rechab, who, when he heard from a prophet that God would destroy the Temple, bade all his children, as a toke of mourning, to drink no wine, use no oil for anointing themselves, nor cut their hair, nor dwell in houses. The Rechabites obeyed this command of their sire, and as a reward for this, God made a covenant with them that their descendants should always be members of the Sanhedrin, and teachers of Israel. The covenant with the Rechabites was even stronger than that with David, for to the house of the latter God promised to keep the covenant only if his descendants were pious, but He made an unconditional covenant with the Rechabites. God rewarded them for their devotion to Him in this way, although they did not belong to the Jewish nation. From this one can gather how great would have been their reward if they had been Israelites. [173]

THE TIME IS AT HAND

Moses sent his father-in-law Jethro back to his home, shortly before the revelation on Mount Sinai. He thought: "When God gave us a single commandment of the Torah in Egypt, the Passover, He said, 'There shall no stranger eat thereof.' Surely Jethro may not look on when God bestows on us the whole Torah." Moses was right: God did not want Jethro to be present at the revelation. He said: "Israel was in Egypt, bound to work with clay and bricks, at the same time as Jethro was sitting at home in peace and quiet. He who suffers with the community shall share their future joys, but he who does not share the sufferings of the community shall not take part in their rejoicing." [174]

God had not only good cause to delay the giving of the Torah until after the departure of Jethro, but the time He chose to bestowing it was also chosen for a good reason. Just as a female proselyte, or a woman freed from captivity, or an emancipated slave, may not enter wedlock before she has for three months lived as a free Jewess, so God also waited three months after the deliverance of Israel from the bondage and the slavery of Egypt, before His union with Israel on Mount Sinai. [175] God furthermore treated His bride as did that king who went to the marriage ceremony only after he had overwhelmed his chosen bride with many gifts. So did Israel first receive manna, the well, and the quails, and not till then was the Torah granted them. Moses, who had received this promise when God had first appeared to him, viz., "When thou has brought forth the people out of Egypt, ye shall serve God upon this mountain" - waited most longingly for the promised time, saying, "When will this time come to pass?" When the time drew near, God said to Moses, "The time is at hand when I shall bring about something entirely new."

This new miracle of which God spoke was the healing of all the sick among the Jews. God had wanted to give the Torah to the Jews immediately after the exodus from Egypt, but among them were found many that were lame, halt, or deaf; wherefore God said: "The Torah is without a blemish, hence would I not bestow it on a nation that has in it such as are burdened with defects. Nor do I want to wait until their children shall have grown to manhood, for I do not desire any longer to delay the delight of the Torah." For these reasons nothing was left Him to do, but to heal those afflicted with disease. In the time between the exodus from Egypt and the revelation on Mount Sinai, all the blind among the Israelites regained their sight, all the halt became whole, so that the Torah might be given to a sound and healthy people. God wrought for that generation the same miracle which He will hereafter bring about in the future world, when "the eyes of the blind shall be opened, the ears of the deaf shall be unstopped, the lame man leap as an hart, and the tongues of the dumb sing." [176] Not only physically was this generation free from blemishes, but spiritually, too, it stood on a high plane, and it was the combined merits of such a people that made them worthy of their high calling. Never before or after lived a generation as worthy as this of receiving the Torah. Had there been but one missing, God would not have given them the Torah: "for He layeth up wisdom for the righteous; He is a buckler to them that walk uprightly." [177]

For one other reason did God delay the revelation of the Torah. He had intended giving them the Torah immediately after their exodus from Egypt, but at the beginning of the march through the desert, great discord reigned among them. Nor was harmony established until the new moon of the third month, when they arrived at Mount Sinai; whereupon God said: "The ways of the Torah are ways of loveliness, and all its paths are paths of peace; I will yield the Torah to a nation that dwells in peace and amity." [178] This decision of God, now to give them the Torah, also shows how mighty is the influence of penance. For they had been sinful upon their arrival at Mount Sinai, continuing to tempt God and doubting His omnipotence. After a short time, however, they changed in spirit; and hardly had they reformed, when God found them worthy of revealing to them the Torah.

The third month was chosen for the revelation, because everything that is closely connected with the Torah and with Israel is triple in number. The Torah consists of three parts, the Pentateuch, the Prophets, and the Hagiographa; similarly the oral law consists of Midrash, Halakah, and Haggadah. The communications between God and Israel were carried on by three, Moses, Aaron, and Miriam. Israel also is divided into three divisions, priests, Levites, and laymen; and they are, furthermore, the descendants of the three Patriarchs, Abraham, Isaac, and Jacob. For God has a preference for "the third": It was the third of Adam's sons, Seth, who became the ancestor of humanity, and so too it was the third among Noah's sons, Shem, who attained high station. Among the Jewish kings, too, it was the third, Solomon, whom God distinguished before all others. The number three plays a particularly important part in the life of Moses. He belonged to the tribe of Levi, which is not only the third of the tribes, but has a name consisting of three letters. He himself was the third of the children of the family; his own name consists of three letters; in his infancy he had been concealed by his mother throughout three months; and in the third month of the year, after a preparation of three days, did he receive the Torah on a mountain, the name of which consists of three letters. [179]

THE GENTILES REFUSE THE TORAH

The mountain on which God made his revelation bears six names: It is called the Desert Sin, because God there announced His commandments; it is called the Desert Kadesh, because Israel was sanctified there; the Desert Kadmut because the pre-existing Torah was there revealed; the Desert Paran because Israel there was greatly multiplied; the Desert Sinai because the hatred of God against the heathens began there, for the reason that they would not accept the Torah; and for this same reason is it called Horeh, because the annihilation of the heathens was there decreed by God. [180] For the wrath of God against the heathens dates from their refusal to accept the Torah offered them.

Before God gave Israel the Torah, He approached every tribe and nation, and offered them the Torah, that hereafter they might have no excuse to say, "Had the Holy one, blessed be He, desired to give us the Torah, we should have accepted it." He went to the children of Esau and said, "Will ye accept the Torah?" They answered Him, saying, "What is written therein?" He answered them, "Thou shalt not kill." Then they all said: "Wilt Thou perchance take from us the blessing with which our father Esau was blessed? For he was blessed with the words, 'By thy sword shalt thou live." We do not want to accept the Torah." Thereupon He went to the children of Lot and said to them, "Will ye accept the Torah?" They said, "What is written therein?" He answered, "Thou shalt not commit unchastity." They said: "From unchastity do we spring; we do no want to accept the Torah." Then He went to the children of Ishmael and said to them, "Do ye want to accept the Torah?" They said to Him, "What is written therein?" He answered, "Thou shalt not steal." They said: "Wilt Thou take from us the blessing with which our father was blessed? God promised him: 'His hand will be against every man.' We do not want to accept the Thy Torah." Thence He went to all the other nations, who likewise rejected the Torah, saying: "We cannot give up the law of our fathers, we do not want Thy Torah, give it to Thy people Israel." Upon this He came to Israel and spoke to them, "Will ye accept the Torah?" They said to Him, "What is written therein?" He answered, "Six hundred and thirteen commandments." They said: "All that the Lord has spoken will we do and be obedient." [181] "O Lord of the world!" they continued, "We acted in accordance with Thy commandments before they were revealed to us. Jacob fulfilled the first of the Ten Commandments by bidding his sons put away strange gods that were among them. Abraham obeyed the commandment not to take the name of the Lord in vain, for he said: 'I have lifted up mine hand unto the Lord, the most high God.' Joseph fulfilled the commandment to remember the Sabbath and keep it holy; and when his brothers came to him, he had everything for their welcome prepared on Friday. Isaac observed the law to honor his father and his mother, when he allowed Abraham to bind him on the altar as a sacrifice. Judah observed the commandment not to kill when he said to his brothers, 'What profit is it if we slay our brother and conceal his blood?' Joseph observed the law: 'Thou shalt not commit adultery,' when he repulsed the desire of the wife of Potiphar. The other sons of Jacob observed the commandment: 'Thou shalt not steal,' saying: 'How then should we steal out of thy lord's house silver and gold?' Abraham observed the commandment: 'Thou shalt not bear false witness,' for he was a true witness, and bore witness before all the world that Thou art the Lord of all creation. It was Abraham, also, who observed the last of the Ten Commandments 'Thou shalt not covet,' saying: 'I will not take from a thread even to a shoe-latchet.'" [182]

THE CONTEST OF THE MOUNTAINS

While the nations and peoples were refusing to accept the Torah, the mountains among themselves were fighting for the honor of being chosen as the spot for the revelation. One said: "Upon me shall the Shekinah of God rest, and mine shall be this glory," whereupon the other mountain replied: "Upon me shall the Shekinah rest, and mine shall be this glory." The mountain of Tabor said to the mountain of Hermon: "Upon me shall the Shekinah rest, mine shall be this glory, for in times of old, when in the days of Noah the flood came over the earth, all the mountains that are under the heavens were covered with water, whereas it did not reach my head, nay, not even my shoulder. All the earth was sunk under water, but I, the highest of the mountains, towered high above the waters, hence I am called upon to bear the Shekinah." Mount Hermon replied to Mount Tabor: "Upon me shall the Shekinah rest, I am the destined one, for when Israel wished to pass through the Red Sea, it was I who enabled them to do so, for I settled down between the two shores of the sea, and they moved from one side to the other, through my aid, so that not even their clothes became wet." Mount Carmel was quite silent, but settled down on the shore of the sea, thinking: "If the Shekinah is to repose on the sea, it will rest upon me, and if it is to repose on the mainland, it will rest upon me." Then a voice out of the high heavens rang out and said: "The Shekinah shall not rest upon these high mountains that are so proud, for it is not God's will that the Shekinah should rest upon high mountains that quarrel among themselves and look upon one another with disdain. He prefers the low mountains, and Sinai among these, because it is the smallest and most insignificant of all. Upon it will He let the Shekinah rest." [183] The other mountains hereupon said to God, "Is it possible that Thou are partial, and wilt give us no reward for our good intention?" God replied: "Because ye have striven in My honor will I reward ye. Upon Tabor will I grant aid to Israel at the time of Deborah, and upon Carmel will I give aid to Elijah." [184]

Mount Sinai was given the preference not for its humility alone, but also because upon it there had been no worshipping of idols; whereas the other mountains, owing to their height, had been employed as sanctuaries by the idolaters. [185] Mount Sinai has a further significance, too, for it had been originally a part of Mount Moriah, on which Isaac was to have been sacrificed; but Sinai separated itself from it, and came to the desert. Then God said: "Because their father Isaac lay upon this mountain, bound as a sacrifice, it is fitting that upon it his children receive the Torah." Hence God now chose this mountain for a brief stay during the revelation, for after the Torah had been bestowed, He withdrew again to heaven. In the future world, Sinai will return to its original place, Mount Moriah, when "the mountain of the Lord's house shall be established in the top of the mountains, and shall be exalted above the hills." [186]