On Its Face, the First Part of Our Parshas Yisro Seems Like a Tale of a Very Pleasant Story

פרשת יתרו On its face, the first part of our Parshas Yisro seems like a tale of a very pleasant story. A family is united as Moshe Rabbenu is again with his wife and sons and his father-in-law. His wife’s family, which was not part of the Israelite community, is drawn into that latter society as they come to a realization that the Nation of Israel is truly G-d’s nation. Furthermore, this outsider-Yisro is fully welcomed into the community without any sense of prejudice or bad feeling. The proof of this unreserved welcome is the fact that Yisro makes a suggestion to Moshe Rabbenu, seemingly revolutionizing the administration of the judicial system, and his suggestion is accepted. Not only is that suggestion accepted, Yisro receives two spectacular awards for his contribution to the welfare of the people. The first award is that he is given an additional name “Ye’ser”. Ye’ser means extra. Whenever we think of Yisro as Ye’ser we are reminded that he had a Parsha i.e. a Halachic section to the Torah. In addition, there is an actual Sidra-weekly reading that bears his name. Only Korach shares that distinction with Yisro but the reasoning for the respective attributions of their names is quite different. However, the above is merely a superficial, non-sophisticated view of the opening P’sukim of Parshas Yisro. In fact, questions abound regarding almost every fact regarding Yisro. First, we are not even sure of what his name(s) really is. Perhaps a name that we thought was his was really that of his father. Rashi (Perek 18/Posuk 1 d.h. Yisro) discusses this. Secondly, the Midrashim (quoted partially by Rashi (ibid. d.h. Vayishma’ Yisro) ask, “Ma sho’mu’a’ sho’ma’ u’vo?” Since the first word of the Parsha is “Va’yishma’ [Yisro]”-and Yisro heard-we want to know what he heard. And the noted Midrash and others tell us what he heard. However, the need for such a Midrashic question is baffling. The P’sukim themselves tell us what he heard. “…kol a’sher o’soh E…lo’kim l’Moshe u’l’Yisroel.” Yisro heard all that Hashem did. What is missing from the P’sukim that the Midrash (and Rashi who cites the Midrash) found itself compelled to be dissatisfied with the verses that seem to express the entire idea. And there are more questions that remain unresolved. When did Yisro come to the encampment of B’nei Yisroel? Was he there prior to Mattan Torah or afterwards. On the one hand Rashi (Posuk 1) implies that Yisro was there prior to Mattan Torah since what he heard was Kri’as Yam Suf and the war against Amalek. The omission of Mattan Torah cannot be overlooked. It would appear that since we are not told that Yisro heard of Mattan Torah that means he came prior to that great event. On the other hand Rashi himself writes that Yisro’ most positive response (“va’yi’chad” –and he was happy-Posuk 9) to the good fortune of Israel was because among the events that he heard was “Torah” (Posuk 9 d.h. al kol ha’tova). That certainly implies that the Torah was already given. [However, an answer could be that Moshe told Yisro regarding the Torah that was given at Marah (Perek 15/Posuk 25 and Rashi).] Did Yisro convert? That is a major question. One seeming proof of his conversion is the korbonos that he offered. The Halacha is that a non- Jew can offer only a Korban ‘Oloh-a burnt offering. A Jew can offer all the sacrifices that there are. When the Torah writes that Yisro brought “o’loh u’z’vo’chim” (Posuk 12) then it certainly seems that he was Jewish. First, z’vochim usually refers to a Korban Shlomim. Even if one would argue that zvochim alone just means slaughtered animals, in this context it would be very difficult to follow that line of reasoning by virtue of the fact that the Posuk already mentions a specific Korbon-‘Oloh. It would thus seem to follow that the zvochim of the Posuk are a different type of sacrifice-off limits for a non-Jew. [However, see Meshech Chochmoh for an explanation of how this [called-for] interpretation of the z’vochim is not inherently at odds with the opinion that Yisro had not [yet] converted.] When we arrive at the section of the judiciary for which Yisro’s contribution is monumental, the introduction to that Parsha is ambiguous. The Posuk writes, “Va’y’hi mi’mo’cho’ros” (Perek 18/Posuk 13). It was on the morrow [that Moshe judged the people and Yisro observed him and made his suggestions]. The day after what? Rashi says it refers to the day after the first Yom HaKippurim when Moshe descended for the third and last time from Har Sinai. Of course, if that is so, then our Parshas Yisro is written out of chronological order since the end of the Parsha deals with Mattan Torah that occurred some 90 days earlier. Ramban gives a different explanation, backing up the opinion that our Parsha has an orderly chronological flow and says the “morrow” refers to Yisro’s arrival among the Israelites. Perhaps, most puzzling though is the central idea of Yisro’s name and his role in the Torah judiciary. Why would it be that Yisro’s plan wasn’t part of the Torah itself, prior to Yisro? How could it be that a foreigner (maybe still a non-Jew) would add a portion to the Torah and get extraordinary credit for it as well? Is this not an embarrassment to the Torah and to Moshe Rabbenu to need “outside help” for the system to run the way it is supposed to run? We will try to gain a perspective on two of the questions (and there are more!). We will try to understand why the Midrash, and Rashi in his quest for p’shat, is not satisfied with the Torah’s description of what Yisro heard and thus had to embellish it with the mesorah of Torah she’b’al Peh. Secondly, we will try to understand why it was correct that Yisro was the one adding a Parsha to the Torah. I believe that were we not so accustomed to knowing about it, if we would learn about that event at a more mature age, being more sophisticated in Torah learning, we would have thought the idea absolutely preposterous. In regard to the question of the need to tell us what Yisro heard-when the verses themselves tell us that, the introduction of Rabbenu Bachye to Parshas Yisro provides us with a wonderful way of looking at this issue. Rabbenu Bachye has a long passage of the positive power of speech. Usually when we speak of L’shon Ho’ra’ we speak of its destructive nature. But Rabbenu Bachye speaks about the healing power of speech and its restorative nature. He points out that medicines can heal by removing the illness; they do not rehabilitate the individual. When we read, “mar’pei lo’shon eitz chaim” (MIshlei Perek 9/Posuk 8), we can consider what it means to say that the tongue is healing? What are the ramifications of the tongue being both “mar’pei”-healing and “eitz chaim”-the tree of life? It seems that the expectation is that there are two stages of health in the life of an ill person. The first stage is marpei-healing. But, the Posuk is not satisfied with that first phase alone. The necessity is for the first phase to lead to the second-Eitz Chaim. Undoubtedly, the Eitz Chaim of this verse means the same as the Eitz Chaim in another verse-famous to each and every one. We read in and earlier Perek in Mishlei (Perek 3/Posuk 8), “Eitz Chaim hi la’ma’cha’zi’kim boh.” The Torah is the tree of life for those who hold onto it. And, of course, there was that first “…v’eitz haChaim b’soch ha’gan” (B’reishis Perek 2/Posuk 9). The Eitz HaChaim was in the midst of Gan Eden. Thus, the tongue can literally make or break someone. [See the far more elaborate explanation that Rabbenu Bachaye gives.] This is the introduction to the unspoken question in Rabbenu Bachaye. It is true that Yisro heard what he heard. But hearing is the acquisition of new information and facts. It doesn’t change the person inherently. Yisro had two stages. First, something drew his interest. That is, one or more of the specific points that were aspects of “kol a’sher o’soh E… lo’kim l’Moshe” (Perek 18/Posuk 10) were meaningful to him. Based on that, Moshe Rabbenu expanded upon the idea in such a way that it would become personal and internalized. Thus, the Torah is giving us a progression of the steps involved going from hearing to focus on that which one hears in a favorable manner and apply it to personal life. The potential for success was that which Yisro heard. But it was potential only. The actuality of the success was when Moshe exercised his marpeh la’shon. When the Midrash wishes to focus on what he heard, it is helping us pinpoint what specific information did Yisro receive that motivated him to come and see for himself what it was all about. Based on that more specific knowledge we can then analyze what was the conversation that Moshe Rabbenu had with Yisro for him to make his proclamation, “A’to yo’da’ti ki go’dol Hashem mi’kol ho’e’lo’him” (Posuk 11). Now I know that Hashem is greater than all the other gods [that is the literal translation of these words and that is how Targum Yonoson renders it as well. However, Targum Onklos renders these words, “Now I know that Hashem is great; there is no other god besides Him”.] It is apparent that though Yisro came to the Israelites, it was not how of [full] conviction. He wanted to be convinced. Moshe Rabbenu convinced him! There are numerous explanations, in particular, discussing the reason why Yisro made a suggestion that should have been taken care of as part of the Mitzvos of the judiciary that were given to Moshe Rabbenu. One suggestion, in particular consonance with the opinion that the suggestion was made prior to Mattan Torah is that Yisro misread the situation. He saw Moshe judging alone and assumed that was the intent of Moshe to continue forever. He alone would be the judge. That offended Yisro’s sense of proper administration and thus he made the suggestion that he made. However, Yisro was in error. Moshe was judging alone at that time because only he had a clear view of the Torah’s perspective on justice. If he would have shared his judiciary duties with others, even the greatest among them, the justice that they would mete out would be based on their personal judgment-not on Hashem’s judgment. Thus, for the time being, Moshe was the only one qualified to be a judge and judge cases la’a’mi’to shel Torah-in an unadulterated Torah framework. He could njot share it with others. Moshe planned, though, that when Torah would be given, to appoint numerous other judges to share the task with him. Yisro did not have Moshe’s perspective and thought he was observing a pattern that was final. He did not know that it was only temporary. According to this explanation, though, it is difficult to understand why Yisro received all of the credit. He can be recognized because he thought of the solution as well as Moshe Rabbenu (and Hashem)-but why is he given credit as being the innovator of this system? This takes us back to the unique modesty and humility of Moshe Rabbenu. Yisro said the idea; Moshe did not point out that the thought was already his. Thus, Yisro received credit for an idea that he shared but was not its original conceiver. Thus, we have here an early sense of the unique humility of Moshe Rabbenu. It is given long before that statement is said in its narrative rendition at the end of Parshas B’haalosecha. Other explanations (see Tzror HaMor) say that Moshe Rabbenu benefited from the fact that Yisro came up with his brilliant idea. Moshe Rabbenu’s prestige was raised considerably among B’nei Yisroel when they saw that he married into a brilliant family. Not only was Moshe exceptional-so was his new family. The level of respect that was granted to him was bound to rise after such prestige was attributed to his father- in-law. Another explanation that is found in the Tzror HaMor as well as in Sifsei Kohen analyzes the events and leads us to the conclusion that the suggestion offered by Yisro was not unique. Everyone, including Moshe Rabbenu, was able to see the problem and to understand the solution. The bearer of the recommendation was Yisro, by default. The expectation was that Moshe would himself realize that the situation in which he found himself was untenable. However, he was unable to suggest that the task be shared with others-otherwise there may have arisen a sense that he was too feeble to carry the entire burden himself and such a sense might impair the full and complete trust the people were to have regarding their leader. Aharon was not able to suggest a change. He did not know that Moshe was aware of the issue and thus was concerned about insulting his younger brother if he would suggest making the change. And if the change would be suggested by HaKodosh Boruch Hu, would the People offer a slanderous interpretation and suggest that Moshe was no longer so favored by G-d and thus he was replaced? Who was left-who did not have any of these reasons to refrain from making the suggestion-Yisro. Perhaps the most interesting of commentaries is that of the Or HaChaim HaKodosh. It was Divine Will that it should be Yisro who should observe the situation, identify the problem and he, alone, come up with the elegant solution that he suggested. Certainly, the entire nation of Israel would be impressed with such knowledge and wisdom. Perhaps, says the Or HaChaim HaKodosh, that the Israelites at that time thought that they were the only intelligent people on earth. The nations could not match their knowledge. Thus, the Israelites may have thought that the Torah was given to them because of their outstanding capabilities. At that moment, Yisro arrives on the scene. He sees what no one else does and has a solution which is remarkable. There is a message to Israel. You received the Torah not because you deserved it. You received the Torah because Hashem wanted to reward the descendants of the Patriarchs and because of His chessed to you. Of course, this is reminiscent of a passage in Sefer D’vorim (Perek 7/P’sukim 7-8). We read, “Lo mei’ru’b’chem mi’kol ho’a’mim cho’shak Hashem bo’chem u’vo’char bo’chem ki a’tem ha’m’at mi’kol ho’a’mim. Ki mei’a’ha’vas Hashem es’chem u’mi’shom’ro es ha’sho’vu’oh a’sher nish’ba’ la’a’vo’sei’chem…” It is not because that you are larger than the nations that Hashem desired you and chose you; because you are the smallest of all of the nations. Because it is due to G-d’s love of you and his keeping the oath that he swore to your fathers. In both instances the message is for B’nei Yisroel to realize that it is G-d’s kindness from which they are benefitting. Their inherent worth would not bring them to deserve the Divine guidance that they received. Finally, I wish to suggest another way of looking at Yisro and his suggestion and to understand it better from the perspective of his journey to the Israelite camp. The question with which Rashi introduces us to our Parsha is “Ma sho’mu’a’ sho’ma’ u’vo?” What specifically was it that Yisro heard that caused him to travel to the Israelite camp. Rashi brings two of the three predominant answers to that question. “Kri’as Yam Suf u’Milchemes Amalek.” Yisro heard the events surrounding the splitting of the Red Sea and the War against Amalek. The third component is Mattan Torah. [Of course, the opinions that hold that Yisro came before Mattan Torah would not note this opinion. Above we noted that the inconsistency in Rashi (who does not bring the opinion that hearing about Mattan Torah motivated Yisro’s arrival and the fact that Rashi seems to say that he was aware of the Torah are yet to be explained). What are we to learn from these particular aspects of the Exodus that influenced Yisro so much to come to the Israelite camp? How do these particular aspects of the Exodus relate to Yisro in the Israelite camp and, in particular to the advice that he gave Moshe Rabbenu? Next, let us see the answers that Moshe gave to Yisro when the latter questioned the wisdom of his method of judgment. “ Va’yomer Moshe l’chos’no ki yo’vo ei’lai ho’om lidrosh E…lo’kim. Ki yi’h’yeh lo’hem do’vor bo ei’lai v’sho’fat’ti bein ish u’vein rei’ei’hu u’ho’da’ti es chu’kei hoE…lo’kim ves to’ro’sov” (Perek 18/P’sukim 15-16). Moshe told his father-in-law, [I am with the People from morning to night] because the People come to me to seek G-d. when they have a matter, it comes before me and I judge between one man and his peer and I inform of the laws of G-d and His Torah. It is difficult to understand what Moshe Rabbenu answered Yisro. Would not have the first phrase encompassed everything? People come to me to seek G-d. What then does it mean when Moshe continues to speak and says that he judges them when they have a dispute. Certainly they are coming to hear how Hashem judges them-that is included in the initial phrase. When at the end of these verses Moshe says he teaches them Torah-that is also seeking G-d. How are these verses to be understood? Ramban teaches us that Moshe informed Yisro that he fulfills three major functions. The first is to help the People pray to HaKodosh Boruch Hu at times of stress and anguish. When there is someone ill, Moshe taught the People “lidrosh E…lo’kim”-how to seek G-d. Sometimes there are disputes. My job is to adjudicate those disputes and that is what is meant by “ki yi’h’yeh lo’hem dovor…v’sho’fat’ti…” And finally, of course, Moshe Rabbenu teaches them Torah. What did Yisro hear when Moshe Rabbenu enumerated the tasks that totally consumed him? Yisro was reminded of that initial motivation that brought him to Sinai in the first place. Moshe said that one of his tasks was to take care of the sick and the weak-helping them and their families to seek Divine mercy. Yisro was reminded of the War against Amalek. The Torah tells us how Amalek fought. They attacked “kol ha’ne’che’sho’lim achare’cho” (D’vorim Perek 25/Posuk 18). He came from the rear and specifically target the weak and feeble. This, Yisro said to himself, is why I wanted to come here-to learn the way that Yisroel is creating the antithesis of the Egyptian behavior which was not concerned with the weak and with the stricken. Thus when this enterprise seemed to be threatened by what was perceived as Moshe’s lack of expertise in fulfilling the war put upon him, Yisro was motivated to make sure that as many people as possible be inspired so that that message of care and concern not be lost among the masses. The second part of Moshe’s “job description” was that he was to judge among litigants. Justice should be a word of reign in the Jewish encampment. When Yisro heard this idealistic view of justice, he was motivated and came to the encampment. This was another way in which those valuable lessons could remain with him forever. However, once arriving, Yisro was shocked. How, he thought, could justice be administrated when the judge tackled all of the problems? Why was Yisro so worried about justice? Because He heard of G-d’s judging hand at Yam Suf where He Yisborach distinguished between the Israelite persecuted and the Egyptian persecutor, Yisro was afraid that it would be lost in the shuffle. So he sought a solution. The final phrase of this section, explains Ramban, is the desire of the People to learn Torah. If Yisro heard of Mattan Torah at Sinai and that motivated him to come to the encampment, when he saw the tumult surrounding Moshe, he wondered how they could have accomplished anything. How could they learn? Thus, this is a third motivation for Yisro’s suggestion of streamlining the system of judgment in the camp of B’nei Yisroel. What are we to learn from Yisro? Must we say that he discovered that what Moshe Rabbenu was doing was incorrect and Moshe was insensitive to such a poor way of handling this major issue? I think not. I think that Moshe could have-or did know the answer-as mentioned by our commentators above. If so, why was Yisro given the credit? Why did he have a Parsha named for him-and why did he receive an additional name? Yisro made a name for himself –not because of the actual suggestion-but because of the motivation for that suggestion. Yisro was in tune with his inner-self. He not only knew what the motivation for his travels was when he left his home, he remembered that motivation throughout his travel and when he arrived at his destination. With that value- awareness firmly engrained within him, he realized that any deviation that diminished the fulfillment of his motivation. His advent had reduced value. It was up to him to make a change for himself and Yisro did not shrink from that challenge. The values of prayer to G-d, judgment and learning were the hallmarks of his search for truth. If those values were expressed by Moshe Rabbenu as being true values, but their implementation was lacking, Yisro did not stand by and bemoan his misfortune or the incompetence of others. He stood up and made a difference. Thus, in the in the yearly cycle of Torah readings, Yisro’s name is not only associated with his particular suggestion. Yisro is the Parsha in which the Ten Commandments were given. Aseres HaDibros are Yisro’s Parsha! When one makes a commitment to a worthy goal and does his best to follow it through to completion, his act has gone beyond the individual goal that he achieves. He furthers himself along the path to Har Sinai and his own Mattan Torah. Shabbat Shalom Rabbi Pollock