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Steve Rodan

Mr. Judge: Can you say, ‘Take this job and shove it?’

If anything, Jethro was a serious man with an impressive resume. The man who would become Moses’ father-in-law was a senior adviser to Pharoah, then he moved to become the high priest of Midian. For years, Moses would introduce himself as the son-in-law of Jethro.

Now, in the weekly Torah portion, Yitro, the tables have turned. Moses is known the world over as the prophet and leader who brought the mighty Egypt to its knees and liberated the Jews. Jethro becomes the suitor, bringing his daughter and grandchildren to Mount Sinai and identifying himself as Moses’ father-in-law. Nonetheless, the modest Moses embraces his father-in-law and makes him his most influential adviser.

It was on the following day that Moses sat to judge the people. The people stood around Moses from morning to nightfall. [Exodus 18:13]

Picture this: It’s 6 a.m. and the line from Moses’ tent is huge. Those waiting are Egyptians who left with the Israelites from the land of Pharoah. Many of them want Moses to adjudicate their disputes. Others want to learn Torah and Jewish law. The line moves slowly, and the people wait until nightfall.

Moses’ father-in-law said to him, “What you are doing is not good.” [Exodus 18:17]

Perhaps Jethro is dismayed that the lowest rung of society is forced to bake in the sun. His advice is that Moses delegate. The 80-year-old son-in-law should appoint well-meaning people as judges and leave the difficult cases for himself. That way, Moses could preserve his strength as well as the dignity of the Egyptians.

Moses heeded the voice of his father-in-law and did all that he had said. [Exodus 18:24]

Nowhere in the Torah does Moses give a fellow man such respect and attention. The phrase “did all that he had said” usually refers to Moses’ fealty to G-d’s commandments. What did Jethro say that Moses determined was of supreme importance?

Indeed, much of Jethro’s advice was probably unnecessary. After a few months, Moses would certainly have delegated responsibility to adjudicate cases in the nascent judicial system. His plate would have been full of such tasks as the Tabernacle, Golden Calf, navigating through the desert and sending the spies to Canaan. What Jethro resolved, however, was a far more important question: Who is worthy of being a judge in Israel?

“You must discern, from among all the people, men who are well-established, G-d-fearing, men of integrity, who hate money. [Exodus 18-21]

Shlomo Yitzhaki or Rashi defines “well-established.” They are independently wealthy men who don’t feel the need to kowtow to anybody. In their eyes, the senior official is no different than the beggar. There is one set of laws applicable to all. And that makes these judges respected.

It’s an ingredient that has been missing through most of Jewish history. More than 2,000 years ago, Shimon Ben Shetach was the last of the Mohicans. He was the head of the Sanhedrin under King Yanai. The Hasmonean monarch, who usurped rule from the Davidic dynasty, had silenced dissent by killing all of the rabbis, many of them colleagues of Shimon. During Tabernacles, his gentile soldiers killed 6,000 Jews around the Temple. To ensure legitimacy, Yanai, nicknamed “The Hangman,” packed the supreme court with his own people, faithful neither to Torah, G-d nor the rule of law.

Once, the slave of Yanai was charged with murder and Shimon Ben Shetach insisted that Yanai be summoned as well. The chief justice ordered the king to stand as would any other defendant. Yanai refused, saying he would hear what the rest of the Sanhedrin would rule.

Shimon Ben Shetaḥ turned to his right. The judges forced their faces to the ground out of fear and said nothing. He turned to his left, and they forced their faces to the ground and said nothing. Shimon Ben Shetaḥ said to them: “You are masters of thoughts, enjoying your private thoughts, and not speaking. May the Master of thoughts, G-d, come and punish you.” Immediately, the angel Gabriel came and struck those judges to the ground, and they died. [Talmud Sanhedrin 19a-b]

Not long after, the warrior king, who ruled for 27 years, was dead, eventually replaced by the Roman occupation. With the Romans in charge, justice never made a comeback. Sovereignty was replaced by corruption. The king’s last wish — that all the Torah sages be killed — was blocked by his wife Shlomzion, the sister of Shimon Ben Shetach.

That leads to another definition of Jethro’s advice that the “well-established” be appointed judges by Moses. Moses Ben Nachman, or the Ramban, said these are people “suitable to lead a large nation.” They are honest, noble, immune to bribery and always aware of the consequences of their actions.

These qualities would become No. 1 for any applicant for a judgeship in the Torah kingdom. They even preceded the requirement that a judge fear G-d rather than man, which all but the greatest of prophets would be unable to confirm. The key litmus test would be whether a judge under pressure to favor the elite at the expense of the poor could say, as Johnny Paycheck sang, “Take this job and shove it.”

Jethro saw this as the best lesson he could teach his son-in-law: A nation remains healthy through an independent judiciary — through judges unafraid to say no to the powerful, whether at home or abroad. With that Jethro’s job was done, and he would soon go home.

About the Author
Steve Rodan has been a journalist for some 40 years and worked for major media outlets in Israel, Europe and the United States. For 18 years, he directed Middle East Newsline, an online daily news service that focused on defense, security and energy. Along with Elly Sinclair, he has just released his first book: In Jewish Blood: The Zionist Alliance With Germany, 1933-1963 and available on Amazon.
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