by Rabbi Yaakov Menken
"And when the father-in-law of Moshe saw all that he did with the nation,
he said, 'what is this thing which you do with the people? Why do you sit
alone, with all of the nation surrounding you from morning to evening?'
And Moshe said to his father-in-law, 'because the nation comes to me to
inquire of G-d. Because when they have an argument they come to me, and I
judge between a man and his friend, and I teach them the statutes of G-d
and His laws." [18:14-16]
The Drash V'HaIyun takes note of an unfortunate truth: all too many people
are very careful when it comes to matters between man and G-d ("ritual
laws"), but simultaneously are lax with interpersonal laws. They go
running to the Rabbi to ask if a chicken is kosher, but they never seem to
have questions about the "kashrus" of their business dealings -- cases of
possible theft, price-gouging, or other financial matters.
When do their money questions reach the Rabbi? Only after a fight has
broken out! Only then do they go running -- in order to haul the other
party into Rabbinical Court. If everyone were as careful with other
people's money as they were with other rules and prohibitions, and they
would come in advance with their questions in these areas, then they would
greatly reduce the number of Court cases -- and the rabbis would be spared
much time and effort.
The Drash V'HaIyun sees a hint to this phenomenon in our reading, in
Moshe's apparently redundant response: "because the nation comes to me to
inquire of G-d -- because when they have an argument they come to me..."
According to his interpretation, when Yisro asks Moshe why there are so
many judgments and arguments between people, Moshe explains that people
conduct themselves differently within these two areas of Jewish law. When
it comes to matters between man and G-d, they come to ask their questions
first, before they do something wrong: "because the nation comes to me to
inquire of G-d." But when it is an interpersonal matter, they wait until
"they have an argument," and only then do "they come to me" -- to have the
other party brought to Rabbinical Court!
One of our readers pointed out a distinction which may partially defend
this conduct. Laws between man and G-d, she said, are not easily given
over to common-sense interpretation. While "do not murder" is fairly
clear, even as simple an act as lighting a Menorah on Chanukah has
countless details. How many candles we light each night, on which side we
add new candles, on which side we begin to light... all of these are
spelled out in Halacha with many other regulations. This is very true, and
Torah sources themselves distinguish between "chukim," Torah laws which we
may not even comprehend, and "mishpatim," laws which all people recognize
are necessary (in whatever form) to maintain an orderly society, and which
one can often figure out with simple, logical thinking.
But precisely because these interpersonal laws are logical, they offer a
trap: we *think* we know the answers. We assume that we know for ourselves
what we are permitted to do, and what is forbidden. In reality, there are
difficult cases, and more frequent cases where we are unable to see the
obvious for ourselves: if "bribery blinds the eyes of the wise" [Deut.
16:19], how can we expect to judge fairly when our own money is at stake?
These are the times when we most need knowledgeable and unbiased advice.
This applies to completely honest and upright individuals. Although the
Drash V'HaIyun is indeed offering a "Drash," an additional, hinted concept
which goes beyond the simple reading of the verses, it is noteworthy
nonetheless that this passage concerns the "Sinai Generation" - those who
experienced the parting of the Sea and constant miracles in the desert,
who were at that point, on a very high spiritual level.
If we look within ourselves, we will certainly find symptoms of this sort
of problem. Let us learn to know what we don't know -- and ask before we
Rabbi Yaakov Menken
This week's class is dedicated to the speedy healing of
Azriel Yitzchak ben Chaya Gitel.
Text Copyright © 2004 Torah.org.
The author is the Director of Project Genesis - Torah.org.