Судебная Реформа

ויהי ממחרת AND IT CAME TO PASS ON THE MORROW — This was really the day after the Day of Atonement: so have we learnt in Siphré (Mekhilta d'Rabbi Yishmael 18:13:1). Since the Day of Atonement is not mentioned anywhere in this section that deals with the Giving of the Law what is the force of ממחרת? i. e. in relation to what particular day in the history of the Law-giving is the term ממחרת, “on the morrow”, used? It means the morrow after he (Moses) descended from the Mount Sinai, and you must admit that it is impossible to say that this was any other day but the morrow after the Day of Atonement because, before the giving of the Torah, one could not say, (v. 16) “and I do make them know the statutes [of God and His laws]” (which are part of the Torah), and from the day when the Torah was given until the Day of Atonement Moses did not sit down to judge the people, since immediately after the Torah was given he ascended the mountain and descended only on the seventeenth of Tammuz when he broke the tablets in pieces. On the next day he again ascended the mountain early in the morning and stayed there eighty days, descending on the Day of Atonement (cf. Tanchuma כי תשא, Rashi on 33:11, Deuteronomy 9:18 and 10:1). Consequently this section is not written (placed) in its chronological order

ואתה תחזה MOREOVER THOU SHALT PROVIDE through the Holy Spirit that is upon thee (Mekhilta d'Rabbi Yishmael 18:21:1),

אנשי חיל MEN OF ABILITY (but חיל may mean “wealth” and in this sense the words would mean) — rich men who will not need to flatter or to show favour (cf. Mekhilta d'Rabbi Yishmael 18:21:1).

אנשי אמת MEN OF TRUTH — These are people commanding confidence (Mekhilta d'Rabbi Yishmael 18:21:1); who are deserving that one should rely upon their words — appoint these as judges because on account of this their words will be listened to.

שנאי בצע HATING LUCRE — men who hate (pay no regard to) their property when it is to be made the matter of a law-suit (Mekhilta d'Rabbi Yishmael 18:21:1), in accordance with what we say: Any judge from whom one has to wring the money he owes only by means of a law-suit is no fitting judge (Bava Batra 58b).

MEN OF ‘CHAYIL.’ This means men who are capable of leading a great multitude of people. Every assembly and gathering is called chayil, and it does not apply only to soldiers going forth to war....

Thus an ish chayil in the administration of justice is one who is wise, alert, and fair; in war, an ish chayil is one who is strong, alert, and who knows the art of arraying forces in battle. A woman also is an eisheth chayil (a woman of valor) when she is alert and knows how to conduct the management of a home.
Jethro thus spoke in general and in particular. [In general], he told Moses to select people with powers of leadership in the administration of justice for this great people. In particular, they should be such as fear G-d, men of truth, hating unjust gain, for it is impossible for them to be “men of chayil” in judgment, without these qualities. It was not necessary for him to mention that they must be wise and understanding, for it is clear that these qualities are included in the term “men of chayil.” Further on, when it says, And Moses chose men of ‘chayil,’ everything is already included — i.e., that they were G-d-fearing, men who hated unjust gain, wise and understanding. Moreover, Scripture says [that Moses chose them] out of all Israel, which means [that they were] the preferred of all Israel, being the ones who have all of these qualities. Since Scripture states that he chose them out of all Israel, it is already stating that they were chosen in preference to all, for it is known that the better ones in Israel possess all good qualities. Jethro, however, not being familiar with them, found it necessary to explain in detail [that they be G-d-fearing, men of truth, etc.]

(12) How can I bear unaided the trouble of you, and the burden, and the bickering! (13) Pick from each of your tribes candidates who are wise, discerning, and experienced, and I will appoint them as your heads.” (14) You answered me and said, “What you propose to do is good.” (15) So I took your tribal leaders, wise and experienced men, and appointed them heads over you: chiefs of thousands, chiefs of hundreds, chiefs of fifties, and chiefs of tens, and officials for your tribes.

We are not careful to demand that a judge for a court of three possess all these qualities. He must, however, possess seven attributes: wisdom, humility, the fear of God, a loathing for money, a love for truth; he must be a person who is beloved by people at large, and must have a good reputation.
All of these qualities are mentioned explicitly in the Torah.

Restore our judges as before and our counselors as at first. Remove from us sorrow and sighing, and reign over us quickly You, Adonoy, alone with kindness and compassion; and make us righteous with righteousness and justice, Blessed are You, Adonoy, King, Lover of righteousness and justice.