Exodus 18:26

18:13-27 Here is the great zeal and the toil of Moses as a magistrate. Having been employed to redeem Israel out of the house of bondage, he is a further type of Christ, that he is employed as a lawgiver and a judge among them. If the people were as quarrelsome one with another as they were with God, no doubt Moses had many causes brought before him. This business Moses was called to; it appears that he did it with great care and kindness. The meanest Israelite was welcome to bring his cause before him. Moses kept to his business from morning to night. Jethro thought it was too much for him to undertake alone; also it would make the administration of justice tiresome to the people. There may be over-doing even in well-doing. Wisdom is profitable to direct, that we may neither content ourselves with less than our duty, nor task ourselves beyond our strength. Jethro advised Moses to a better plan. Great men should not only study to be useful themselves, but contrive to make others useful. Care must be taken in the choice of the persons admitted into such a trust. They should be men of good sense, that understood business, and that would not be daunted by frowns or clamours, but abhorred the thought of a bribe. Men of piety and religion; such as fear God, who dare not to do a base thing, though they could do it secretly and securely. The fear of God will best fortify a man against temptations to injustice. Moses did not despise this advice.

And they judged the people at all seasons,.... Any day in the week, or any time in the day, whenever there was any occasion for them, and cases were brought before them: the hard cases they brought unto Moses; that is, the judges brought them to Moses when such came before them which were too hard for them, it was difficult to them to determine rightly about them, then they brought them to be heard and decided by him; for the judges, and not the people, best knew when a case was hard or easy to determine: but every small matter they judged themselves; and gave it as they saw was most agreeable to justice and equity, and did not trouble Moses with it; by which means he was eased of a great deal of business and fatigue, which was Jethro's view in giving the advice he did.

Verse 26. - At all seasons . See the comment on verse 22. The hard causes they brought unto Moses . It must have been left to the discretion of the judges to determine whether a cause was hard or easy, a great or a little matter. Probably only those causes which seemed "hard" to the "rulers of thousands" were brought before Moses for decision. CHAPTER 18:27 Exodus 18:26

23. If thou shalt do this thing, &c.—Jethro's counsel was given merely in the form of a suggestion; it was not to be adopted without the express sanction and approval of a better and higher Counsellor; and although we are not informed of it, there can be no doubt that Moses, before appointing subordinate magistrates, would ask the mind of God, as it is the duty and privilege of every Christian in like manner to supplicate the divine direction in all his ways.

The judges chosen were arranged as chiefs (שׂרים) over thousands, hundreds, fifties, and tens, after the analogy of the military organization of the people on their march ( Numbers 31:14 ), in such a manner, however, that this arrangement was linked on to the natural division of the people into tribes, families, etc. (see my Archologie, 140). For it is evident that the decimal division was not made in an arbitrary manner according to the number of heads, from the fact that, on the one hand, the judges were chosen from the heads of their tribes and according to their tribes ( Deuteronomy 1:13 ); and on the other hand, the larger divisions of the tribes, viz., the families (mishpachoth), were also called thousands ( Numbers 1:15 ; Numbers 10:4 ; Joshua 22:14 , etc.), just because the number of their heads of families would generally average about a thousand; so that in all probability the hundreds, fifties, and tens denote smaller divisions of the nation, in which there were about this number of fathers. Thus in Arabic, for example, "the ten" is a term used to signify a family (cf. Hengstenberg, Dissertations v. ii. 343, and my Arch. 149). The difference between the harder or greater matters and the smaller matters consisted in this: questions which there was not definite law to decide were great or hard; whereas, on the other hand, those which could easily be decided from existing laws or general principles of equity were simple or small. (Vide Joh.

Selden de Synedriis i. c. 16, in my Arch. 149, Not. 3, where the different views are discussed respecting the relative positions and competency of the various judges, about which there is no precise information given in the law.) So far as the total number of judges is concerned, all that can be affirmed with certainty is, that the estimated number of 600 judges over thousands, 6000 over hundreds, 12,000 over fifties, and 60,000 over tens, in all 78,600 judges, which is given by Grotius and in the Talmud, and according to which there must have been a judge for every seven adults, is altogether erroneous (cf. J. Selden l.c. pp. 339ff.). For if the thousands answered to the families (Mishpachoth), there cannot have been a thousand males in every one; and in the same way the hundreds, etc., are not to be understood as consisting of precisely that number of persons, but as larger or smaller family groups, the numerical strength of which we do not know.