One of the themes of this week’s Parasha, Yitro, discusses the importance of establishing a properly structured judicial system. The subject is introduced by Yitro, the Priest of Midian and Moshe’s father-in-law. As the experienced and well-established leader of Midian, he is aware that the founding of a fair, accessible and just judicial system is one of the most important pillars of any society.
When Yitro observes Moshe judging the people alone, from morning to night (18:13), he identifies two problems. The first is his concern for Moshe’s well-being, He is worried that, eventually, Moshe “will surely wear” himself “out” (18:18). The second danger that Yitro sees is communal stagnation. It may cause restrictions or a delay of justice and weaken the people, "so the people that are here with you” (18:18). In other words, justice that depends on a single figure, no matter how heroic that figure is,is unsustainable.
“Moshe,” explains Rabbi Lord Jonathan Sacks, “must learn to delegate and share the burden of leadership.” (Covenant and Conversation, Justice or Peace)
Towards that end, Yitro proposes a model for a judicial structure. The court system which he introduces is decentralized, tiered and hierarchical. It includes the appointment of "chiefs of hundreds, chiefs of fifties and chiefs of tens” who will judge the people on a regular basis (18:22). It resembles the structure of a pyramid. Whereas routine and simple cases are handled locally, difficult cases are escalated upward by the chiefs at the bottom of the structure; difficult or precedent-setting cases reach Moshe.
As far as judges are concerned, Yitro does not ask for charisma or brilliance but moral reliability. According to him, they should possess four traits: competency, fear of G-d, commitment to truth, and display aversion to corruption.
This is the Torah’s first explicit institutional design - a blueprint for governance.
Though Yitro’s suggested system is not democratic in a modern sense, it is anti- tyrannical and is remarkably advanced for its time. In order to fully understand its novelty and unique nature, one must delve into the practices of the Ancient Near East, the backdrop against which Yitro formulated his scheme.
In most ancient Near Eastern societies, such as Egypt and Mesopotamia, the king was seen as the god-appointed source of law, and justice flowed downward from him. Yitro’s system takes a very different approach. Instead of placing all authority in one ruler, it spreads judicial power among local judges chosen for their moral integrity.
This change is not just about efficiency; it reflects a new understanding of law itself. Law is no longer tied to a single leader but stands above all leaders, grounded in ethical responsibility and covenantal duty. In this way, Yitro reshapes familiar ancient structures to create a system of justice that is limited, accountable, and attainable, quietly but decisively challenging the royal model of justice that dominated the ancient world.
In a way, Yitro’s proposed structure anticipates key principles of the modern judicial system, especially in terms of accessibility, appeals and distributed authority. It marks the Torah’s rejection of solitary, sacralized power and the birth of what Sacks refers to as a “covenantal society” in which authority is shared, law is institutionalized, and leadership is morally accountable rather than charismatic.
Shabbat Shalom
