Or HaChaim on Exodus 18:15/אור החיים על שמות י״ח:ט״ו

1 כי יבא אלי העם לדרוש אלוקים "for the people come to me to seek out G'd." What did Moses want to accomplish with this reply? Did Yitro not see for himself that the people came to Moses to seek out G'd (judgment approved by G'd)? Yitro's question had been why Moses followed a particular procedure, one which was inconvenient for the people. He did not ask what Moses was doing.

2I believe that Moses referred to the emphasis Yitro had placed on the words אשר אתה עשה לעם, "which you are doing to the people." Moses understood that Yitro implied that Moses forced the people to appear before him, that he was not willing to let other people function as judges, and that as a result the people suffered inconvenience. If only Moses were willing to delegate he could save the people all this inconvenience. Moses replied to this accusation by saying that the matter was not of his choosing but that the people insisted on bringing their problems to him personally. He also explained to Yitro who could not understand why the people were willing to put up with this inconvenience that "anyone who has some matter comes to me." The Zohar second volume page 78 explains the words דבר בא אלי to mean that "a Divine ruling comes to me," i.e. Moses' decision would be divinely inspired. Since no other judge had been so favoured by G'd, the people are willing to put up with the inconvenience.

3As a result of these considerations there was no point in appointing other judges for the people to go to. Moses concluded by saying: "I make them know the statutes of G'd;" this too was something no one else was able to do.

4Yitro was not sure that he had understood Moses' words correctly seeing that they were capable of two interpretations. 1) Moses could have meant that inasmuch as the people came to him voluntarily he felt he had to fulfil the מצוה to settle arguments between two people personally. 2) The people did not want anyone else but Moses to preside over their litigation as I have already explained. Yitro worded his proposal in such a way that it would fit either of the reasons Moses had mentioned why he alone had to preside over litigation. Concerning Moses' argument that he wanted to fulfil the מצוה of judging personally, Yitro said: לא טוב הדבר, "this is not a good method." He then proceeded to explain why it was not a good system. Concerning Moses' argument that the people insisted that only he should be their judge, Yitro said: "I will give you some advice, etc." He presented his scheme in such a way that both litigants in a quarrel would return home satisfied. Should one of them not be satisfied he would still have the option of Moses personally hearing his case. The total number of cases submitted to Moses would be greatly reduced. As a result there would be a great reduction in personal tensions. If, per chance, the lower court would declare itself incompetent to settle an issue, והיה (verse 22), the judges of that court could in turn come to Moses and submit the problem to him. Yitro demonstrated to Moses that the fact that people wanted him to hear their problems personally did not obligate him unless they could not be made happy any other way.