Shabbat Parashat Devarim 5783

Parashat Hashavua: Criteria to Be Chosen

Early on in Sefer Devarim, we find two sections that retell episodes found earlier in the Torah with intriguing differences – the appointment of judges and the sending of the spies.

In Parashat Yitro, the verb used for the appointment of judges is techezeh (Shemot 18:21), which means to see, but is found also in the context of prophecy. It was Moshe Rabbeinu, the great prophet, who was to use prophecy to choose the prophets. This is appropriate considering that one of the major attributes needed for judges was G-d-fearers, which requires the ability for those appointing to see into candidates’ hearts (see Shmuel I, 16:7).

In contrast, according to Parashat Devarim, Moshe told the people to bring forth the desired judges who were chachamim and nevonim, who are known according to their tribes (Devarim 1:13). Rashi explains that the point was that they needed to be known to the people of their tribe because if the people are presented to Moshe, wrapped in a tallit, he will not be able to know the identity and qualifications of each. Therefore, those from their surroundings in which they grew up were to choose the right ones.

The original telling of the story of the spies states that Hashem told Moshe to send them (Bamidbar 13:2). In contrast, in our parasha, the Torah says that the people approached Moshe with the request to send the spies (Devarim 1:22).

Much has been written in an attempt to reconcile these apparent contradictions. I ask our dear readers’ indulgence and suggest a fundamental approach that addresses both issues.

Both apparent approaches are correct. Moshe needed to be involved in the processes, and the people needed to be involved in them. That was the key to success. In fact, in general, one needs to ask two questions before making decisions in life. One is whether the act we are considering will likely “find grace and intellectual acceptance in the eyes of Hashem.” The other is whether the same is true from the perspective of human beings.

In regard to the judges, then, we need to consider whom we think Hashem would want us to choose, and whom people will find acceptable. It is important to accept candidates who pass both tests. The same is true regarding attempts to enter the Land: We are to ascertain what Hashem wants us to do so that we can prepare to acquire it, and what steps we should initiate as hishtadlut (human efforts) from our perspective.

Following these lines, we understand why in Parashat Devarim, the Torah adds two qualities that are not found in Parashat Yitro – chachamim and nevonim. Chochma relates to acquired knowledge, in this case, in knowing the laws of the Torah. Tevuna relates to being able to make proper decisions based on the known laws and rules of the Torah. This may be what R. Avraham ben Harambam says (Shut 97): The men needed to be chachamim and nevonim, as one does not work without the other. Chochma is remembering what was said, and bina is the good intellect (sechel tov) and the ability to evaluate.

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