Yitro witnessed his overwhelmed son in law judging the people, and letting them know statutes and laws (chukim and Torot) (Shmot 18:16). He then proposes a hierarchical system, whereby Moshe would let them know the laws and statutes, and adds,
“והודעת להם את הדרך ילכו בה ואת המעשה אשר תעשון”
“and make them know the way wherein they must go, and the deeds that they must do”.
The Gemara (B.M. 30b) derives that this pasuk refers to Gemilut Chesed, visiting the infirm, burying the dead, following the law, as well as לפנים משורת הדין, acting beyond the letter of the law.
The importance of going beyond the strict law cannot be over-emphasized.
The Gemara, a few pages later, tells us that Jerusalem was destroyed when people insisted on getting every penny of what they demand, and not going beyond. The Ramban explains the importance of Lifnim Mishurat Hadin in Vaetchanan. The Torah cannot give precise behavioral instructions for every moment throughout history. What the Torah does is give basic principles, like not speaking Lashon Hara, nor oppressing others. Thereafter, each person is supposed to figure out how to apply those guidelines to real life.
It is interesting to note that it was Yitro who brought this to the forefront. Moshe saw himself as the soul teacher and judge. Perhaps he felt that each and every moral dilemma, or halachik doubt, should be presented to Moshe. But that system would not work. After teaching them the laws and statutes, most of the people’s decisions were meant to be made themselves.
Shabbat Shalom
