What are "Davar" and "Bein Ish u'Vein Re'eihu" referring to?
Mechilta: "Davar" refers to issues concerning Tum'ah and Taharah; "Bein Ish" to money-matters that cannot be compromised; and "u'Vein Re'eihu" to money-matters that can be compromised - where the litigants come out friends.
What is "Ba Eilai" referring to; who or what would come before Moshe?
Oznayim la'Torah: It refers either to the matter (the "Davar"), or to the litigant who is the claimant 1 - in spite of the fact that "Lahem" is plural. 2
Oznayim la'Torah: Who generally comes to Beis-Din first to open the case. See Oznayim la'Torah.
See Gur Aryeh (18:16:2.1:1 ).
QUESTIONS ON RASHI
Rashi writes: "Ki Yih'yeh Lahem Davar, Ba Elai' - [I.e.,] Whoever has a matter, he comes before me." What is bothering Rashi?
Gur Aryeh: The word "Lahem" us in plural - "when they have a matter [to adjucate];" yet the word "Ba" is in the singular - "he comes to me." Rashi explains that the plural to mean, "when any one member of the Klal has a matter, he comes before me...." 1
Why doesn't Rashi explain that the singular word "Davar" refers to the dispute - "... when they have a matter [of dispute], it comes before me? (See Ha'amek Davar, Malbim, etc).
