What are the ramifications of, "v'Shafetu Es ha'Am b'Chol Eis"?
Ramban #1: Due to Moshe's overloaded schedule, the people did not have ready access to him. This would discourage many litigants from presenting themselves to be judged by him, as well as many cases not being heard (and not being solved) - and it would prevent them from encamping peacefully. Now that there were many judges, all the cases would be judged, and peace would reign in the camp. 1
As Yisro specifically stated at the end of the next Pasuk.
How will we reconcile the current Pasuk, "v'Shafetu Es ha'Am b'Chol Eis" - implying even at night-time; with the Pasuk in Parshas Ki Seitzei, "v'Hayah b'Yom Hanchilo Es Banav" (Devarim 21:16) - implying only in the day?
Sanhedrin 34b: Although the beginning of the Din - the litigants presenting their arguments and the testimony of the witnesses - must take place by day, the Beis-Din may conclude the case even in the night. 1
See Torah Temimah, note 36.
What is "Davar ha'Gadol" referring to?
Rashbam: Matters which required Moshe to consult Hashem directly. Refer to 18:19:2:4.
Sanhedrin 16a: Since "Davar ha'Kasheh" in Pasuk 26 refers to difficult lawsuits, "Davar Gadol" here means 'lawsuits of a great man' 1 - i.e. the Kohen Gadol (or of an entire tribe - Oznayim la'Torah). The Pasuk is teaching us that the Kohen Gadol must be judged by the Sanhedrin ha'Gadol of seventy-one judges. 2
Also refer to 18:26:1:1.
Oznayim la'Torah: The Pasuk cannot be referring to large and small sums of money, since, as far as Beis-Din is concerned, 'the Din of a Perutah is just as important as that of a hundred Maneh.'
Torah Temimah: The equivalent of Moshe Rabeinu, who is compared to a Beis-Din of seventy-one. And the Torah wrote "ha'Davar ha'Gadol" (and not 'Divrei Gadol'), to confine this ruling to Dinei Nefashos - where the Kohen Gadol is being judged on a capital offense (Sanhedrin 18b).
What did Yisro mean when he said, "v'Hakel me'Alecha"?
Seforno: Refer to 18:21:5:1 .
What are the implications of "v'Nase'u Itach"?
Seforno: It implies that even those things that Moshe himself had to perform, such as teaching the people Torah, would become easier, since the judges would assist him in teaching it to the people - after they had learned the Halachah from him.
QUESTIONS ON RASHI
Rashi writes: "V'Shafetu - [Targum translates] 'vi'Yedunun;' a command." What is Rashi telling us?
Gur Aryeh: Rashi points out the difference between the word "v'Shafetu" in this Pasuk, and the same word in Pasuk 26. There, the Torah is relating that once they were appointed, "they would judge" on a regular basis; whereas here, it is Yisro's command 1 that this is what they should do.
Although not technically Tzivuy form (which would be 'v'Shiftu' with a Chirik), the Vav ha'Mehapeches changes past tense to future. (CS)
Rashi writes: "'V'Hakel me'Alecha' - This matter is to lighten [the burden] upon you." How else might we have explained?
Gur Aryeh: It is not a command, 'You must lighten your burden!' The command - which was to appoint judges - already appeared above. The lightened burden is the desired result.
