Exo. 18:25, 26
And Moses chose able men out of all Israel and made them heads over the people…
And they judged the people in all seasons. The hard case they brought to Moses, but every small matter they judged themselves.
After the introduction of the “bread from heaven” and the Sabbath in the wilderness of Sin, Numbers 33 informs us that the children of Israel journeyed to a place called Dophkah. Breaking camp at Dophkah, they then traveled to Alush. From here, they made their way to Rephidim.
It was here that Moses’ father-in-law Jethro came to him from the land of Midian, along with his daughter Zipporah (Moses’ wife) and their two sons. After paying their respects, Moses tells Jethro about all that YHWH had done to Pharoah and the Egyptians. He also tells him of YHWH’s mighty hand with the children of Israel along the way.
Rejoicing, Jethro blesses YHWH and offers Him a burnt offering and slaughtered animals. Moses, his father-in-law, and the elders of Israel then broke bread.
The following day, Jethro noticed Moses judging the people all day –from sunrise to sunset. Inquiring Moses concerning this matter, Moses tells him that he must relate YHWH’s decrees and instructions in each case of controversy.
Jethro tells Moses that, so that he doesn’t wear himself out, he should delegate some of this responsibility to others. Listening to his father-in-law, Moses told the people to choose wise, understanding, and knowledgeable men for the task of judging them.
Forty years later, Moses recounted this event. Recorded in Deuteronomy chapter one, verses sixteen and seventeen, he told the next generation:
“And I charged your judges at that time, saying, ‘Hear the cases between your brethren and judge righteously between a man and his brother, and the stranger that is with him.
You shall not show partiality in judgment. You shall hear the small and the great alike. You shall not be afraid of the face of anyone; for the judgment is the Almighty’s. And the cases that are too hard for you, you bring to me and I will hear it.’”
These words, along with those recorded in Deu. 1:9-14, are in Exodus 18:24-25 in the Dead Sea Scrolls and the Samaritan Pentateuch.
Before YHWH made a covenant with them at Mt. Sinai, He taught the children of Israel about the purpose of appointing judges: administering justice.
He taught the people-elected judges not to show favoritism or discrimination. Exo. 18:25-DSS/SP; Deu. 1:17. [He later taught them not to take bribes. Deu. 16:19. He also taught the people not to take bribes. Exo. 23:8.]
He taught the judges to execute fairness between every native-born citizen as well as foreign-born citizens. Exo. 19:25-DSS/SP; Deu. 1:16. [He later taught that foreign-born residents are to be treated the same way as native-born citizens. Exo. 22:21; Lev. 19:34.]
He taught them not to be intimidated by threats or to be pressured by anyone. Exo. 19:25-DSS/SP; Deu. 1:17. [He later expounded on this teaching by specifically mentioning marginalized groups. Exo. 23:6; Deu. 24:17; 27:19.]