שמות, פרק כ״ד, פסוק י״ד

Just before ascending Mount Sinai for an extended period, Moses establishes a temporary leadership and judicial system to maintain order in his absence. By appointing deputies and defining their authority, he ensures the Israelites will not be left without spiritual and legal guidance. Moses directs his instructions to the seventy elders who had already experienced divine revelation [אבן עזרא, ביאור ישר, חזקוני].

There are differing views on exactly when and where these instructions were given. One approach suggests Moses spoke to the elders before leaving the Israelite camp [רש״י, קאסוטו, ספורנו]. In this view, he directed them to remain either within the camp itself [חזקוני] or at his tent just outside of it [אבן עזרא הקצר]. Another perspective argues that Moses spoke to them only after he had climbed a short distance up the mountain. According to this view, he told the elders to halt at their current boundary and warned them against pushing further up the mountain [רמב״ן, ביאור ישר]. The instruction to remain in place does not necessarily imply physical sitting. It is widely understood as a command to wait and delay further movement [מזרחי, שפתי חכמים, ביאור ישר, רש״ר הירש]. Alternatively, it refers to taking up a formal position of leadership and judgment in Moses' stead [רמב״ן, רלב״ג]. They were asked to stay close to the camp so they could access food and water, unlike Moses, who was capable of surviving on the mountain for forty days without nourishment [צרור המור].

When speaking of his eventual return, Moses includes his servant Joshua, extending great respect to his student by equating their honor [העמק דבר, הטור הארוך]. Joshua actually accompanied Moses higher up the mountain than the elders, Aaron, and Hur. Because he was separated from the camp, Joshua was entirely unaware of the sin of the Golden Calf when he eventually descended [בכור שור, חזקוני].

To complete the leadership structure, Moses appoints Aaron and Hur. The primary tradition identifies Hur as the son of the prophetess Miriam and Caleb [רש״י, רלב״ג, ביאור ישר, ברכת אשר]. Because Aaron and Hur were close relatives, specifically an uncle and nephew, they could not legally sit together as a single court. Instead, each judged cases separately as an individual expert [שפתי חכמים]. Hur would eventually meet a tragic end, as he was killed while attempting to rebuke the Israelites during the incident of the Golden Calf [רלב״ג]. However, some commentators firmly reject the identification of Hur as Miriam's son, basing their argument on chronological calculations of the genealogies found in the Book of Chronicles [אבן עזרא, ריב״א].

Outlining the judicial process, Moses instructs anyone with a legal dispute or claim against another to approach the appointed leaders [רש״י, ביאור שטיינזלץ]. This specifically refers to a plaintiff seeking to recover property, as a defendant who already holds the property would naturally prefer to remain silent [בכור שור, חזקוני]. The elders served as the court of first instance, while anyone with complaints about their rulings could appeal to the higher court of Aaron and Hur [מלבי״ם].

From these instructions, commentators derive several fundamental principles of Jewish law. First, the burden of proof rests entirely on the plaintiff who initiates the case [תורה תמימה, בכור שור]. This rule was newly emphasized because, while Moses could judge using divine inspiration without needing witnesses, the replacement judges required concrete evidence [פרדס יוסף]. Second, a court must listen to the plaintiff's claims first. This prevents a situation where the defendant rushes to admit partial guilt simply to avoid taking an oath [תורה תמימה, רש״ר הירש]. Finally, the plaintiff must appear before the judges personally and cannot send a representative to argue on their behalf [העמק דבר].