[Parashat Shofetim]
[1] (Deut. 16:18:) <YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES IN ALL YOUR GATES1 WHICH THE LORD YOUR GOD IS GIVING YOU FOR YOUR TRIBES, SO THAT THEY MAY JUDGE THE PEOPLE WITH RIGHTEOUS JUDGMENT>. This text is related (to Ps. 147:19): HE DECLARES HIS WORDS TO JACOB, HIS STATUTES AND HIS ORDINANCES TO ISRAEL. HIS WORDS are the words of Torah,2 HIS STATUTES are the expositions (midrsahot), AND HIS ORDINANCES are the judgments [TO ISRAEL]. The Holy One gave the Torah and the judgments to no one but TO ISRAEL alone. And where is it shown? You learn that when Israel and a star-worshiping gentile have a dispute with each other, it is forbidden for Israel to say to the gentile (goy): Go with me to your courts,3 because he would be transgressing a prohibition, since it is stated (in Ps. 147:20): HE HAS NOT DONE SO FOR ANY NATION (goy); AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM. But were not the peoples of the world commanded concerning litigations, since that is one of the seven commandments of the children of Noah?4 So what is the significance of (Ibid.): AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM? These are the fine points of the law (din). So this is what we teach (in Sanh. 5:2): ONCE UPON A TIME BEN ZAKKAY CROSS-EXAMINED <WITNESSES> ON FIG STEMS.5 Now the children of Noah are put to death on the evidence of a single witness, with a single judge, and without a warning. <That is> something which does not exist in Israel, since there are three judges in property cases, and there are twenty-three judges in capital cases.6 Moreover, it is written (in Deut. 19:15): A SINGLE WITNESS SHALL NOT BE VALID AGAINST A PERSON…. <ONLY> ON THE EVIDENCE OF TWO <OR THREE> WITNESSES <SHALL A CASE BE VALID>. So there must be an investigation and an inquiry. How do they examine the witnesses? They bring them in and solemnly forewarn them. Then they would examine them again with seven inquiries:7 1. In what week,8 2. In what year? 3. in what month? 4. On what <day> of the month? 5. On what day (of the week)?9 6. In what place? 7. Have you forewarned him?10 And so you find among the leaders11 of Israel that they were praised only for their judging.12 It is written concerning Samuel (in I Sam. 7:6): AND HE WENT ON A CIRCUIT YEAR BY YEAR <TO BETHEL, <GILGAL, AND MIZPAH;> AND HE JUDGED ISRAEL <IN ALL THOSE PLACES>. And David also was praised only for his judging, as stated (in I Chron. 18:14 // II Sam. 8:15): AND {DAVID}13 ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE.
[2] And in the case of Jehoshaphat also, when he was installed in the kingship, he did not occupy himself with the business of kingship nor with honor but with the business of judging.14 It is so stated (in II Chron. 17:1): [THEN <HIS SON> JEHOSHAPHAT REIGNED] <IN HIS STEAD,> AND HE STRENGTHENED HIMSELF OVER ISRAEL. What is the meaning of [AND HE STRENGTHENED HIMSELF (rt.: HZQ)]? That HE STRENGTHENED HIMSELF, when he appointed judges. It also says (in II Chron. 17:6): HIS HEART WAS EXALTED IN THE WAYS OF THE LORD, AND IN ADDITION HE REMOVED THE HIGH PLACES AND ASHERIM FROM JUDAH. Was there a haughty spirit within him, in that it says: HIS HEART WAS EXALTED? It is simply that he had appointed judges over them who knew how to walk IN THE WAYS OF THE LORD15 AND TO KEEP THE WAY OF THE LORD.16 (II Chron. 19:6–7:) THEN HE SAID UNTO THE JUDGES: CONSIDER WHAT YOU ARE DOING, SINCE YOU JUDGE NOT FOR HUMANS BUT FOR THE LORD. SO NOW LET THE FEAR OF THE LORD BE UPON YOU. TAKE CARE WHEN YOU ACT, FOR WITH THE LORD OUR GOD THERE IS NO INJUSTICE, PARTIALITY, OR TAKING A BRIBE. Now if Moses our Master, who was not commanded concerning Judges,—rather Jethro told him (in Exod. 18:21): YOU SHALL SEEK OUT <ABLE MEN> FROM AMONG ALL THE PEOPLE…, —<if he> convened a sanhedrin17 for Israel, how much more <important is a sanhedrin> in our case, when it has been commanded here in the Torah (in Deut. 16:18): YOU SHALL APPOINT JUDGES AND LAW OFFICERS FOR YOURSELVES. Where is it shown that Moses convened a sanhedrin? Where it is stated (in Exod. 18:25): SO MOSES CHOSE ABLE MEN FROM ALL ISRAEL <AND APPOINTED THEM AS HEADS OVER THE PEOPLE>…. And Jerusalem also was praised only because of the justice system, as stated (in Ezek. 16:14): AND YOUR NAME SHALL BE SPREAD AMONG THE GENTILES BECAUSE OF YOUR BEAUTY. And what adornment (rt.: HDR) is that? This is the justice system, since it is stated (in Exod. 23:3): NOR SHALL YOU FAVOR (rt.: HDR) SOMEONE POOR IN HIS LAWSUIT. And Jerusalem was destroyed only over perversion of justice, since it is stated (in Ezek. 22:5): YOU WITH A BESMIRCHED NAME; YOU WHO ARE FULL OF COMMOTION. A name for justice that you had at first is besmirched. It is also written (in Is. 1:21): SHE (i.e., Jerusalem) WAS FULL OF JUSTICE; but Jeremiah said this to them (in Lam. 4:12–13): THE KINGS OF THE EARTH DID NOT BELIEVE, [ … ] <THAT FOE OR ENEMY WOULD COME THROUGH THE GATES OF JERUSALEM>. IT WAS FOR THE SINS OF HER PROPHETS AND THE INIQUITIES OF HER PRIESTS <WHO SHED THE BLOOD OF THE RIGHTEOUS IN HER MIDST>. At that time the Holy One swore that he himself would exact retribution from them and from their judges, as stated (in Is. 1:24): THEREFORE THUS SAYS THE LORD, THE LORD OF HOSTS, THE MOST MIGHTY OF ISRAEL: <AH, I WILL EXACT VENGEANCE FROM MY FOES>…. Now THEREFORE can only be a term <related to> an oath, since it is stated (in I Sam. 3:14): AND I THEREFORE SWEAR TO THE HOUSE OF ELI. Moreover, MIGHTY can only be a term for the Av bet Din, since it is stated (in I Sam. 21:8 [7]): THE MOST MIGHTY OF THE SHEPHERDS THAT BELONG TO SAUL. <This is> to teach you that the Holy One became an Av bet Din in order to exact vengeance from them. And where is it shown? Where the text speaks about judges. See what is written after it (in Is. 1:26): AND I WILL RESTORE YOUR JUDGES AS IN THE BEGINNING. Therefore David has said (in Ps. 147:19): HE DECLARES HIS WORDS TO JACOB, <HIS STATUTES AND HIS ORDINANCES TO ISRAEL>.
[3] (Deut. 16:18:)
<YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES>: JUDGES operate in courts, and
LAW OFFICERS operate in the community.
18 R. Eleazar said: If there is no law officer, there is no judge. How so? When someone is found by a court to have a legal obligation to his companion, if there is no law officer who will collect from him when he withdraws from the judges, there is no power in the hands of the judge to do anything to him. If, however, <a law officer is present>, he delivers him into the hand of the law officer, and the law officer extracts compliance from him. R. Eleazar ben Pedat said: If it had not been for the law-enforcing office
19 of Joab, David could not have enforced justice. And so it says (in I Chron. 18:14–15 // II Sam. 8:15–16):
SO {
DAVID}
20 ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE, WHILE JOAB BEN ZERUIAH WAS OVER THE ARMY. Were David and Joab judges? It is simply that whenever someone did not heed the judge, they delivered him into the hands of Joab, and he extracted compliance from him against his will. And so Joab said (in Job 29:16–17):
I WAS A FATHER TO THE POOR…. I BROKE THE JAWS OF THE EVILDOER.
[4] (Deut. 16:18:) YOU SHALL APPOINT <JUDGES AND LAW OFFICERS> FOR YOURSELVES, and not for the peoples of the world.21 Another interpretation (of Deut. 16:18): YOU SHALL APPOINT <JUDGES AND LAW OFFICERS> FOR YOURSELVES. <This> teaches that the judges were called in the name of Moses. Moreover, this is one of three things over which Moses risked his life and were called by his name.22 He offered his life over the Torah, [as stated (in Exod. 34:28): AND HE WAS THERE <WITH THE LORD> FORTY DAYS AND FORTY NIGHTS; <HE ATE NO BREAD AND DRANK NO WATER>.] It was also called by his name, as stated (in Mal. 3:22 [4:4]): REMEMBER <THE> TORAH OF MY SERVANT MOSES. He offered his life over Israel, as stated (in Exod. 32:32): BUT NOW, IF YOU WILL FORGIVE THEIR SIN, <WELL AND GOOD;> BUT IF NOT, PLEASE BLOT ME OUT <OF THE BOOK THAT YOU HAVE WRITTEN >. And where is it shown that they were called by his Name? Where it is stated (in Exod. 32:7, in which the Holy One tells Moses): FOR YOUR PEOPLE <WHOM YOU BROUGHT UP FROM THE LAND OF EGYPT> HAVE ACTED BASELY. He also offered his life over the judges, as stated (in Exod. 2:12–14): HE SMOTE THE EGYPTIAN <AND HID HIM IN THE SAND. WHEN HE WENT OUT ON THE SECOND DAY, HERE THERE WERE TWO HEBREW MEN FIGHTING>; SO HE SAID TO THE WICKED ONE: WHY WOULD YOU STRIKE YOUR COMRADE? <BUT HE SAID: WHO APPOINTED YOU23 A PRINCE AND A JUDGE OVER US?> For that reason they were called in his name, as stated (in Deut. 16:18): YOU SHALL APPOINT JUDGES AND LAW OFFICERS FOR YOURSELVES IN ALL YOUR GATES.
[5] [(Deut. 16:18:)
YOU SHALL APPOINT JUDGES AND LAW OFFICERS> FOR YOURSELVES IN ALL YOUR GATES …,] in every single city,
FOR YOUR TRIBES. Even when the whole city consists of a single family, appoint judges for yourselves.
24 (
Deut. 16:18, cont.:)
SO THAT THEY MAY JUDGE THE PEOPLE WITH RIGHTEOUS JUDGMENT. <This is> to teach you that one effects righteousness with both of them, with the innocent one who gets what belongs to him and with the guilty one from under whose hand they take away the stolen goods.
Another interpretation (of Deut. 16:18): RIGHTEOUS JUDGMENT. During the time that they judge righteously, they effect righteousness with the people, as stated (in Ps. 85:12 [11]): FAITHFULNESS SHALL SPRING UP FROM THE LAND WHILE RIGHTEOUSNESS LOOKS DOWN FROM HEAVEN. During the time that a faithful judgment springs up from the land, the Holy One effects righteousness with the people. He also saves them from divine punishment and afflictions, while good will comes into the world.
[6] (Deut. 16:19:) YOU SHALL NOT TURN ASIDE JUSTICE; YOU SHALL NOT SHOW PARTIALITY; <YOU SHALL NOT TAKE A BRIBE, BECAUSE A BRIBE BLINDS THE EYES OF THE WISE>. <Here is> a warning for the prince not to place one suited to be low too high and one suited to be high too low.25
Another interpretation (of Deut. 16:19): YOU SHALL NOT TURN ASIDE <JUSTICE> because of wealth; YOU SHALL NOT SHOW PARTIALITY because of honor.
Another interpretation (of Deut. 16:19). So that a poor person does not stand while a wealthy one sits.26
Another interpretation (of Deut. 16:19): YOU SHALL NOT TURN ASIDE JUSTICE. Let the judges always feel as if the Divine Presence is among them, as stated (in Ps. 82:1): <GOD STANDS IN THE DIVINE CONGREGATION;> HE PRONOUNCES JUDGMENT IN THE MIDST OF GODS…. From here it follows for litigants that they conduct themselves in awe.
Another interpretation (of Deut. 16:19): YOU SHALL NOT TURN ASIDE JUSTICE. <Here is> a warning for a wise person not to seat someone beside one who is unfit for jurisdiction. Moreover, if he should so seat someone, it is as though he had planted an Asherah. So near <this verse> is <the following> (in Deut. 16:21): YOU SHALL NOT PLANT FOR YOURSELVES ANY TREE AS AN ASHERAH <BESIDE AN ALTAR OF THE LORD YOUR GOD…. > There is a story about a certain person who had a lawsuit with a king, one of the kings of the Hasmonean dynasty.27 He came and stood before Simeon ben Shetah. He said to him: I have a lawsuit with the king. Simeon ben Shetah said to those judges who were judging along with him: If I send for the king, will you reprimand him? They told him: Yes. He sent for him. He came and put his throne beside Simeon ben Shetah. Simeon ben Shetah said to him: Stand on your feet and give satisfaction. He said to him: Are they judging the king? He turned to the right, and the judges <on the right> pressed their faces on the ground (to hide them). He turned to the left, and < those on the left> pressed their faces on the ground. The angel28 came and beat them on the ground, until their breath left them. Immediately the king trembled. Simeon ben Shetah said to him: Stand on your feet and give satisfaction, since you are not standing before us but before the one who spoke and the world came into being. He immediately stood on his feet and gave satisfaction. From here it follows that litigants conduct themselves in awe. They are rendering judgment, as it were, before the Holy One. Therefore Jehoshaphat said to the judges (in II Chron. 19:6): CONSIDER [WHAT YOU ARE DOING], SINCE YOU ARE NOT RENDERING JUDGMENT FOR HUMANS BUT FOR THE LORD. R. Hama bar Hanina said: Come and see! If there it no scriptural text written, it is not possible for him to say that flesh and blood judges its creator. The Holy One said to the Judges: Let them conduct themselves in awe, as if you were judging me. How? One fulfills a commandment before me. I have decreed over him to give him a hundred fields. If you pass judgment against him on one thing that I have decreed over him, I will give him other <fields> from what I possess; and I will credit it against you as though you had gotten it from me.
[7] (
Deut. 16:19, cont.:)
YOU SHALL NOT TAKE A BRIBE. When the judge sets his heart on a bribe, he becomes blind to justice and he is unable to judge <a case> honestly.
29 R. Eleazar said: It says here (in Ezek. 22:6):
BEHOLD, THE PRINCES OF ISRAEL, EACH ONE ACCORDING TO HIS STRENGTH (literally:
ARM),
HAVE EXISTED AMONG YOU <FOR THE SHEDDING OF BLOOD>. Thus they stretched out
30 their arms under their robes to take a bribe. R. Abbahu said: Whoever takes the equivalent of a
peruta (the smallest of coins) from his fellow is called wicked, as stated (in Prov. 17:23): [
A WICKED ONE]
TAKES A CONCEALED BRIBE.
31 R. Ishmael ben Elisha said: Come and see how harmful a bribe is. One time a certain person came and brought me the first fruits of the sheep shearing.
32 He also had a lawsuit before the judge, so I stood to one side. Now I said, <to myself>: If he pleads such and such before the judge, he will win the suit; for I was hoping for him to win. Even though he had only given me my due, and it was not a bribe, my heart was drawn to him every time I saw him. Furthermore, although had gone to the court, I asked about him whether he had won or not. <This incident serves> to make known to you how harmful a bribe is, since it makes the eyes blind. Now here is an argument
a fortiori. If I, to whom he had <only> brought what was due and who <only> got what was due me, was hoping for him to win, how much the more so with one who gets a bribe.
Rabban Johanan ben Zakkay said: (Mal. 3:5:) THEN I WILL DRAW NEAR TO YOU IN JUDGMENT; [AND I WILL BE A SWIFT WITNESS AGAINST SORCERERS, AGAINST ADULTERERS, AGAINST THOSE WHO SWEAR TO A LIE, AGAINST THOSE WHO OPPRESS THE HIRED WORKER IN THEIR WAGES, THE WIDOW, THE ORPHAN AND THOSE WHO TURN ASIDE THE SOJOURNER]. Woe to us for the day of judgment! Woe to us for the day of retribution!33 Scripture compares (heqish) one who turns aside justice to all the worst transgressions. Therefore the Holy One warned (in Deut. 16:19): YOU SHALL NOT TURN ASIDE <JUSTICE>. R. Hama bar Osha'ya said: A person having a pain in his eye gives a lot of money to a physician, <when> it is doubtful whether he is being healed or not.34 But the one who takes a bribe corrupts justice, makes her eyes blind, causes exile for Israel, and brings hunger into the world. Thus it is stated (in Deut. 16:20): JUSTICE, JUSTICE YOU SHALL PURSUE SO THAT YOU MAY LIVE AND POSSESS <THE LAND>; and if not, you shall not possess it.
(Deut. 16:20):
JUSTICE, JUSTICE YOU SHALL PURSUE, [<with
JUSTICE repeated> two times]. From here they have maintained that one should pursue a worthy court.
Another interpretation of
(Deut. 16:20):
JUSTICE, JUSTICE YOU SHALL PURSUE, <with
JUSTICE repeated> two times. <Here is> a warning for judges who judge capital cases not to render judgment on the same day as the trial. Rather let them suspend the judgment overnight (rt.:
LWN), just as they suspend it overnight (rt.:
LWN) in Jerusalem, since it is stated (in Is. 1:21): [
SHE (i.e., Jerusalem)
WAS FULL OF JUSTICE,]
FOR RIGHTEOUSNESS LODGED (rt.:
LWN)
THERE.
(
Deut. 16:20, cont.:)
SO THAT YOU MAY LIVE <AND POSSESS THE LAND>. Everyone who judges a case with unvarnished truth merits life in the world to come, as stated (in Is. 56:1):
THUS SAYS THE LORD: OBSERVE JUSTICE, AND PRACTICE RIGHTEOUSNESS; <FOR SOON MY SALVATION SHALL COME, AND MY RIGHTEOUSNESS BE REVEALED>.
[8] (Zech. 13:8):
AND IT SHALL COME TO PASS THROUGHOUT ALL THE LAND, SAYS THE LORD, THAT TWO-THIRDS IN IT < SHALL BE CUT OFF AND DIE, BUT ONE-THIRD SHALL REMAIN IN IT>. This is what is stated through the Holy Spirit at the hands of David (in Ps. 97:7):
ALL WHO WORSHIP AN IMAGE, WHO BOAST IN IDOLS, ARE PUT TO SHAME.
35 With reference to whom were they speaking? They were only speaking with reference to the works of the Holy One. R. Hanina said: The Holy One is going to show his glory to all who have come into the world; for he will lower his throne in the middle of the firmament and again set it in place where the sun rises during the period of <the month of> Tebeth. R. Hanina the Elder said to him: Is it possible to see his glory, even the one of whom it is written (in Exod. 33:20):
FOR NO HUMAN MAY SEE ME AND LIVE? Now you are saying: The Holy One is going to show his glory to all who have come into the world. He said to him: See, it is written (in Ps. 84:12 [11]):
FOR THE LORD {
OF HOSTS} [
GOD]
IS SUN AND SHIELD [….] Just as
A SUN AND SHIELD denotes a shield over one in time of war, so also will Holy One be a shield over his children in time of war, at that time <of his appearing>.
36 R. Hanina said: In the time that the Lord judges the peoples of the world, he seizes them for judgment, them, their gods, and the one who sets up images
37 for them. Next he brings the two tablets with the Ten Commandments and says to them (i.e., to the tablets): Have they all paid attention to you? Then they say to him: From the day that you created us, no one has paid attention to us with the lone exception of your people Israel.
(Ps. 96:7):
WHO BOAST IN IDOLS. <It would be> more fitting for Scripture to say:
WHO TRUST. What is the meaning of
WHO BOAST? That they did not perform idol worship until they had honored each other (for doing so). The Holy One said: On each and every day you will feel shame before me. There are those among you who serve doves, and a lot of doves are slaughtered. There are also those among you who serve bricks, and a lot of bricks are broken. There are those among you who serve fish, and a lot of fish are sold in the marketplace. Immediately the Holy One put them to shame, as stated (in Micah 7:16):
THE NATIONS SHALL SEE ME AND BE ASHAMED.
[9] R. Hama bar Hanina said: What is the meaning of (Is. 43:9):
ALL THE NATIONS ARE GATHERED TOGETHER. In the world to come the Holy One brings the book of Torah and puts it on his lap.
38 Then he says to everyone who has been occupied with Torah: Let him come and receive his reward.
39 Immediately all the peoples gather in confusion, as stated (ibid.):
ALL THE NATIONS ARE GATHERED TOGETHER [….] The Holy One says to them: Do not be gathered in confusion, but <have> every nation <come> with its scribe, [as stated] (ibid, cont.):
AND LET THE PEOPLES ASSEMBLE. The Roman Empire entered. The Holy One said to them: With what were you occupied? They say: We have established a lot of marketplaces, produced a lot of baths, and multiplied silver and gold. Everything was <done> so that Israel would <have leisure to> be occupied with Torah. He said to them: Everything that you did you did for your own needs. Marketplaces are for settling harlots in. Baths are to refresh yourselves. Silver and gold are mine, as stated (in Hag. 2:8):
THE SILVER IS MINE, AND THE GOLD IS MINE. The Persian Empire entered. He said to them: With what were you occupied? They say: We have {established} [conquered] a lot of cities, established a lot of bridges, waged a lot of wars. Everything was <done> for the sake of Israel. He said to them: Everything that you did you did for the sake of yourselves. Cities were for producing forced labor
40 in them. Bridges were for collecting tolls. Wars <are what> I have waged, as stated (in Exod. 15:3):
THE LORD IS A MAN OF WAR. Are there any among you declaring this? It is so stated (in Is. 43:9, cont.):
WHO AMONG THEM WILL DECLARE THIS? Now
THIS can only be Torah, since it is stated (in Deut. 4:44):
AND THIS IS THE TORAH WHICH MOSES SET <BEFORE THE CHILDREN OF ISRAEL>. They say to him: Did you give us anything that we have not accepted? [It says about them (in Deut. 33:2):
THE LORD CAME FORTH FROM SINAI, AND SHONE UPON THEM FROM SEIR. <This> teaches that the Holy One caused <the light of Torah> to shine over all the peoples of the world, but they did not accept it.] They say to him: Sovereign of the World, give it to us in advance, and we will carry it out. He says to them: I am giving you an easy commandment. If you observe it, I will give [you a reward] like <that of> Israel. He says to them: Go and build a sukkah. Immediately each and every one goes and builds a sukkah for himself. But when the Holy One brings out the sun from its case,
41 each one tramples down his sukkah and goes away, as stated (in Ps. 2:3):
LET US BREAK THEIR BONDS ASUNDER. Then the Holy One laughs at them, as stated (in vs. 4):
THE ONE SITTING IN THE HEAVENS WILL LAUGH; THE LORD WILL DERIDE THEM.
[10] (
Ps. 97:7, end:) {
AND}
ALL GODS BOW DOWN TO {
YOU} [
HIM]. When he judges the peoples of the world, he will judge their gods along with them, as stated (in Is. 66:16):
FOR IN FIRE WILL THE LORD EXECUTE JUDGMENT….
42 When they are unable to remain in the fire, they fly away. Then the Holy One sends out angels with <prisoner> collars
43 and chains, and they cast them into the midst of the daylight, as stated (in Mal. 3:19 [4:1]):
AND DAY THAT COMES SHALL SET THEM ABLAZE….
Another interpretation (of Ps. 97:7): {
AND}
ALL GODS BOW DOWN TO {
YOU} [
HIM]. The peoples of the world say to their gods: Come and fall down before the Holy One, for you have led us astray. Immediately (according to Is. 2:18):
AND THE IDOLS SHALL COMPLETELY VANISH. Then the Holy One brings the peoples of the world down into Gehinnom. It is therefore stated (in Ps. 97:7):
ALL WHO WORSHIP AN IMAGE, <WHO BOAST IN IDOLS, > ARE PUT TO SHAME…. (Zech. 13:8:)
AND IT SHALL COME TO PASS THROUGHOUT ALL THE LAND, SAYS THE LORD, THAT TWO-THIRDS IN IT SHALL BE CUT OFF {
AND}
DIE, BUT ONE-THIRD (
shelishit)
SHALL REMAIN IN IT. [These comprise Israel, who are from a deposit (
shelishut)
44 for the world <as> the children of three (
sheloshet) patriarchs. Another interpretation (of Zech. 13:8:)
BUT ONE-THIRD SHALL REMAIN IN IT.: <These words mean> that they shall only settle in their land in a third deliverance. The first deliverance was the deliverance from Egypt. The second was the deliverance of <in the time of> Ezra. The third has no interruption. R. Simlay said: Six hundred and thirteen commandments were spoken to Moses on Sinai.
45 David came and reduced them to eleven, as stated (in Ps. 15:1–2):
O LORD, WHO SHALL DWELL IN YOUR TENT? […. ]
THE ONE WHO WALKS BLAMELESSLY…. up to (vs. 5):
THE ONE WHO DOES THESE THINGS SHALL NEVER BE SHAKEN.
46 Isaiah came and reduced them to six, as stated (in Is. 33:15): (1)
ONE WHO WALKS RIGHTEOUSLY AND (2)
SPEAKS UPRIGHTLY, (3)
WHO DETESTS THE UNJUST GAIN OF OPPRESSION, (4)
WHO SHAKES HIS FINGER (literally:
HIS HAND)
AGAINST GRASPING AT A BRIBE, (5) [
WHO SHUTS OFF HIS EARS AGAINST HEARING OF BLOODSHED,]
AND (6)
CLOSES HIS EYES AGAINST LOOKING AT EVIL. It is also written after that (in vs.16): {
AND}
THAT SUCH A ONE SHALL DWELL ON THE HEIGHTS; THE STRONGHOLDS ON CLIFFS SHALL BE HIS REFUGE, WITH HIS FOOD SUPPLIED AND HIS WATER ASSURED. Micah came and reduced them to three, as stated (in Micah 6:8):
HE HAS TOLD YOU, O HUMAN, WHAT IS GOOD. SO WHAT DOES THE LORD DEMAND OF YOU BUT TO PRACTICE JUSTICE, LOVE KINDNESS, AND TO WALK HUMBLY WITH YOUR GOD. Amos came and reduced them to two, as stated (in Amos 5:4):
FOR THUS SAYS THE LORD […]:
SEEK ME AND LIVE. Habakkuk came and reduced them to one, as stated (in Hab. 2:4):
BUT THE RIGHTEOUS PERSON SHALL LIVE BY HIS FAITHFULNESS.
47
The End of Parashah Shofetim
1. In biblical times court was generally held at the town gate, perhaps in one of the rooms like those built into either side of Solomonic gates at Hazor, Megiddo, and Gezer.
2. Tanh., Deut. 5:1.
3. Arka’ot; cf. Gk.: archai (“authorities”) or [archeia (“town offices”).
4. Cf. I Corinthians 6:1–6.
5. The gemara (Sanh. 41a) explains that a capital offense was involved.
6. Sanh. 4:1.
7. Sanh. 5:1.
8. I.e., week of years, Sabbatical year of the Jubilee cycle.
9. Cf. Sanh. 5:1 and Tanh., Deut. 5:1, both of which add here: In what hour?
10. This last query is one of various supplemental questions listed in Sanh. 5:1 and Tanh., Deut. 5:1.
11. Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”).
12. I.e., in various summary statements about Israel’s leaders, e.g., Judges 4:4; 10:2, 3; 12:7, 8, 9, 11, 13, 14; 15:20; 16:31; I Sam. 4:18; 7:6, 15–17; 8:1, 5–6, 20; I Kings 3:9, it is the fact that they judged Israel that is specifically mentioned. This fact may not always be obvious in modern translations, because they do not always render ShPT as “judge” but by other English verbs, such as “govern” or “rule.”
13. The only difference between the versions of Chronicles and Samuel is that the name DAVID, which Buber chooses to bracket, appears only in the Samuel version.
14. Note that Jehoshaphat’s name means, “The LORD has Judged.”
15. The fact that the divine name (LORD) is used here, indicates a biblical citation. The expression is found in various places, but the midrash probably adopts the wording from the verse just cited (II Chron. 17:6), which begins: HIS (i.e., Jehoshaphat’s) HEART WAS EXALTED IN THE WAYS OF THE LORD.
16. The mention of keeping the WAY OF THE LORD, is found in various places, but this exact Hebrew citation only occurs in Gen. 18:19 with reference to Abraham’s posterity, a citation given more fully in the parallel from Tanh., Deut. 5:1.
17. Gk.: synedrion.
18. Tanh., Deut. 5:2; cf. Sifre to Deut. 16:18 (144).
19. Siteno, which is being read as sitero, as suggested by Jastrow, s.v.
20. The only difference between the versions of Chronicles and Samuel is that the name DAVID, which Buber chooses to bracket, appears only in the Samuel version.
21. Tanh., Deut. 5:5.
22. Mekhilta deRabbi Ishmael, Shirata, 1 on Exod. 15:1; Exod. R. 30:4; Numb. R. 12:9.
23. In an unvoweled text APPOINTED YOU could be read as “your name.”
24. Cf. the parallel in Tanh, Deut. 5:6: “Appoint judges for it.”
25. Tanh., Deut. 5:7.
26. See James 2:1–3.
27. Sanh. 19a; cf. Josephus, Ant. 14:168–184, for a similar story about Herod being charged with murder.
28. The parallel in Tanh., 5:7 identifies the angel with Gabriel.
29. Tanh., Deut. 5:8.
30. Poshetim, which is intended as a pun on shofetim “judges”. Thus the verb implies that the judges are the ones who stretch out their arms for bribes.
31. Apart from the midrash, in the biblical context these words, which literally mean, A WICKED ONE TAKES A BRIBE FROM THE BOSOM, may well refer to the one who gives the bribe.
32. See Deut. 18:4; also Ket. 105b.
33. Cf. Gen. R. 93:6; Numb. R. 10:2.
34. Ket. 105a.
35. Tanh., Deut. 5:9.
36. Even though the Holy One on his throne shines with the blinding rays of the sun, he will also provide a shield from these rays.
37. The translation reads protomin (Gk. partomai, denoting imperial busts.) for Buber’s pittumin. The emendation was first suggested by Jastrow, s.v. perotomi, and agrees with a note from S. Lieberman given orally to Daniel Sperber and cited in “Greek and Latin Words in Rabbinic Literature,” Bar-Ilan: Annual of Bar-ilan University Studies in Judaica and the Humanities, 14–15(1977), p. 12, n. 7. Buber’s pittumin, which means “ingredients” or “spices,” makes relatively little sense. Cf. Codex Vaticanus, Ebr. 34, which reads “patronin” (Gk.: patrones; Lat.: patroni), and denotes protectors. Cf. also the parallel in Tanh., Deut. 5:9, which seems to read partomin (“small portions”) but should probably be voweled as protomin.
38. Tanh., Deut. 5:9, cont.; ‘AZ 2a-3b.
39. Cf. Matthew 25:31–46.
40. Gk.: angareia; Lat.: angaria.
41. Gk. and Lat.: narthex, where it originally denoted a shrub.
42. Tanh., Deut. 5:9, cont.
43. Qolarin from the Lat.: collaria; cf. colla (“necks”).
44. Cf. the parallel in Tanh., Deut. 5:9, which reads shelishut (“third”) here.
45. Makk. 23b-24a; M. Pss. 17(addendum):18–25.
46. The five verses to this psalm contain exactly eleven stipulations (in vss. 2–4a) for dwelling with the Holy One without being shaken.
47. See Romans 1:17.