Midrasch zu Divrej Hajamim II 19:16

R. Joshua b. Karcha said: "Whence do we infer that if a disciple were present when a case came before his master, and saw a point of defense for the poor and a point of accusation for the rich, that he must not keep silent? It is said (Ib) Ye shall not be afraid of any man." R. Chanina said: "One must not withhold his words out of respect for any one; and witnesses also must be aware against whom they testify, and before whom their testimony is given, and who will punish them [for bearing false witness], as it is said (Deut. 19, 17) Then shall both the men who have the controversy stand before the Lord. And the judge must also be aware whom they judge, and before whom their judgment is rendered, and who will punish them [for rendering wrong judgments], as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And so also it reads (II Chron. 19, 6) Look [well] at what ye are doing; because not for man are ye to judge, but for the Lord. And should the judge say: 'Why should I take the trouble and responsibility upon myself?'— therefore it is said (Ib.) Who is with you in pronouncing judgment. Hence the judge has to decide according to wbat he sees with his eyes."

(Deut. 16:18:) “[You shall appoint] judges and law officers,” “judges” are magistrates, and “law officers” are administrators that supervise the people.¹¹Cf. Sifre to Deut. 16:18 (144). 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 court, 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 office¹²Siteno, which is being read as sitero, as suggested by Jastrow, s.v. 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 administered judgment and righteousness to all his people. And Joab ben Zeruiah was over the army.” Were David and Joab judges together? 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 Job said (in Job 29:16-17), “I was a father to the poor […]. I broke the jaws [of the evildoer].”

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.¹⁴Note that Jehoshaphat’s name means, “The LORD has Judged.” 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 LORD¹⁵The 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. AND TO KEEP THE WAY OF THE LORD.¹⁶The 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. (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 sanhedrin¹⁷Gk.: synedrion. 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>.

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.²⁷Sanh. 19a; cf. Josephus, Ant. 14:168–184, for a similar story about Herod being charged with murder. 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 angel²⁸The parallel in Tanh., 5:7 identifies the angel with Gabriel. 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.

R. Joshua the son of Karha said: Whence do we know that if a disciple, sitting before his master, observes something that points out the innocence of the poor man and the guilt of the rich man, he must not keep silent? It is said: Ye shall not be afraid of the face of any man (ibid.). This means that one should not refrain from speaking out because of any man. Witnesses must know against whom they are testifying and before Whom they are testifying and Who in the future will call them to account. As is it is said: Then both the men, between whom the controversy is, shall stand before the Lord (ibid. 19:7). Judges must also realize, as they judge, before Whom they are judging and Who in the future will call them to account, as it is said: God standeth in the congregation of God; in the midst of the judges He judgeth (Ps. 82:1). Thus Jehoshaphat said to the judges: Consider what ye do; for ye judge not for man, but for the Lord (II Chron. 19:6). A man might say: What interest do I have in this argument? Therefore Scripture says: And He is with you in giving judgment (ibid.). Hence a judge must decide a case only in accordance with what he has witnessed (i.e., determined from the evidence) with his own eyes.

(Deut. 16:19:) “You shall not turn aside justice; you shall not show partiality.” [Here is] a warning for the prince not to place one suited to be low, high; and one suited to be high, low. Another interpretation (of Deut. 16:19), “You shall not turn aside justice,” because of wealth; “you shall not show partiality,” because of honor, so that a poor person does not stand while a wealthy one sits. Another interpretation (of Deut. 16:19), “You shall not turn aside justice.” It is a warning to the sage not to seat someone beside him who is unfit for jurisdiction. Moreover, if he should so seat someone [like this], 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…].” (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 powers.” From here it follows for litigants that they conduct themselves in awe. There is a story about a certain person who had a lawsuit with a king, one of the kings of the Hasmonean dynasty.¹⁴Sanh. 19a; cf. Josephus, Ant. 14:168-184, for a similar story about Herod being charged with murder. 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, “Do we judge a king?” [Simeon ben Shetah] 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 angel came and beat them on the ground, until their souls 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 me, but before the One who spoke and the world came into being, as stated (in Deut. 19:17), ‘The two parties to the dispute shall stand before the Lord.’” He immediately stood on his feet and gave satisfaction. Hence the litigants need to conduct themselves in awe and the judges need to conduct themselves in awe; as they are rendering judgment, as it were, for the Holy One, blessed be He. 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 were no scriptural text written, it is not possible for him to say that flesh and blood judges its Creator. The Holy One, blessed be He, said to the judges, ‘Let them conduct themselves in awe, as if you were judging Me. How? One fulfills a commandment before Me. [So] 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.’”

"and bailiffs for your tribes": wielders of the lash, viz. (II Chronicles 19:11) "and the Levite bailiffs before you," and (Nechemiah 8:11) "and the Levites silenced all the people."

And thus is it written of Yehoshafat (II Chronicles 19:6) "and he said to the judges: Take heed what you do, for you judge not for the man, but for the L-rd who is with you in the judgment."

R. Yehudah says: Whence is it derived that one is appointed over all? From "shall you appoint for yourself."