Midrasch zu Ejchah 4:12

(Deut. 16:18:) “[You shall appoint] judges and law officers.” 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; “His statutes” are the expositions (midrsahot); “and His ordinances” are the judgments [to Israel]. The Holy One, blessed be He, 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, “Go with me to your courts,”¹Arka’ot; cf. Gk.: archai (“authorities”) or [archeia (“town offices”). 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? 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). As so have we taught (in Sanh. 5:2), “There was once a case that Ben Zakkay cross-examined [witnesses] about fig stems.”²The gemara (Sanh. 41a) explains that a capital offense was involved. Now the Children of Noah are put to death on the evidence of a single witness, with a single judge, and without a warning. [Whereas 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.³Sanh. 4:1. Moreover, it is written (in Deut. 19:15), “A single witness shall not be valid against a person….” 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:⁴Sanh. 5:1. 1. In what week?⁵I.e., week of years, Sabbatical year of the Jubilee cycle. 2. In what year? 3. In what month? 4. On what [day] of the month? 5. In what hour? 6. In what place? 7. Did you forewarn him?⁶This last query is one of various supplemental questions listed in Sanh. 5:1. This is as we say in Tractate Sanhedrin. And so you find among the leaders⁷Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.⁸I.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.” 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 reigned over all of Israel and he administered judgment and righteousness to all his people.” 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.⁹Note 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 Lord, as stated (in Gen. 18:19), “and to keep the way of the Lord, to do what is just and right.” (II Chron. 19:6:) “Then he said unto the judges,” (in Deut. 1:17), “As justice belongs to God.” Now if Moses our master, who was not commanded concerning judges,—rather Jethro told him (in Exod. 18:21), “And you shall seek out [able men] from among all the people…,” — [if he] convened a Sanhedrin;¹⁰Gk.: synedrion. 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, [as you were crowned with adornment (rt.: hdr)].” 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,” the 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, there righteousness dwelt; but now murderers.” Because “she was full of justice, there righteousness dwelt.” For this reason, Jeremiah said 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, blessed be He, swore that He Himself would exact retribution from the 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 (head of the court), since it is stated (in I Sam. 21:8), “the most mighty of the shepherds [that belong to Saul].” [This is] to teach you that the Holy One, blessed be He, became an av bet din in order to exact vengeance from them. And where is it shown that the text is speaking 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].”

(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>.

“The kings of the earth and all the inhabitants of the world did not believe that an adversary and enemy would enter the gates of Jerusalem” (Lamentations 4:12).
“The kings of the earth and all the inhabitants of the world.” There were four kings, what this one demanded that one did not demand, and these are: David, Asa, Yehoshafat, and Hezekiah. David said: “I will pursue my enemies and overtake them…” (Psalms 18:38). The Holy One blessed be He said to him: ‘I will do so.’ That is what is written: “David smote them from twilight until the evening of their next day” (I Samuel 30:17). What is “of their next day”? Rabbi Yehoshua ben Levi said: For two nights and one day. The Holy One blessed be He would illuminate for him with comets and lightning, as we learned there: Over comets, over earthquakes, and over lightning.³⁰On any of these phenomena one recites the blessing “Whose strength and power fill the world” (Mishna Berakhot 9:2). That is what is written: “For you will illuminate my lamp…” (Psalms 18:29).
Asa arose and said: ‘I do not have the power to kill them, but I will pursue them and You do [the killing].’ He said to him: ‘I will do so,’ as it is stated: “Asa…pursued them…as they were broken before the Lord and before His camp; they carried a great many spoils” (II Chronicles 14:12). “Before Asa” is not written here, but rather, “before the Lord and before His camp.”
Yehoshafat arose and said: ‘I have the power neither to kill nor to pursue; rather, I will recite song and You do so.’ The Holy One blessed be He said to him: ‘I will do so,’ as it is stated: “At the time that they began with song and praise, [the Lord set ambushes against the children of Amon, Moav, and the highlands of Se'ir]” (II Chronicles 20:22).
Hezekiah arose and said: ‘I have the power neither to kill, nor to pursue, nor to recite song; rather I will sleep in my bed and You do so.’ The Holy One blessed be He said to him: ‘I will do so,’ as it is stated: “It was on that night that an angel of the Lord went out and smote in the camp of the Assyrians” (II Kings 19:35).
How many remained of them? Rav said: Ten, as it is stated: “A child will record them” (Isaiah 10:19), as it is typical of a child to write yod.³¹Yod is the smallest letter and its numerical value is ten. Rabbi Elazar says: Six, as it is typical of a child to scratch a line.³²The letter vav is a straight vertical line. Its numerical value is six. Rabbi Yehoshua said: Five, as it is stated: “Two, three berries at the treetop” (Isaiah 17:6).³³The two were Nebuchadnezzar and Nevuzaradan, who were officers, and the three were Sennacherib, the Assyrian king, and his two sons. They were the survivors. Rabbi Yehuda ben Rabbi Simon said: Nine. That is what is written: “Four, five on its flourishing branches” (Isaiah 17:6).³⁴Four and five are nine. Rabbi Tanḥum ben Ḥanilai said: Fourteen. That is what is written: “Two, three berries at the treetop, four, five on its flourishing branches.”
Both according to statement of these, and according to the statement of those, Nebuchadnezzar was one of them. When the Holy One blessed be He said to him: ‘Ascend and destroy the Temple,’ he said: ‘He seeks only to eliminate me. He will do to me what he did to my grandfather.’³⁵Nebuchadnezzar is identified as the grandson of Sennacherib. What did he do? He came and encamped at Daphne in Antioch and sent Nevuzaradan, captain of the guard, to destroy Jerusalem. He stayed there three and a half years. Each day he would circle Jerusalem, but was unable to conquer it. Since he was unable to conquer it, he sought to return. The Holy One blessed be He introduced [an idea] into his mind and he began measuring the wall and it was sinking two and a half handbreadths each day until it was completely sunk. Once it completely sunk, the enemies entered Jerusalem. Regarding that moment, it states: “The kings of the earth and all the inhabitants of the world did not believe that an adversary and enemy would enter the gates of Jerusalem.”

Zavdi ben Levi began: “The kings of the earth did not believe…” (Lamentations 4:12). There were four kings; what this one demanded that one did not demand, and they are: David, Asa, Yehoshafat, and Hezekiah. David said: “I will pursue my enemies and overtake them…” (Psalms 18:38).¹¹⁶This verse is generally translated “I have pursued my enemies” or “I pursue my enemies.” However, a more literal translation is “I will pursue my enemies” or “let me pursue my enemies,” which is how the midrash understands it here. The Holy One blessed be He said to him: ‘I will do so.’ That is what is written: “David smote them from twilight until the evening of the next day” (I Samuel 30:17). What is “of the next day”? Rabbi Yehoshua ben Levi said: For two nights and one day. The Holy One blessed be He would illuminate for him with comets and lightning, as we learned there: Over comets, over earthquakes, and over lightning.¹¹⁷Mishna Berakhot 9:2. The mishna continues: One recites: Blessed…whose strength and power fill the world. That is what is written: “For You will illuminate my lamp…” (Psalms 18:29).
Asa arose and said: ‘I do not have the power to kill them, but I will pursue them and You do [the killing].’ He said to him: ‘I will do so,’ as it is stated: “Asa…pursued them…[and Kushites were falling…before the Lord and before His camp]” (II Chronicles 14:12); it is not written here, “before Asa,” but rather, “before the Lord and before His camp.”
Yehoshafat arose and said: ‘I have the power neither to kill nor to pursue; rather, I will recite song, and You do so.’ The Holy One blessed be He said to him: ‘I will do so,’ as it is stated: “At the time that they began with song and praise, [the Lord set ambushes against the children of Amon, Moav, and the highlands of Seir]” (II Chronicles 20:22).
Hezekiah arose and said: ‘I have the power neither to kill, nor to pursue, nor to recite song; rather I will sleep in my bed and You do so.’ The Holy One blessed be He said to him: ‘I will do so,’ as it is stated: “It was on that night that an angel of the Lord went out and smote in the camp of the Assyrians [one hundred eighty-five thousand]” (II Kings 19:35).
How many remained of them? Rav said: Ten, as it is stated: “A child will record them” (Isaiah 10:19), as it is typical of a child to write a yod.¹¹⁸Yod is the smallest letter and is very easy to write. Its numerical value is ten. Rabbi Elazar says: Six, as it is typical of a child to make a line.¹¹⁹The letter vav is a straight vertical line. Its numerical value is six. Rabbi Yehoshua ben Levi said: Five, as it is stated: “Two, three berries at the treetop” (Isaiah 17:6).¹²⁰The two are Nebuchadnezzar and Nevuzaradan, who were officers, and the three were Sennacherib, the Assyrian king, and his two sons. They were the survivors (Etz Yosef). Rabbi Yehuda and Rabbi Simon said: Nine. That is what is written: “Four, five on its flourishing branches” (Isaiah 17:6).¹²¹Four and five are nine. Rabbi Tanḥum ben Ḥanilai said: Fourteen. That is what is written: “Two, three berries at the treetop, four, five on its flourishing branches” (Isaiah 17:6). Both according to the statement of these and according to the statement of those, Nebuchadnezzar was one of them. When the Holy One blessed be He said to him: ‘Ascend and destroy the Temple,’ he said: He seeks only to eliminate me. He will do to me what he did to my grandfather.¹²²The midrash identifies Nebuchadnezzar as a grandson of Sennacherib, king of Assyria during Hezekiah’s time. Alternatively, the midrash employs the term grandfather in the sense of predecessor. What did he do? He came and encamped at Daphne in Antioch and sent Nevuzaradan, captain of the guard, to destroy Jerusalem. He stayed there three and a half years. Each day he would circle Jerusalem but was unable to conquer it. He sought to return. The Holy One blessed be He introduced into his mind and he began measuring the wall, and it was sinking two and a half handbreadths each day until it was completely sunk. Once it completely sunk, the enemies entered Jerusalem. Regarding that moment, it states: “The kings of the earth and all the inhabitants of the world did not believe that an adversary and enemy would enter the gates of Jerusalem” (Lamentations 4:12). When they sinned they were exiled. When they were exiled, Jeremiah began lamenting over them, eikha.

Rabbi Azariah said: Amalek was a descendant of Esau, and because of his ancestor's enmity he came against them to punish them. The cloud was surrounding the camp of Israel like a city surrounded by a wall. The adversary and enemy were unable to touch them, but (when) anyone needed a ritual bath the cloud excluded him from the camp of Israel, because the camp of Israel was holy, as it is said, "Therefore shall thy camp be holy" (Deut. 23:14), and (then) Amalek was smiting and slaying the hindmost of those who were beyond the cloud, as it is said, "And he smote the hindmost of thee, all that were feeble behind thee" (Deut. 25:18).

The Holy One, blessed be He, said: He has made his attack against the heavenly beings, (and God) will send against them insignificant things, to teach them that the power of their might is nought. When Titus, the wicked, entered the Holy of Holies, he said: No adversary || or enemy can prevail against me. What did the Holy One, blessed be He, do to him? He sent a single gnat, and it went into his nostril, and it ate its way into his brain. That gnat became like a young pigeon, weighing two pounds, to teach him that there was nothing at all in the might of his power. When Israel walked in the Holy of Holies with a proud heart, and said: No adversary or enemy is able to stand before us. What did the Holy One, blessed be He, do to them? He sent against them a man, proud and like one sifting the sea, Nebuchadnezzar, whose name was Kabbīr Mayim (like one sifting the sea), to teach; "For by strength shall no man prevail" (1 Sam. 2:9).