Midrasch zu Tehillim 10:3

(Fol. 6b) R. Eliezer, the son of R. Jose the Galilean, says: "A court is forbidden to attempt an arbitration, and the [judge] that makes settlements commits a crime; and he who praises the mediators despises the law, as it is said (Ps. 10, 3) The robber blesseth himself when he hath despised the Lord, but let the law cut through the mountain (justice under all circumstances), as it is said (Deut. 1, 17) The judgment belongs to God." And so said Moses our master: "Let the law cut through the mountain." But Aaron [his brother] loved peace, ran after it, and used to make peace between a man and his associate, as it is said (Mal. 2, 6) The law of truth was in his mouth, and falsehood was not found on his lips, in peace equity he walked with Me, and many did he turn away from iniquity. R. Eliezer says: "If one had stolen a saah of wheat and had ground, kneaded and baked it, and separated the heave (Challa) of it, how can he recite a benediction over it? For not only is it not a benediction, but it is rather a blasphemy! Concerning this, the passage reads (Ps. 10, 3) The robber blesses … . despises the Lord." R. Maier says: "The passage, the robber, etc., refers only to Juda, for it is said (Gen. 37, 26) And Judah said unto his brothers, 'What profit (betza) will it be if we slay our brother?' And whoever praises Juda [for his advice] despises the Lord; and concerning him is said: He who blesses Botzea despises the Lord." But R. Joshua b. Karcha said: "On the contrary arbitration is a meritorious act, as it is said (Zech. 8, 16) With truth and the judgment of peace, judge ye in your gates. How is this to be understood? Usually, where there is judgment, there is no peace; and where there is peace, there is no judgment. It must then refer to arbitration, which brings peace. The same must be explained about David, concerning whom it is said (II Sam. 8, 16) And David did what was just and charitable unto all his people. How can these five terms be reconciled? For a thing that is just is not charitable, and if charitable then it is not just. We must therefore say that it refers to arbitration, which contains both." The first Tanna, however, [who said above that arbitration is prohibited], explains the passage thus: He, (David), judged in accordance with the strict law — he acquitted him who was right and held him responsible who was guilty, according to the Law; but when he saw that the loser was poor and could not pay, he used to pay from his own pocket. Hence he did justice to one and charity to the other. Rabbi, however, pointed out the following difficulty, it is written. Unto all his people, and according to the above explanation, it ought to be to the poor. Therefore, said Rabbi: "Although he did not pay from his pocket, it was nevertheless counted as justice and charity; justice to the one, for having returned his money; and charity to the other, for delivering the theft out of his hand." (Fol. 7) All the Tannaim mentioned above differ with R. Tanchum b. Chanilai, who said: "The above-cited verse (Ps. 10) was quoted in reference to the golden calf, of which it is said (Ex. 32, 5) And when Aaron saw this. What did he see? R. Benjamin b. Jepheth said in the name of R. Elazar: 'He saw Chur, who was lying killed before him.' And he thought: 'if I do not listen to them, they will do likewise unto me, and will bring about such a condition as is said (Lam. 2, 20) Shall there be slain in the sanctuary of the Lord the priest and the prophet; for which there shall never be a remedy. It is better for them that I should make the golden calf, and for that probably there will be a remedy by repenting.'" [Hence the above passage].

This they shall give (Exod. 30:12). Observe that Israel was so beloved that even their sins brought them considerable benefit. If their sins could do that, how much more so would their meritorious deeds. You find that when Jacob sent Joseph to his brethren, they watched him approach and said to one another: Behold, this dreamer cometh. Come now, therefore, and let us slay him (Gen. 37:19–20). They hurled him into the pit and said: Let us eat and drink, and then we will kill him. After eating and drinking, they were about to say grace when Judah said to them: We are planning to take a life, yet now we would bless God. If we should do this, we would be blaspheming against God and not blessing Him. Because of this Scripture says: And the covetous vaunteth himself, though he condemn the Lord (Ps. 10:3). Come, and let us sell him to the Ishmaelites and let not our hand be upon him (Gen. 37:27). (And they all agreed.)

(Fol. 50) Happy are those that observe justice, that do charity at all times (Ps. 10, 3). Is it possible to do charity at all times? Our Rabbis of Jamnia, and according to others R. Eliezer, interpreted it: "This refers to one who supports his sons and daughters when they are minors." R. Samuel b. Nachmeni said: "This refers to one who raises an orphan boy and girl in his house and gives them in marriage." (Ib. 112, 3) Plenty of riches shall be in his house, and his righteousness shall endure forever. R. Huna and R. Chisda both explained this verse. One said: "This refers to one who studies the Torah and teaches it to others." The other, however, said: "This refers to one who writes the Pentateuch, the Prophets and the Hagiographa and lends them to others." (Ib. 128, 6) And see thy children's children; may there be peace upon Israel. R. Joshua b. Levi said: "If thy children have children, then there shall be peace upon Israel, for they will not have to resort to Chalitza or Yibum [which causes quarrels."] R. Samuel b. Nachmeni said: "Since there are children unto thy children, there will be peace upon Israel's judges, for there will be no cause for quarrels [as to who is the nearest heir."]