Midrash for Deuteronomy 1:17

(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].”

(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].

(Ib. b) R. Simon b. Menasia says: "If two come with a case before you, prior to the hearing of their claims, and even thereafter, but before you are aware which way the judgment will incline, you may say to them: 'Go and arbitrate between yourselves.' But after you have heard their case and are aware which way the judgment inclines, you must not [advise them to] go out and arbitrate, as it is said (Prov. 27, 14). As one letteth loose [a stream] of water, so is the beginning of strife; therefore, before it be enkindled, leave off the contest; i.e., before it be enkindled, you may [advise them to] leave off, but after the contest had been enkindled you must not [advise them to] leave off." Resh Lakish said: "If two persons came with a case before you, one being mighty [who can harm you] and the other lenient, before you heard their case, or even thereafter, but before you are aware which way the judgment inclines, you may say to them, 'I am not obligated to judge you,' because of fear that if the mighty loses he will pursue you. But after you had heard their cases, and are aware which way the judgment inclines, then you must not say, 'I am not obligated to judge you,' because it is said (Deut. 1, 17) Ye shall not be afraid of any man."

Befitting is (the ascription of) "greatness" to the Lord. And thus did David say (I Chronicles 29:11) "To you, O Lord, is [befitting the ascription of] greatness, might, splendor, triumph, and majesty." A king of flesh and blood enters a province, and all praise him as "strong" — when he is weak; as "rich" — when he is poor; as "wise" — when he is foolish; as "merciful" — when he is cruel; as "trusty" — when he is not. He is lacking in all of these (fine) attributes — All men are flattering him. But it is not so with Him who spoke and brought the world into being. He is more than He is praised for being. I shall sing to the Lord, who is might, as it is written — (Devarim 10:17) "the God who is great and mighty and awesome," (Psalms 24:8) "the Lord, mighty and strong, the Lord, strong in war," (Isaiah 42;13) "The Lord as a mighty one shall go forth. As a man of war, He will stir up wrath. He will shout; He will scream. He will overpower His foes," (Jeremiah 10:14) "There is none like You, O Lord. Great are You and great is Your name in strength." I shall sing to the Lord, who is rich, as it is written — (Devarim 10:19) "To the Lord your God belong the heavens, etc.", (Psalms 24:1) "To the Lord belongs the earth and its fullness, etc.", (Ibid. 95:5) "His is the sea and He has made it," (Chaggai 2:8) "Mine is the silver and Mine is the gold," (Ezekiel 18:4) "All of the souls are Mine. The soul of the father and the soul of the son alike are Mine." I shall sing to the Lord, who is wise, as it is written — (Mishlei 2:6) "For the Lord shall give wisdom. From His mouth are knowledge and understanding", (Daniel 2:21) "He gives wisdom to the wise, and knowledge to the knowers of understanding". (Jeremiah 10:7) "Who will not fear You, King of the nations? For among all the sages of the nations and in all of their kingdoms, there is none like You." I shall sing to the Lord, for He is merciful, as it is written — (Exodus 34:6) "Hashem, Hashem, the G d who is merciful and gracious", (Devarim 4:31) "For a merciful G d is the L rd your G d", (Psalms 25:6) "Remember Your mercies, Hashem, etc.", (Ibid. 145:8) "Good is the Lord to all, and His mercies are on all his works", (Daniel 9:9) "To the Lord our God is mercy and forgiveness." I shall sing to the Lord, who is a Judge, as it is written — (Devarim 1:17) "… for the judgment is God's", (Psalms 82:1) "G d stands in the assembly of the almighty. In the midst of the judges shall He judge," (Devarim 32:4) "The Rock, perfect is His work, for all of His ways are just." I shall sing to the Lord, who is trusty, as it is written — (Ibid. 7:9) "the trusty G d, etc." (Ibid. 32:4) "… a G d of trust, without wrong, etc." I shall sing to the Lord, who is comely, who is glorious, who is exalted, whose like does not exist — (Psalms 89:7) "For who in the heavens can be compared to the Lord, can be likened to the Lord among the sons of the mighty"? (Ibid. 8) "God greatly dreaded in the great council of the holy, held in awe by all around Him"

The host of Rab had to try a case before him, and when he entered he said to Rab: "Do you remember that you were my guest?" "Yea," answered he, "but why did you come here?" He said: "I have a case to try." Thereupon Rab said (Fol. 8) "I am not fit to be a judge for your case." And he appointed R. Cahana to judge the case. R. Cahana, observing that he relied too much upon Rab, said to him: "If you listen to my decision, well and good; but if not, I will put Rab out of your mind" (i.e., I will put you under the ban). The small as well as the great shall ye hear. Resh Lakish said: "This means you shall treat a case of one peruta with the same exactness as you would treat a case involving a hundred manas." To what purpose was this said? Is this not self-evident? It means, if two cases come before you, one of a peruta and one of one hundred manas, you shall not say: "This is a small case, and I will see to it later." Ye shall not be afraid of any man. R. Chaniu said: "This means that the judge shall not withhold his words out of respect to a man;" for the judgment belongeth to God. R. Chama b. R. Chanina said: '"The Holy One, praised be He! said: 'It is not sufficient for the wicked to take away money from one and give it to another illegally; but they trouble Me even to return the money to its owner.' " Atid I commanded your judges at that time. Further it reads: I commanded you at that time. R. Elazar in the name of R. Simlai, said: "This is a warning for the congregation, that they should respect their judges; and, also, a warning to the judges that they should bear with the congregation." To what extent? R. Chanin (according to others R. Sabthai) said: "Even as a nursing father carrieth the sucking child." (Num. 11, 12).

"This is my G d and I will extol Him": R. Eliezer says: Whence is it derived that a maid-servant beheld at the Red Sea what was not beheld by Ezekiel and the other prophets, of whom it is written (Hoshea 12:11) "And to the prophets I appeared (in various) guises," and (Ezekiel 1:1) "The heavens opened and I saw visions of G d"? An analogy: A king of flesh and blood comes to a province, a circle of guards around him, warriors at his right and at his left, armies before him and behind him — and all asking "Who is the king?" For he is flesh and blood as they are. But when the Holy One was revealed at the sea, there was no need for anyone to ask "Who is the King?" For when they saw Him, they knew Him, and they all opened and said "This is my G d, and I will extol Him ("ve'anvehu," lit.: "I will 'host' Him")!" R. Yishmael says: Is it possible to "host" one's Master? Rather, (read "ve'anvehu" as) "I shall beautify myself (from the root "na'eh") before Him with mitzvoth — with a beautiful lulav, beautiful tzitzith, a beautiful shofar, beautiful prayer. Abba Shaul says: "I will liken myself to Him" (i.e., "ve'anvehu" = ani vehu ["I and He"]) Just as He is merciful and gracious, you, too, be merciful and gracious. R. Yossi Haglili says; "Beautify and praise the Holy One Blessed be He before all the peoples of the world." R. Yossi b. Dormaskith says: "I shall make a Temple before Him," "navth" being the Temple, as in (Psalms 79:7) "and they have destroyed navehu" (His Temple)", and (Isaiah 33:20) "But you will regard (with deference) Zion, the city of our assemblies. Your eyes will see Jerusalem, the peaceful habitation" (neveh sha'anan). R. Akiva says: "I shall speak of His beauty" — of the praise of the Holy One Blessed be He, who spoke and brought the world into being. The peoples of the world ask Israel (Song of Songs 5:9) "How is your Beloved (different) from the beloved (of all the other nations) that you have thus besworn us? (see Ibid. 8) that you thus die for Him and are thus murdered for Him, viz. (Ibid. 1:3) "alamoth have loved You" — they have loved You "al maveth" ("above death"), and (Psalms 44:23) "for over You we are slain all the day"? You are comely, you are strong. Come and join us. And Israel says to them: Do you know Him? Let us tell you part of His praise (Song of Songs 5:10) "My Beloved is white and ruddy, distinguished among legions." When they hear this, they say to Israel: Let us go with you, viz. (Ibid. 6:1) "Where did your Beloved go, you loveliest among the women? Whither has your Beloved turned? Let us seek Him with you." And Israel says to them (Ibid. 2:16) "My Beloved is mine, and I am His," and (Ibid. 6:3) "I am my Beloved's, and my Beloved is mine, who grazes His flock among the lilies." And the sages say (on "ve'anvehu"): "I shall accompany Him ("alavenhu") until I come with Him to His Temple. An analogy: A king's son goes abroad — he goes after him and attends upon him. He goes to a different city — he goes after him and attends upon him. Thus with Israel. When they went down to Egypt, the Shechinah was with them, viz. (Genesis 46:4) "I shall go down with you to Egypt." When they went up, the Shechinah went up with them, viz. (Ibid.) "and I shall also bring you up." When they went down to the sea, the Shechinah was with them, viz. (Exodus 14:19) "And the angel of G d, who went before the camp of Israel, etc." When they went out to the desert, the Shechinah was with them, viz. (Ibid. 13:21) "And the L rd went before them by day, etc." — until they brought Him with them to His holy Temple, viz. (Song of Songs 3: "I had almost passed them (Moses and Aaron) by, when I found Him whom my soul loved. I held onto Him and did not let go of Him until I had brought Him to the house of my mother and the chamber of my conception." "my G d" (Keli): With me He manifested the attribute of mercy, and with my fathers, the attribute of justice. And whence is it derived that "keli" connotes the attribute of mercy? From (Psalms 22:2) "Keli, Keli, why have You forsaken me?" and (Numbers 12:13) "Kel, I pray You, heal her, I pray You," and (Psalms 118:27) "The L rd is 'Kel,' and He has lighted (the way) for us." And whence is it derived that "Elokim" (as in [Exodus, Ibid] "the G d ['Elokei'] of my father") connotes justice? From (Devarim 1:17) "For the judgment is to 'Elokim.'" "the G d of my father, and I will exalt Him": I am a queen, the daughter of kings; a beloved one, the daughter of beloved ones; a holy one, the daughter of holy ones; a pure one, the daughter of pure ones. An analogy: A man goes to betroth a woman. Sometimes he is embarrassed in her; sometimes, in her kin. But I am not so, but a queen, the daughter of kings, etc. R. Shimon b. Elazar says: When Israel do the will of the L rd, His name is exalted in the world, as it is written (Joshua 5:1) "And it was, when all the kings of the Emori heard, etc." And thus did Rachav say to Joshuah's emissaries, (Ibid. 2:10) "for we heard how the L rd dried up, etc.", and (Ibid. 17) "and we heard and our hearts melted, and no man's spirit endured within him before you. For the L rd, He is G d in the heavens above, etc." And when they do not do His will, His name, as it were, is demeaned in the world, viz. (Ezekiel 36:20) "And they came to the nations … and they profaned My holy name when it was said of them: These are the peoples of the L rd, and from His land did they go forth …" and (Ibid. 23) "And I shall sanctify My great name which has been profaned among the nations, etc." "the G d of my father, and I will exalt Him": The congregation of Israel said before the Holy One Blessed be He: L rd of the world, it is not for the miracles that You performed with Me that I chant song before You, but for the miracles that You performed with my fathers and with me in all of the generations — thus: "This is my G d and I will extol Him; the G d of my father, and I will exalt Him."

“Just as you do not know the path of the wind, or how the bones grow in the womb of one who is pregnant; so you will not know the work of God, who does everything” (Ecclesiastes 11:5).
“Just as you do not know” – there are seven matters obscured from people, and they are the day of death, the day of consolation, the profundity of judgment, how one profits, what is in the heart of another, what is in a woman’s pregnancy, and this kingdom of Edom, when it will fall. The day of death, from where is it derived? It is as it is stated: “Man [also] does not know his time” (Ecclesiastes 9:12). The day of consolation, from where is it derived? It is as it is stated: “I am the Lord; at its time I will hasten it” (Isaiah 60:22). The profundity of judgment, from where is it derived? It is as it is stated: “For judgment is God’s” (Deuteronomy 1:17). How one profits, from where is it derived? It is as it is stated: “This is the gift of God” (Ecclesiastes 5:18). What is in the heart of another, from where is it derived? It is as it is stated: “I am the Lord, who probes the heart” (Jeremiah 17:10). What is in a woman’s pregnancy, from where is it derived? It is as it is stated: “Or how the bones grow in the womb of one who is pregnant.” And this kingdom of Edom, when it will fall, from where is it derived? It is as it is stated: “For it is a day of vengeance in My heart” (Isaiah 63:4).

[(Gen. 42:1:) THEN JACOB SAW THAT THERE WAS GRAIN IN EGYPT.] This text is related (to Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE < AND SEALS UP THE STARS >.¹⁹Gen. R. 91:1. {It simply tells about Jacob and his children, since they were likened to them. Thus it is stated (in Gen. 37:9): HERE WERE THE SUN, THE MOON, AND ELEVEN STARS BOWING DOWN TO ME.} Look at all Job's wisdom! Now who does not know that, if the Holy One tells the sun or the stars not to shine, they do not shine, as stated (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE … ? It simply tells about Jacob and his children, [since they were likened to them. Thus it is stated (in Gen. 37:9): HERE WERE THE SUN, THE MOON, AND ELEVEN STARS BOWING DOWN TO ME]. (Job 9:7:) THE ONE WHO TELLS THE SUN NOT TO SHINE. For the twenty-two years that Joseph stayed away from his brothers in Egypt, the Holy Spirit was hidden from Jacob and his children. He was no farther from them than a journey of four or five days; but they did not know that he was in Egypt. Now Jacob and his children had previously been great prophets. Do you want to understand? When Joseph had told them his dream, what did he say (in Gen. 37:10)? ARE WE TO COME, I AND YOUR MOTHER AND YOUR BROTHERS, AND BOW DOWN < TO THE GROUND FOR YOU > ? Then, when he had been sold, they did not know where he was. Ergo (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE. Why so? So that the prophets would not be boastful. The Holy One therefore made his power known to them to show them that they were nothing. And so you find with the greatest of the prophets (i.e., Moses). Because he had said (in Deut. 1:17): BUT THE CASE WHICH IS TOO HARD FOR YOU < YOU SHALL BRING UNTO ME >….²⁰Sifre to Deut. 1:17 (17); Sanh. 8a. The Holy One said to him: Are you able to interpret a difficult case? By your life, I am showing you! So, when the affair of the daughters of Zelophehad arrived, he began to have difficulties with it. When he did not know what to say, he brought their cause before the LORD, as stated (in Numb. 27:5): THEN MOSES BROUGHT THEIR CAUSE BEFORE THE LORD. The Holy One said to him: Was it not you who said (in Deut. 1:17): BUT THE CASE WHICH IS TOO HARD FOR YOU < YOU ARE TO BRING UNTO ME > … ? See, you do not know what the women know. (Numb. 27:7:) THE DAUGHTERS OF ZELOPHEHAD SPEAK WHAT IS RIGHT. These women have judged better than you. And so also in the case of Samuel, when he was measured against Moses and Aaron. Because he had said (in I Sam. 9:19): I AM THE SEER, the Holy One said to him: You have said: I AM THE SEER! By your life, tomorrow I am showing you whether you are a seer. Thus it is stated (in I Sam. 16:1): FILL YOUR HORN WITH OIL AND GO; {COME} [I AM SENDING YOU] UNTO JESSE THE BETHLEHEMITE BECAUSE I HAVE CHOSEN A KING FOR MYSELF AMONG HIS SONS. When he had gone, what is written (in I Sam. 16:6)? AND IT CAME TO PASS, WHEN HE HAD COME, THAT HE SAW ELIAB AND SAID: SURELY THE LORD'S ANOINTED IS STANDING BEFORE HIM. The Holy One said to him: Are you the one who said (in I Sam. 9:19): I AM THE SEER? (I Sam. 16:7:) DO NOT LOOK UPON HIS APPEARANCE…. And so also in the case of Jacob [and his children], they were prophets and sages, and nothing was hidden from them. When Joseph was sold, they did not know about him until the Holy One [wanted] < them to know >. Ergo (in Job 9:7): THE ONE WHO TELLS THE SUN NOT TO SHINE….

Ye shall hear the small and the great alike (ibid., v. 17). R. Simeon the son of Lakish said: A lawsuit involving a perutah must be considered as important as one involving a hundred maneh. Why need this be stated? Is this not a matter of course? It is mentioned simply to remind you to consider a case only in its proper order. One verse says: And I charged your judgments (Deut. 1:16), while another verse says: And I command you (ibid., v. 18). R. Simlai stated: These verses are a warning to the community to act respectfully to the judges who preside over it, and a warning to the judges to bear patiently with the community. To what extent? R. Hanan said that R. Shabbetai stated: As the nursing father carrieth the suckling child (Num. 11:12). Who is a shrewd scoundrel? R. Hanina says: One who explains his case to the judge before the other litigant arrives.

R. Judah the son of Lakish declared: If two men come before a judge to decide a case and one of them is easygoing, while the other is a harsh person, you are permitted to say to them: “I cannot become involved between you.” That is so if you have not yet heard their plea or even after you have heard their plea, but have not yet decided who is in the right. For if the harsh one should be found guilty, he might harm the judge. But if you have heard their plea and know which side the law favors, you are not permitted to say “I cannot become involved between you,” as it is said: Ye shall not be afraid of the face of any man (Deut. 1:17).

(Numb. 27:5:) “Moses brought their cause [before the Lord].” Some say that [God] made this become too hard for Moses, as there are righteous people that become [overly] proud in matters of a commandment, and [so] the Holy One, blessed be He, weakens their ability. You find that David said (in Ps. 119:54), “Your statutes were songs for me,” [meaning] they are light and customary for me like songs. The Holy One, blessed be He, said to him, “By your life, your end will be to err about something that [even] the schoolchildren know about.” At the time that he brought up the ark, he erred and put in on a cart, as stated (in II Sam. 6:3),” They loaded the ark of God onto a new cart.” [So God] suspended the ark in the air and the oxen became dislodged from under it. [Then] Uzzah approached to support it, but (according to II Sam. 6:7,) “God struck him down on the spot,” as an error in study is considered as wanton. Immediately (in II Sam. 6:8), “David was distressed because the Lord had inflicted a breach upon Uzzah.” [So] the Holy One, blessed be He, said to him, “Did you not say, ‘Your statutes were songs for me?’ Did you not learn (in Numb. 7:9), ‘But to the Kohathites he did not give; since theirs was the service of the [most] sacred objects, their porterage was by shoulder?’” [So David] began to ponder and say (in I Chron. 15:13), “The Lord our God burst out against us, for we did not seek Him like the law.” And so too, [this happened] with Moses. Because he said (in Deut. 1:17), “But the case which is too hard for you, you shall bring unto me and I will hear it,” the Holy One, blessed be He, weakened his ability.¹⁷Numb. R. 21:12; above, Gen. 10:6; Sifre to Deut. 1:17 (17); Sanh. 8a. The matter is comparable to a moneychanger who said to his student, “If coins come to you to be exchanged, exchange them, but if pearls should come to you, bring them to me.” [When] a ring of baubles came to him, [the student] brought it to [this] teacher. [But] then the teacher went and showed it to another [money changer]. So too here. Moses said (in Deut. 1:17), “The case which is too hard for you, you shall bring unto me and I will hear it.” [But] when the daughters of Zelophehad came to him, [God] made it too hard for him. (Numb. 27:5-7) “Moses brought their cause before the Lord. [And the Lord said…,] ‘The daughters of Zelophehad speak correctly,’” such is the law. The Holy One, blessed be He, said to him, “Did you not say (ibid.), ‘The case which is too hard for you, you shall bring unto me?’ In the case of the judgment which you do not know, see [that even] the women know it.”

(Numb. 27:5:) MOSES BROUGHT THEIR CAUSE <BEFORE THE LORD>. <This happened> according to what Moses said (in Deut. 1:17): BUT THE CASE WHICH IS TOO HARD FOR YOU <YOU SHALL BRING UNTO ME>.³⁴Tanh., Numb. 8:8 (end); Numb. R. 21:12; above, Gen. 10:6; Sifre to Deut. 1:17 (17); Sanh. 8a. <When> the daughters of Zelophehad came for a judgment, the Holy One said: Did you not say (ibid.): BUT THE CASE WHICH IS TOO HARD FOR YOU YOU SHALL BRING UNTO ME? In the case of the judgment which you do not know, see, the women have decided it.

Since wordlings increased the courts became deprived, and the deeds of man became corrupt and there is no satisfaction [to the Lord] in the world. Since respect for litigants increased at the courts, all mention of the following disappeared, (Deut. 1, 17) Ye shall not be afraid of any man, and application of, Ye shall not retpect person in judgment, ceased. People revoked from themselves the heavenly yoke, and placed, instead, upon themselves the yoke of frail man. Since the habit of whispering among the judge while sitting at court increased, the anger of the Lord waxed strong [for advising quietly, to each and every one, how to mistreat justice], and the Shechina departed from Israel, as it is said (Ps. 82, 1) In the midst of Judges does He judge. Since it increased, (Ez. 33, 31) While their heart goeth after their unlawful games, it increased, (Is. 5, 20) Woe unto those that say of the evil, it is good, and of the good, it is evil. Since those who say of the evil it is good, and of the good it is evil, grew more in numbers woes increased upon the world. Since those who draw with the increased spittle (assumed aristocratic airs), the scholars decreased and the Torah had to look after its students. Since haughty people increased, the daughters of Israel began to get married to them, which caused the entire generation to become a camouflage. Is that so, has not R. Mari said: "He who is boastful is not favored even by his own household, as it is said (Haba 2, 5) Ye, moreover, wine is a treacherous dealer; the haughty man abideth not; he who enlargeth his desire even in his own house will he not be tolerated, [hence we see that he is not beloved to anyone]? Indeed in the very beginning [not knowing the exact nature] people like such a man, but at the end he is despised by them. Since the custom of the judges to force goods on private people increased, [making people their mercantile agents or their customers], bribes and the wresting of judgment thereby increased and goodness ceased from Israel. When those who say 'I accept thy favors and I shall appreciate thy favors, became numerous [in official life]; then the custom to do whatever one pleased increased among the people. The lower class became exalted and the exalted became low and the kingdom became more and more corrupt. Since selfishness increased, robberies and the hard-hearted [that closed their hearts against the poor] became numerous, who closed their hands from lending to their friends increased, transgressing thereby the passage, (Deut. 15, 9) Beware that there be not a wicked thought in thy heart. Since those who receive presents increased, man's days decreased and his years were shortened because it is said (Pr. 15, 27) But he that hateth gifts will live. Since wantonness increased, the quarrels in Israel increased; since the disciples of Shammai and Hillel became numerous, dissension increased in Israel and the Torah became like two separate Torahth.

They said that He is merciful, but He is more than merely merciful, For the Lord thy God is a merciful God (Deut. 4:31); the Lord is full of compassion and gracious (Ps. 103:8); The Lord is good to all (ibid. 145:9); To the Lord our God belong compassion and forgiveness (Dan. 9:9). They said that He is a true judge (but He is more than a judge), for the Judgment is God’s (Deut. 1:17); God standeth in the congregation of God; in the midst of the judges He judgeth (Ps. 82:1). It says also: The Rock, His work is perfect; for all His ways are justice (ibid. 32:4). They said: He is faithful, yet He is more than simply faithful: The faithful God (ibid. 7:9); A God of faithfulness (ibid. 32:4). They said He is praiseworthy, but He is more than merely praiseworthy, as it is said: For who in the skies can be compared unto the Lord? (Ps. 89:7). It also says: A God dreaded in the council of the holy ones (Ps. 98:8); O Lord God of hosts, who is a mighty one like unto thee, O Lord? (ibid., v. 9); O Lord God of hosts, who is like unto thee among the gods, O Lord? (ibid. 86:8). It says likewise: My beloved is white and ruddy, His head is as the most fine gold. His hands are as rods of gold. His legs are as pillars of marble (Song 5:15).

(Devarim 1:17) "Do not play favorites in judgment": This is (addressed to) one who is appointed to seat judges. Lest you say: That man is comely; I will make him a judge — that man is strong; I will make him a judge — that man is my kinsman; I will make him a judge — that man lent me money; I will make him a judge — that man is multilingual; I will make him a judge — so that (in his innocence) he exonerates the guilty and incriminates the innocent — not because he is wicked, but because he does not know (the law), Scripture terms (appointing him as a judge) as "playing favorites in judgment."

“I saw all the work of God, as man is unable to discover the work that is performed under the sun. Although man toils to seek, he will not find; even if a wise man will wish to know, he will not be able to find” (Ecclesiastes 8:17).
“I saw all the work of God.”⁴⁶This is understood as a reference to mitzvot. The continuation of the verse indicates that man will never understand everything about Torah and mitzvot. Rabbi Pinḥas and Rabbi Yirmeya [said] in the name of Rabbi Ḥiyya bar Abba: Many sought to perform and fathom the Torah, but were unable to do so. What is the reason? “Although man toils to seek, he will not find.” “Even if a wise man will wish” – this is Solomon on the day that he said: I am able to amass⁴⁷Many wives. without straying.⁴⁸He did so despite it being contrary to the verse: “He shall not amass wives, and his heart will not stray” (Deuteronomy 17:17).
Rabbi Yehoshua of Sikhnin said in the name of Rabbi Levi: It is written: “Who renders princes into nothing” (Isaiah 40:23) – this is Moses. At the moment that he said: “The matter that is too difficult for you, [bring to me and I will hear it]” (Deuteronomy 1:17), the Holy One blessed be He said to him: ‘Moses, you judge the difficult [cases]? I will bring you a case that the disciple of your disciple can judge, and even women, but you will be unable to resolve it.’ Which [case] is that? This is the case of the daughters of Tzelofḥad. The Rabbis say: God forbid; Moses was not arrogant. Rather, this is what he said: “The matter that is too difficult for you” – if I have clear knowledge of it, “I will hear it.” If not, I will refer it to God.

12 And it is written (in Numb. 27:5) “Moses brought their cause [before the Lord]”: Some say that [God] made this become too hard for Moses, as there are righteous people that become [overly] proud in matters of a commandment, and [so] the Holy One, blessed be He, weakens their ability. You find that David said (in Ps. 119:54), “Your statutes were songs for me,” [meaning] they are light and customary for me like songs. The Holy One, blessed be He, said to him, “By your life, your end will be to err about something that [even] the schoolchildren know about.” At the time that he brought up the ark, he erred and put in on a cart, as stated (in II Sam. 6:3),” They loaded the ark of God onto a new cart.” [So God] suspended the ark in the air and the oxen became dislodged from under it. [Then] Uzzah approached to support it, but (according to II Sam. 6:7,) “God struck him down on the spot,” as an error in study is considered as wanton. Immediately (in II Sam. 6:8), “David was distressed because the Lord had inflicted a breach upon Uzzah.” [So] the Holy One, blessed be He, said to him, “Did you not say, ‘Your statutes were songs for me?’ Did you not learn (in Numb. 7:9), ‘But to the Kohathites he did not give; since theirs was the service of the [most] sacred objects, their porterage was by shoulder?’” [So David] began to ponder and say (in I Chron. 15:13), “The Lord our God burst out against us, for we did not seek Him like the law.” And so too, [this happened] with Moses. Because he said (in Deut. 1:17), “But the case which is too hard for you, you shall bring unto me and I will hear it,” [the Holy One, blessed be He,] weakened his ability.¹³ Sifre to Deut. 1:17 (17); Sanh. 8a. The matter is comparable to a moneychanger who said to his student, “If coins come to you to be exchanged, exchange them, but if pearls should come to you, bring them to me.” [When] a ring of baubles came to him, [the student] brought it to [this] teacher. [But] then the teacher went and showed it to another [money changer]. So too here. Moses said (in Deut. 1:17), “The case which is too hard for you, [you shall bring unto me and I will hear it].” [But] when the daughters of Zelophehad came to him, [God] made it too hard for him. (Numb. 27:5-7) “And Moses brought their cause before the Lord. [And the Lord said…,] ‘The daughters of Zelophehad speak correctly,’” such is the law. The Holy One, blessed be He, said to him, “Did you not say (ibid.), ‘The case which is too hard for you, [you shall bring unto me]?’ In the case of the judgment which you do not know, [see that even] the women determine it.” 13 Another interpretation (of Numb. 27:5), “Moses brought their cause [before the Lord]”: R. Simeon ben Laqish said, “Our master Moses knew this judgment, but they first came before chiefs of tens. They said to them, ‘It is a judgment concerning inheritance, and this is not for us but for those greater than us.’ They came before the chiefs of fifties. [When] they saw that the chiefs of ten had shown them honor, the chiefs of fifty said, ‘[In our case] also there are those greater than us.’ So also [they came before] the chiefs of hundreds, the chiefs of thousands, and the princes. They all responded to them in a similar way, because they did not want to open their mouths before one who was greater than them. [So] they went in front of Elazar. He said to them, Behold there is Moses our teacher’ These and those came in front of Moses. Moses said, ‘If I tell them the decision, I shall be appropriating the greatness.’ He said to them, ‘In my case also there is One greater than I.’ Therefore (in Numb. 27:5), ‘Moses brought their cause [before the Lord].’” He answered him with (in vs. 7), “The daughters of Zelophehad speak correctly.” Thus the Holy One, blessed be He, acknowledged their utterance. (Numb. 27:7, cont.) “You shall indeed grant them [possession of an inheritance among the brothers of their father]”: Give them [also] chattel and their father's birthright in the assets of Hepher. They took three portions: The portion of their father, who was among those who had come out from Egypt; his portion with his brothers in the assets of Hepher; and since he was the first born, he took two portions. Another interpretation (of Numb. 27:7), “you shall indeed grant them [possession of an inheritance among the brothers of their father]”: After they [already] received [their share] on the other side of the Jordan, they came before Joshua and Elazar in the land of Canaan, as stated (in Josh. 17:4), “Now they (i.e., the daughters of Zelophehad) came before Elazar the priest, Joshua ben Nun, and the princes and said, ‘The Lord commanded Moses [to give us an inheritance along with our male kin’].” Moreover, our ancestor Jacob also knew that they were receiving [an inheritance] on this side [of the Jordan as well as on that side], since it is stated (in Gen. 49:22), “daughters¹⁴English versions generally read “boughs” or the like. step over a wall.” This [wall] is the Jordan, which became a wall [for Moses] so that he would not enter the land. Thus Jacob said to Joseph, “Your daughters shall receive a share on this [side of the Jordan] as well as on that [side].” (Numb. 27:7, cont.) “And you shall transfer to them the inheritance of their father”: With reference to inheritance of a son it is stated (in vs. 9), “and you shall give,” but with reference to a daughter, [it says (in vs. 8),] “and you shall transfer.”¹⁵The Hebrew is slightly different here from what is written in vs. 7. There the word you is singular while here the “you” is plural, as in vs. 8. Thus she may transfer an inheritance from tribe to tribe.¹⁶So BB 109b. (Numb. 27:11) “And it shall be a statutory judgment for the Children of Israel”: [The word judgment] teaches that inheritances [can only] be carried out through judges.