מדרש על שמואל ב 8:15

(Deut. 16:18:) <YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES IN ALL YOUR GATES¹In 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. 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,²Tanh., Deut. 5:1. 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,³Arka’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?⁴Cf. I Corinthians 6:1–6. 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.⁵The 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. <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.⁶Sanh. 4:1. 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:⁷Sanh. 5:1. 1. In what week,⁸I.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. On what day (of the week)?⁹Cf. Sanh. 5:1 and Tanh., Deut. 5:1, both of which add here: In what hour? 6. In what place? 7. Have you forewarned him?¹⁰This last query is one of various supplemental questions listed in Sanh. 5:1 and Tanh., Deut. 5:1. And so you find among the leaders¹¹Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.¹²I.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}¹³The 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. ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE.

(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].”

(Deut. 16:18:) <YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES>: JUDGES operate in courts, and LAW OFFICERS operate in the community.¹⁸Tanh., Deut. 5:2; cf. 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 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 office¹⁹Siteno, 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}²⁰The 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. 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.

[(Gen. 24:1:) NOW ABRAHAM WAS OLD.] Come and see: From Adam even to Abraham there are twenty generation, but there is no < mention of > old age written about < any of > them except about him.¹⁷BM 87a; Sanh. 107b; Gen. R. 59:6; 65:9; below, 6:7; PRE 52. They sired children and grandchildren, but one did not recognize which was the son and which was the father. Also the children were striking the fathers without knowing it, as stated (in Ps. 78:33): SO HE ENDED THEIR DAYS IN FUTILITY AND THEIR YEARS IN TERROR, because they were all alike until Abraham came along. Then the Holy One gave him this < gray > crown which is an ornament for when one becomes old. And when did it come over him? When he practiced righteousness, since it is stated (in Prov. 16:31): GRAY HAIR IS A CROWN OF GLORY. And how do you find it? (Ibid., cont.:) IT IS FOUND BY WAY OF RIGHTEOUSNESS. To whom does this < verse > refer? To Abraham, concerning whom it is written (in Gen. 18:19): FOR I HAVE CHOSEN HIM SO THAT HE MAY CHARGE < HIS CHILDREN AND HIS HOUSEHOLD AFTER HIM TO KEEP THE WAY OF THE LORD, TO PRACTICE RIGHTEOUSNESS AND JUSTICE >…. The Holy One said to him: By your life, you are worthy of an old age. It is therefore stated (in Gen. 24:1): NOW ABRAHAM WAS OLD. Now David also received this crown, as stated (in I Kings 1:1): NOW KING DAVID WAS OLD. Why? Because he had acted according to Abraham's standard, as stated (in II Sam. 8:15): AND DAVID PRACTICED JUSTICE AND RIGHTEOUSNESS TOWARD ALL HIS PEOPLE. It is therefore stated (in Prov. 16:31): GRAY HAIR IS A CROWN OF GLORY.

This is what Scripture says. "To do what is right and just is more desired by the Lord than sacrifice." (Prov. 21:3) Scripture does not say, "as much as sacrifice", but "more than sacrifice." How so?Whereas sacrifices could only function inside the Temple, to do what is right and just is mandated inside and outside the Temple. Another opinion: whereas sacrifices could only atone for unintentional, accidental sins, acts of righteousness and justice atone even for intentional sins. Another opinion: whereas sacrifices are offered only by humanity, even God is obligated to practice justice and righteousness. Another opinion: whereas sacrifices are significant only in this world, righteousness and justice will remain a cornerstone in the Coming World. Rabbi Shmuel ben Nachmani said: When the Holy One of Blessing said to Natan (I Chronicles 17:3-5): "Go and tell David My servant: Thus saith the LORD: Thou shalt not build Me a house to dwell in for I have not dwelt in a house since the day that I brought up Israel, unto this day; but have [gone] from tent to tent, and from one tabernacle [to another]" If a person wanted to curse David, what would he do? He would say to David: It would be good if you built the House. You should know what David's answer was: (Ps. 122) 'I was glad when they said to me, let's go to the House of Hashem'.