מדרש על שמואל ב 8:16

(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].

All the Amoraim mentioned above differ with R. Abba b. Cahana who said: "If not for Joab, David would not have been able to occupy himself with the Law; and if not for David, Joab would not have been able to wage the war, as it is written (II. Sam. 8, 16) And David did what is just and right unto all his people. And Joab the son of Zeruyah was over the army; i.e., why was David able to do what is just and right? Because Joab was commander of the army. And why was Joab successful with the army? Because David did what is just and right." (Ib. 3, 26) And Joab went out from David and he sent messengers after Abner who brought him back from the well of Sirah. What does well of Sirah mean? R. Abba b. Cahana said: "The well refers to the pitcher of water which David took from under the head of saul (I Sam 26, 12); and Sirah (thorn), refers to the piece of cloth which David cut off from the garment of Saul (Ib. 24, 27), which were good reasons for Abner to reconcile Saul with David, if he should have cared. (Ib., ib. 27) Joab took him aside in the gate, to speak with him in private. R. Jochanan said: "He was convicted after a real trial as if before the Sanhedrin. Abner was asked: "Why have you killed Asahel?" "Because he was a Rodeph." "But you could have saved yourself by having struck him merely in one of his limbs [warded him off you]?" Joab asked Abner. Whereupon he answered: "I could not have done so." "But if you were able to determine to strike him exactly in the fifth rib how could you not have done so to any other member?" "To speak with him privately." R. Juda said in the name of Rab that he spake with him concerning the shoe [of a Yebama]. And he smote him in the fifth rib. R. Jochanan said: "In the fifth rib where the bile and the liver are attached." (I Kings 2, 32) And may the Lord bring back his blood guiltiness upon his own head, because he fell upon two men more righteous and better than he. More righteous? Because they were commanded verbally [to kill the priests of Nob] and did not listen, and Joab was commanded in a letted to kill Uriah, and he listened. (Ib., ib. 34) And he was buried in his own house in the wilderness. Was then his house in the wilderness? R. Juda said in the name of Rab: "Like a wilderness it was ownerless, and everyone who wishes can derive a benefit from it, so was the house of Joab." According to others: As a desert is free of robbery and adultery, so was the house of Joab. (I Chr. 11, 8) And Joab repaired the rest of the city. Said R. Juda in the name of Rab: "Even brine and hashed fish he used to taste and give it to the poor."