הִתְמַהְמְה֣וּ וּתְמָ֔הוּ הִשְׁתַּֽעַשְׁע֖וּ וָשֹׁ֑עוּ שָֽׁכְר֣וּ וְלֹא־יַ֔יִן נָע֖וּ וְלֹ֥א שֵׁכָֽר׃
Termenunglah dan tercenganglah! Butakanlah dirimu dan jadilah buta! Mereka mabuk, tetapi bukan karena anggur; mereka terhuyung-huyung, tetapi bukan karena minuman keras.
Rabbeinu Bahya
Our sages of old considered the sin of submitting inter-Jewish disputes to gentile jurisdiction as consisting of a number of violations of the Torah. The author proceeds to illustrate this by means of an example:
It is generally admitted that murder is one of the most severe offenses that man can commit and the Torah punishes it severely. It is a facet of the seven Noachide commandments concerning which the Torah wrote that he who spills the blood of a human being will have his own blood spilled by the hands of humans (Genesis 9,6). Sanhedrin 37 points out that by killing a single human being, very often all his potential offspring is also “killed,” i.e. prevented from ever being born. In other words, it is impossible to know the number of potential human beings who are denied life through the murder of a single human being. There was a time when Adam was the only inhabitant of the universe. Had someone, even an animal, killed him at that stage the human race would have been wiped out through a single act of murder. This puts into perspective the famous saying of our sages that anyone who kills a single human being is viewed as if he had murdered a whole world full of human beings (Sanhedrin 37). The reverse is true of someone who saves the life of even a single person. By doing so, he may be equivalent to saving the entire human race. All of this brings home to you the enormity of the crime of killing a single human being without due process of law. In spite of the severity of the crime of murder, the crime of robbery and desecration of the Holy Name of G’d is considered as even more serious. The sin of murder is subject to forgiveness if the murderer repents truly as we know from Kayin who murdered his brother Hevel and who repented and was forgiven (compare Pirke d'Rabbi Eliezer who takes the words (Genesis 4,13: “my guilt is too heavy to bear” as proof of Kayin’s repentance). Not so the sin of robbery. Repentance does not wipe out the sin of robbery unless the robber had first restored the property in question to the victim. If no restitution is made his sin will never be forgiven. The same applies to the sin of desecrating the name of the Lord. This is a sin more serious than any of those punishable by death at the hands of a human tribunal or even at the hands of G’d, i.e. karet. Our sages (Yuma 86) state that if someone is guilty of a sin for which the death penalty by execution or karet is mandatory (but has not been carried out) and the sinner has repented and Yom Kippur has passed before he died or has been executed, (if there were no witnesses, or similar) then his repentance may achieve a suspended sentence and the afflictions he suffers in this world may eventually wipe out his guilt. If, however, he is guilty of desecrating the name of the Lord, none of these measures will help him achieve atonement. Only his death may eventually atone for his sin. Our sages base this on Isaiah 22,14: “then the Lord of Hosts revealed to my ears; this iniquity shall never be forgiven you until you die.” Anyone who submits inter-Jewish disputes to a gentile tribunal thereby becomes guilty (at least inadvertently) of both the sin of robbery and the sin of desecrating the Lord’s name (whose judges he rejected by implying that G’d’s justice is defective). By going to pagan judges to seek justice one enhances the reputation of pagan religions and their deities in whose name justice is meted out.
The Torah (Deut. 32,31 ) has said: “for their Rock is not like our Rock, yet our enemies judge us.” The Torah means: “when our enemies act as our judges.” Anyone who voluntarily chooses non-Jewish courts and has read the passage we cited displays drunkenness and total confusion in his thinking. This is what Isaiah 29,9 had in mind when he spoke of: ”they are drunk but not from wine, they stagger but not from liquor.” People who act in this manner abandon primary pillars of Judaism in the hope of securing or retaining secondary values (the money or property under dispute). This is considered robbery in the true sense of the word. David (Psalms 16,4) had this to say about this kind of behavior: ירבו עצבותם אחר מהרו, “those who have other gods will suffer many afflictions for the sake of mohar, financial gain” (compare Rashi on that verse).
Turning to non-Jewish courts is also considered an act of robbery. One commits unknowingly complete robbery if he is awarded money or property by that court. Seeing the recipient of such a reward considers the money so obtained as rightfully his, he will never restore it to the true owner and will remain guilty of this act of robbery. This is why he will never be forgiven.
Concerning the word תשים, “you will place,” an unusual word to say the least, this is to teach the judges to whom this paragraph is primarily addressed, to explain the basis for their judgment to the litigants. They have to explain which proof convinced them to rule as they did. Our sages (Sanhedrin 31) say that the word תשים is equivalent to the loser telling the judge: “please write down for me on the basis of which halachah in the Torah you have decided in favor of my adversary.”
It is generally admitted that murder is one of the most severe offenses that man can commit and the Torah punishes it severely. It is a facet of the seven Noachide commandments concerning which the Torah wrote that he who spills the blood of a human being will have his own blood spilled by the hands of humans (Genesis 9,6). Sanhedrin 37 points out that by killing a single human being, very often all his potential offspring is also “killed,” i.e. prevented from ever being born. In other words, it is impossible to know the number of potential human beings who are denied life through the murder of a single human being. There was a time when Adam was the only inhabitant of the universe. Had someone, even an animal, killed him at that stage the human race would have been wiped out through a single act of murder. This puts into perspective the famous saying of our sages that anyone who kills a single human being is viewed as if he had murdered a whole world full of human beings (Sanhedrin 37). The reverse is true of someone who saves the life of even a single person. By doing so, he may be equivalent to saving the entire human race. All of this brings home to you the enormity of the crime of killing a single human being without due process of law. In spite of the severity of the crime of murder, the crime of robbery and desecration of the Holy Name of G’d is considered as even more serious. The sin of murder is subject to forgiveness if the murderer repents truly as we know from Kayin who murdered his brother Hevel and who repented and was forgiven (compare Pirke d'Rabbi Eliezer who takes the words (Genesis 4,13: “my guilt is too heavy to bear” as proof of Kayin’s repentance). Not so the sin of robbery. Repentance does not wipe out the sin of robbery unless the robber had first restored the property in question to the victim. If no restitution is made his sin will never be forgiven. The same applies to the sin of desecrating the name of the Lord. This is a sin more serious than any of those punishable by death at the hands of a human tribunal or even at the hands of G’d, i.e. karet. Our sages (Yuma 86) state that if someone is guilty of a sin for which the death penalty by execution or karet is mandatory (but has not been carried out) and the sinner has repented and Yom Kippur has passed before he died or has been executed, (if there were no witnesses, or similar) then his repentance may achieve a suspended sentence and the afflictions he suffers in this world may eventually wipe out his guilt. If, however, he is guilty of desecrating the name of the Lord, none of these measures will help him achieve atonement. Only his death may eventually atone for his sin. Our sages base this on Isaiah 22,14: “then the Lord of Hosts revealed to my ears; this iniquity shall never be forgiven you until you die.” Anyone who submits inter-Jewish disputes to a gentile tribunal thereby becomes guilty (at least inadvertently) of both the sin of robbery and the sin of desecrating the Lord’s name (whose judges he rejected by implying that G’d’s justice is defective). By going to pagan judges to seek justice one enhances the reputation of pagan religions and their deities in whose name justice is meted out.
The Torah (Deut. 32,31 ) has said: “for their Rock is not like our Rock, yet our enemies judge us.” The Torah means: “when our enemies act as our judges.” Anyone who voluntarily chooses non-Jewish courts and has read the passage we cited displays drunkenness and total confusion in his thinking. This is what Isaiah 29,9 had in mind when he spoke of: ”they are drunk but not from wine, they stagger but not from liquor.” People who act in this manner abandon primary pillars of Judaism in the hope of securing or retaining secondary values (the money or property under dispute). This is considered robbery in the true sense of the word. David (Psalms 16,4) had this to say about this kind of behavior: ירבו עצבותם אחר מהרו, “those who have other gods will suffer many afflictions for the sake of mohar, financial gain” (compare Rashi on that verse).
Turning to non-Jewish courts is also considered an act of robbery. One commits unknowingly complete robbery if he is awarded money or property by that court. Seeing the recipient of such a reward considers the money so obtained as rightfully his, he will never restore it to the true owner and will remain guilty of this act of robbery. This is why he will never be forgiven.
Concerning the word תשים, “you will place,” an unusual word to say the least, this is to teach the judges to whom this paragraph is primarily addressed, to explain the basis for their judgment to the litigants. They have to explain which proof convinced them to rule as they did. Our sages (Sanhedrin 31) say that the word תשים is equivalent to the loser telling the judge: “please write down for me on the basis of which halachah in the Torah you have decided in favor of my adversary.”