Midrash su Deuteronomio 5:1

(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.

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.¹⁴Note 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 LORD¹⁵The fact that the divine name (LORD) is used here, indicates a biblical citation. The expression is found in various places, but the midrash probably adopts the wording from the verse just cited (II Chron. 17:6), which begins: HIS (i.e., Jehoshaphat’s) HEART WAS EXALTED IN THE WAYS OF THE LORD. AND TO KEEP THE WAY OF THE LORD.¹⁶The mention of keeping the WAY OF THE LORD, is found in various places, but this exact Hebrew citation only occurs in Gen. 18:19 with reference to Abraham’s posterity, a citation given more fully in the parallel from Tanh., Deut. 5:1. (II Chron. 19:6–7:) THEN HE SAID UNTO THE JUDGES: CONSIDER WHAT YOU ARE DOING, SINCE YOU JUDGE NOT FOR HUMANS BUT FOR THE LORD. SO NOW LET THE FEAR OF THE LORD BE UPON YOU. TAKE CARE WHEN YOU ACT, FOR WITH THE LORD OUR GOD THERE IS NO INJUSTICE, PARTIALITY, OR TAKING A BRIBE. Now if Moses our Master, who was not commanded concerning Judges,—rather Jethro told him (in Exod. 18:21): YOU SHALL SEEK OUT <ABLE MEN> FROM AMONG ALL THE PEOPLE…, —<if he> convened a sanhedrin¹⁷Gk.: synedrion. for Israel, 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. 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. A 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; but Jeremiah said this 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 swore that he himself would exact retribution from them and from their 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, since it is stated (in I Sam. 21:8 [7]): THE MOST MIGHTY OF THE SHEPHERDS THAT BELONG TO SAUL. <This is> to teach you that the Holy One became an Av bet Din in order to exact vengeance from them. And where is it shown? Where the text speaks 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. 5:1) I AM THE LORD YOUR GOD. Why did <Moses> begin with the word <YOUR> in the singular and not say, "Your God" (with "your" in the plural)? Rabbi Simeon has said: In order to give a defence,¹⁷Gk.: synegoria. in which Moses argued a defence (before the Holy One) for the act of the <golden> calf. He said to him: Why are you angry? (Exod. 32:11:) WHY, [O LORD], DOES YOUR WRATH BURN AGAINST YOUR PEOPLE? Have you given them some commandment?¹⁸The making of the golden calf took place before the people had received any commandments at Sinai.

(Fol. 109) Bar Kapara was taught: "Always shall a man adhere to three things and keep aloof from three things. He should adhere to three things: Chalitza, to bring peace [between men and men,] and to declare a vow void." Chalitza, refers to Abba Saul; for we are taught in a Baraitha Abba Saul says: "Whoever marries his Yebama because she is a beautiful woman, or because he desires to have her as his wife, or for any other ulterior motive is just as if he came in contact with an Ervah, and it suggests in my eye (opinion) that the child is a Mamzer." Hence Chalitza is much preferable]; to bring peace, as it is written (Ps. 34, 10) Seek peace and pursue it, (Ib. b) and R. Aba said: "We infer through the analogy of [the two words] R'diffa; i.e., it is written here Seek peace and pursue it (v'radfehu), and it is written there (Pr. 21, 21) He that pursueth (rodef) righteousness and kindness will find life, righteousness and honor." To declare a vow void refers to that of R. Nathan. For we are taught R. Nathan says: "Whoever makes a vow is as if he built a heathenish altar, and whoever fulfills a vow is as if he brought a heathenish sacrifice upon it." And one should keep aloof from three [other] things — from Miun, from receiving trusts and from acting as security. From Miun, because she might regret when she becomes matured [and thus renders her Miun unfavorably.] From receiving trust. This applies only from one who resides in the same town, for the trustee's house is familiar to the depositor [and knows all the interior and he may thus take away the article and afterwards demand it again.] From going security, refers to a Shaltsiyon guarantee, for R. Isaac said: "What does the passage (Ps. 11, 15) With evil will he be overwhelmed that is surety for a stranger, mean? Evil upon evil will overwhelm him who accepts proselytes; who becomes a guarantee of Shaltsiyon and who devotes all his attention to the letter of the law." He who accepts proselytes, refers to R. Chelbo, for R. Chelbo said: "Proselytes are as bad to Israel as a sore on the skin." A guarantor of Shaltsiyon, where they practice "release and seize;" (release the debtor and seize the guarantor). He who devotes all his attention to the letter of the law, as we are taught that R. Josi says: "Whoever says he does not study the Torah will not get the reward for it [for its study."] Is this not self-evident? We must therefore say that he means thus: "Whoever says that he cares for nothing else except to study the Torah will receive reward for nothing else except for the study of the Torah." Is this also not a matter of course? We must therefore say that he meant to say thus: "He will not be rewarded even for the studying of the Torah." Why so? Said R. Papa: "Because the passage says (Deut. 5, 1) That ye may learn them and that ye may observe them; i.e., whoever is included in the part to observe them, will be rewarded for ye may learn them; but whoever is not included in the part to observe them will also not be rewarded for ye may learn them. And if you wish, I may explain it as before: Whoever says he has nothing else but the Torah will be rewarded for nothing else but for the Torah, and as to your question, "Is this not a matter of course?" it would not have been necessary if not for the instance that he teaches to others who perform deeds as well, one might think that he should be rewarded for this [as being the cause of it.] The passage therefore informs us that he has no other reward but for his study. And if you wish I may explain, "he who lives up to the letter of the law," refers to a judge before whom a case comes and he decides it in accordance to a tradition drawn by analogy, failing to consult a greater scholar who is present. For R. Samuel b. Nachman said in the name of R. Jonathan: "A judge should always consider as if a sword lay between his thighs, and as if Gehenna were open under him, as it is said (Songs 3, 7-8) Behold it is the bed which is Solomon's; sixty valiant men are around about it of the valiant ones of Israel ............... because of the terror in the night; i.e., because of the terror of Gehenna which is equal to the night."

(Devarim 11:13) "And it shall be, if hearken you shall hearken to My mitzvoth": Because it is written (Ibid. 5:1) "And you shall learn them (the mitzvoth) and you shall heed them to do them," I might think that there is no obligation for learning until there is an obligation for doing; it is, therefore, written (the redundant) "if hearken (i.e., learn) you shall hearken," Scripture indicating that the obligation for learning is immediate.