Midrash su Deuteronomio 16:18

(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].”

(Exodus 15:1) "Az yashir Mosheh": Az ("then") sometimes signals the past and sometimes signals the future. The past: (Genesis 4:26) "Az men began", (Exodus 4:26) "Az she said", (Exodus 15:1) "Az Moses sang", (Numbers 21:17) "Az Israel sang", (Joshua 10:12) "Az Joshua spoke", (I Chronicles 15:2) "Az David said", (I Kings 8:12) "Az Solomon said." And sometimes "Az" signals the future, viz.: Isaiah 60:5) "Az you will see and flow", (Ibid. 58:8) "Az your light shall break forth as the morning", "Then there shall be opened", (Ibid. 35:6) "Az the lame man shall leap as a hart", (Ibid. 5) (Jeremiah 31:12) "Az the virgin will rejoice in the dance", (Psalms 126:2) "Az our mouth will be filled with laughter", (Ibid.) "Az they will say among the nations." Variantly: It is not written "Then Moses sang," but then Moses will sing" — whence we derive the resurrection from Scripture. (Exodus 15:1) "Moses and the children of Israel": Moses was equivalent to all of Israel, and all of Israel, to Moses, when they sang the song. Variantly: "Moses and the children of Israel": We are hereby apprised that Moses chanted the song opposite all of Israel (i.e., that his voice was over and against those of all of Israel.) "this song": There are ten "songs." The first, that sung in Egypt, viz. (Isaiah 30:29) "The song (of Sancherev's destruction [on Pesach night]) will be to you as that of the night on which you sanctified the festival (Pesach [in Egypt]), etc." The second, that of the sea — "Then Moses sang." The third, that of the well (Numbers 21:17) "Then Israel sang." The fourth, that of Moses, viz. (Devarim 31:22) "And Moses wrote this song (32:1-43). The fifth, that of Joshua, viz. (Joshua 10:12) "Then Joshua spoke to the L rd on the day the L rd delivered, etc." The sixth, that of Devorah and Barak, viz. (Judges 5:1) "And Devorah and Barak the son of Avinoam sang, etc." The seventh, that of David, viz. (II Samuel 22:1) "And David spoke to the L rd the words of this song, etc." The eighth, that of Solomon, viz. (Psalms 30:1) "A psalm, a song of the inauguration of the Temple of David." Now did David built it? Did not Solomon build it? viz. (I Kings 6:14) "And Solomon built the Temple." Why, then, is it written "A psalm, a song of the inauguration of the Temple of David? But because David devoted his life to building it, it was called by his name. Similarly, (Psalms 132:1-6) "Remember, O L rd, unto David, al of his tribulation (in seeking a place for Your sanctuary), which, (to find the place,) he swore to the L rd, vowed to the Strength of Jacob: Forefend that I came to the test of my habitation (my palace), that I go up on the bed spread out before me, that I give (superfluous) sleep to my eyes or slumber to my lids, before I find the (fore-ordained) place for (the Temple of) the L rd, the habitation of the Strength of Jacob. We had heard it (that place) to be in Efrat (the most select of places), and, lo, we have found it in the fields of the forest (in the boundary of Benjamin, who is likened to a beast of the forest" [viz. Genesis 49:27]). And what is written afterwards? (I Kings 12:16) "See your house, O David." Because David devoted his life to it, it was called by his name. And thus you find that whatever a man devotes his life to is called by his name. Moses devoted his life to three things, and they were (all) called by his name. He devoted his life to Torah and it was called by his name, viz. (Malachi 3:22) "Remember the Torah of Moses, My servant." Now is it not the Torah of G d? viz. (Psalms 19:8) "The Torah of the L rd is whole, restoring the soul." How, then, are we to understand "the Torah of Moses, My servant"? Because he devoted his life to it, it is called by his name. And whence do we find that he gave his life for Torah? In (Exodus 34:28) "And he was there with the L rd (to receive the Torah) … Bread he did not eat, etc." And it is written (Devarim 9:10) "And I stayed on the mountain forty days and forty nights, etc." — Because he devoted his life to Torah, it was called by his name. Because he devoted his life to Israel, they were called by his name, viz. (Exodus 32:7) "Go, descend, for your people have wrought corruptly." Now are they not the people of the L rd? viz. (Devarim 9:29) "For they are Your people and Your inheritance," and (Ezekiel 36:20) "… when it was said of them: These are the people of the L rd, and they came out of His land." How, then, are we to understand "Go, descend, for your people have wrought corruptly"? Because he devoted his life to them, they were called by his name. And whence do we find that he devoted his life to them? In (Exodus 2:11) "And it was in those days that Moses grew, and he went out to his brothers and he saw their toils," and (bid. 12) "And he turned here and there (… and he smote the Egyptian, etc.") Because he devoted his life to them, they were called by his name. He devoted his life to the judges, and they were called by his name, viz. (Devarim 16:18) "Judges and officers shall you appoint for yourself in all of your gates." Now is justice not the L rd's? How, then, are we to understand "shall you appoint for yourself"? Because he devoted his life to them, they were called by his name. And whence is it derived that he devoted his life to them? From (Exodus 2:13-17) "And he went out on the second day … and he said "Who made you an officer and a judge over us? … And Pharaoh heard … And the priest of Midian had seven daughters … And the shepherds came and drove them away. Because he devoted his life to them, they were called by his name. The ninth (song): (II Chronicles 20:21) "And he (Yehoshafat) took counsel with the people, and he set up singes to the L rd and lauders of (His) majestic holiness. When they went out before the vanguard (of the army) they said; 'Give thanks to the L rd, for His lovingkindness is forever!'" Why is this thanksgiving different from all the other sin the Torah, where it is written "Give thanks to the L rd for (the good, for His lovingkindness is forever"? __ It is to say, as it were, that there is no rejoicing before Him over the destruction of the wicked. If over that of the wicked there is no rejoicing, how much more so (is there grief) over that of the righteous, one of whom is over and against the entire world, viz. (Mishlei 10:25) "And the righteous one is the foundation of the world." The tenth (song) in time to come, viz. (Isaiah 42;10) "Sing to the L rd a new song, His praise from the end of the earth (Ibid. 48:42) "Say: The L rd has redeemed His servant Jacob. All of the (other) songs are denominated in the feminine ("zoth"). Just as a female bears (and then travails again), so, the past salivations were followed by subjugation. But the future (ultimate) redemption will not be followed by subjugation — wherefore it is denominated in the masculine ("zeh" [viz. Isaiah 26:1]). As it is written (Jeremiah 30:6) "Ask now and see if a male has ever given birth. Why, then, do I see that every man puts his hands upon his loins (as a woman giving birth?") For just as a male does not bear (and thus travail), so, the future redemption will not be followed by subjugation. As it is written (Isaiah 45:17) "Israel will be saved by the L rd, an eternal salvation. You will not be ashamed or abashed forever."