Midrash su Ezechiele 22:23

(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].”

“Your eyes are doves” – your eyes are the Sanhedrin, who are the eyes of the congregation. That is what is written: “It shall be, if from the eyes of the congregation” (Numbers 15:24). There are two hundred and forty-eight limbs in a person, and all of them come and go only after the eyes. So too, Israel is unable to do anything without their Sanhedrin. “Doves” – just as this dove is faultless, so too, Israel is pleasant as they walk when they ascend on the occasions of the pilgrimage festivals. Just as the dove is conspicuous, so too, Israel is conspicuous in haircut, circumcision, and ritual fringes. Just as the dove is modest, so too, Israel is modest. Just as a dove extends its neck for slaughter, so too, Israel: “For we are killed for You all day” (Psalms 44:23). Just as the dove atones for evils, so too, Israel atones for the nations, as all the seventy bulls that they sacrifice on the festival [of Sukkot] correspond to the seventy nations, so that the world will not be bereft of them. That is what is written: “In return for my love, they accuse me; but I am all prayer” (Psalms 109:4).
Just as the dove, from the time it meets its mate, it does not exchange it for another, so too Israel, from the time they came to know the Holy One blessed be He, they did not exchange Him for another. Just as the dove enters its nest and knows its nest, its dovecote, its fledglings, its chicks, and its windows, so are the three rows of Torah scholars when they sit before them,⁵Three rows of scholars would sit before the members of the Sanhedrin when the Sanhedrin would deliberate. When new judges for the Sanhedrin were needed, they were chosen from these scholars (see Sanhedrin 37a). each and every one knows his place. Just as the dove, even though you take its fledglings from beneath it, it will never forsake its dovecote, so too Israel, even though the Temple was destroyed, the three annual pilgrimage festivals were not abrogated. Just as the dove produces a new brood each and every month, so too Israel renew for themselves Torah, mitzvot, and good deeds each month. Just as the dove travels far afield and returns to its dovecote, so too Israel; that is what is written: “They will stir like a bird from Egypt” (Hosea 11:11) – this is the generation of the wilderness; “and like a dove from the land of Assyria” (Hosea 11:11) – these are the Ten Tribes. These and those, “I will settle them in their houses, the utterance of the Lord” (Hosea 11:11).
Rabbi says: There is a type of dove that they feed it, and its counterparts smell it and come to its dovecote. So too, when an elder sits and teaches, many proselytes convert at that time, such as Yitro, who heard and came, and Raḥav heard and came. So too Ḥananya, Mishael, and Azarya, many proselytes converted at that time. What is the reason? “When he sees his children” (Isaiah 29:23); what is written thereafter? “Those of misguided spirit will attain understanding” (Isaiah 29:24).
Rabbi [Yehuda HaNasi] was sitting and expounding, and the audience was dozing. He sought to rouse them. He said: A certain woman in Egypt bore six hundred thousand in a single womb. There was one student there, Rabbi Yishmael ben Rabbi Yosei was his name. He said to [Rabbi]: ‘For whom was it so?’ [Rabbi] said to him: ‘This is Yokheved, who bore Moses, who is the equivalent of six hundred thousand of Israel. That is what is written: “Then sang Moses and the children of Israel” (Exodus 15:1). “The children of Israel did according to everything that the Lord commanded Moses, so they did” (Numbers 1:54).⁶The verse does not say that God commanded Israel, but rather that He commanded Moses and Israel did what He commanded. “There has not arisen another prophet in Israel like Moses” (Deuteronomy 34:10).’⁷The verse is formulated such that the last phrase quoted here can be translated as “Israel is like Moses.”
“Your eyes are doves” – like doves; your characteristic is like that of a dove; just as this dove brought light to the world, so too, Israel brings light to the world, as it is stated: “Nations will walk by your light” (Isaiah 60:3). When did the dove bring light to the world? In the days of Noah. That is what is written: “The dove came to him in the evening, and there was an olive leaf plucked in its mouth…” (Genesis 8:11). What is plucked [taraf]? Dead, just as you say: “Joseph has been torn apart [tarof toraf]” (Genesis 37:33). Rabbi Berekhya said: Had it not killed it,⁸Had the dove not plucked the olive leaf. it would have become a great tree.
From where did it bring it? Rabbi Levi said: It brought it from the branches of the Land of Israel. That is what people say: The Land of Israel was not stricken with the water of the Flood. That is what was stated by Ezekiel: “Son of man, say to it: You are a land that has not been cleansed, that has not been rained upon on the day of fury” (Ezekiel 22:24). Rabbi Yoḥanan said: Even the upper millstones were dissolved in the water.⁹This strengthens the question: If the destruction was so great, where did the dove find an olive branch (Maharzu). Alternatively, this supports Rabbi Levi’s answer: Since the destruction was so great, it must be that the olive branch was found in a place that remained unaffected by the Flood (Etz Yosef). Rabbi Taryi said: The gates of The Garden of Eden were opened for it, and from there it brought it. Rabbi Aivu said to him: Had it brought it from the Garden of Eden, should it not have brought a quality item such as cinnamon or balsam? Rather, it was hinting to Noah as though saying to him: My master Noah, [it is preferable to have] something bitter like this from the hand of the Holy One blessed be He and not something sweet from you.

R. Isaac said in the name of R. Johanan: Observe what is written in the verse: The priests have done violence to My law, and have profaned My holy things (Ezek. 22:26). How did they do that? They have not distinguished between the holy and the common, neither have they taught differences between the unclean and the clean (ibid.). If the priest is not a student of the Torah, he is unable to distinguish between the holy and the profane, the unclean and the clean. Therefore Scripture says: Thou hast despised My holy things and hast profaned My Sabbaths (ibid., v. 18). Why does he despise the holy things? Because he does not know how to observe the Sabbath. See how beloved is the priestly offering in that it was given to the priests who were students of the law. But the Holy One, blessed be He, decreed the Temple offering for His own sake, as it is said: That they take for me an offering.