Midrash su I Samuele 4:18

(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].”

(Lev. 9:1) “And it came to pass on the eighth day….” This text is related (to Ps. 75:5), “I say to the merrymakers, ‘Do not make merry….’” What is the meaning of [the words], “I say to the merrymakers (rt.: hll), ‘do not make merry (rt.: hll)?’”⁴This root can also mean “act with abandon” and is to be taken in that sense here. For another interpretation of the word, see Lev. R. 20:2. [The verse refers] to whoever sings in a mahanaim dance (mahol),⁵As in Cant. 7:1 [6:13]. In comparing these two words, the midrash assumes that both words come from the root HLL and ignores the fact that in the first case the H is a he while in the second case the H is a het. and so it says (in Jud. 21:21), “to dance (lehol) in the dances.” [Because no happiness endures for a mortal] (Ps. 75:5), “I say to the merrymakers, ‘Do not make merry (rt.: hll).’” Why? The one who is happy today shall not be happy tomorrow; and the one who is depressed today shall not be depressed tomorrow. And so it says (in Eccl. 2:2), “Of laughter I said, ‘It is mad (rt.: hll)….’”⁶Cf. PRK 26:2–3. Are you willing to understand? As behold, even the happiness of the Holy One, blessed be He, did not endure. When? When the Holy One, blessed be He, created His world. He was very happy, as stated (in Ps. 104:31), “the Lord shall be happy in His works.” It also says (in Gen. 1:31), “Then God saw everything which He had made; and behold, it was very good.” [These verses are] to teach you that the Holy One, blessed be He, found pleasure in and took pride in His works. Then He gave the first Adam an easy commandment, but he did not fulfill it. Immediately He rendered him a verdict⁷Gk.: apophasis. [of death], as stated (in Gen. 3:19), “for dust you are, and unto dust you shall return.” So He, as it were, did not remain in His happiness but said, “I created everything only for the human, and now he dies. What pleasure is there for Me? [Now surely if the Holy One, blessed be He,] did not remain [happy], how much the less shall people [remain happy! It is therefore stated (in Ps. 75:5), “I say to the merrymakers, ‘do not make merry.’”] How happy Abraham was! He was blessed in the world, magnified, slew some kings and handed over heaven and earth to the Holy One, blessed be He. Also when the Holy One, blessed be He, gave him a son at age one hundred, he circumcised him and reared him. Then finally he was told (in Gen. 22:2), “Please take your son, your only son…, [and go unto the land of Moriah,] and offer him there as a burnt offering.” So he made a three-day journey, as stated (in Gen. 22:4), “On the third day….” When he returned from Mount Moriah, he buried Sarah. He did not find a place to bury her until he bought one for four hundred silver shekels. Then after that, old age came upon him. Now surely if such was the case with Abraham the righteous, how much the more is it the case with the wicked! Isaac did not remain in his happiness: He escaped from the sword and from the men of Gerar. And [God] informed them about who he was, so that they came to him. Thus it is stated (in Gen. 26:26, 28), “Then Abimelech came unto him from Gerar […. And they said, ‘We have clearly seen that the Lord is with you.’]” But he did not remain in his happiness. Rather (according to Gen. 27:1), “Now it came to pass, that when Isaac was old and his eyes were too weak to see.” So just as [this loss of happiness] happened in the case of Isaac the burnt offering of the Holy One, blessed be He, (according to Gen. 22:2), how much the more does it happen in the case of the wicked! Jacob was the first-born of the Holy One, blessed be He, as stated (in Exod. 4:22), “Israel is My first-born son.” How happy he was! He saw a ladder, and (according to Gen. 28:12-13) “the angels of god were ascending and descending [….] And behold, the Lord stood upon it and said, I am the Lord….” Then he went to Laban, fled from Esau, became Laban's servant for twenty years and in the end became wealthy, sired children and returned in peace. He also met Esau and was saved from him, and paid his vow. But in the end he did not remain in his happiness. Instead (according to Gen. 34:1), “Now Dinah [the daughter whom Leah had borne to Jacob] went out…,” and was raped]. There also came upon him the trouble over Joseph. Now surely if Jacob the righteous – one to whom the Holy One, blessed be He, had said, “In whom I will be glorified,” as stated (in Is. 49:3), “Israel, in whom I will be glorified” – did not remain in his happiness, how much the less will the wicked [so remain! It is therefore stated (in Ps. 75:5), “I say to the merrymakers, ‘Do not make merry.’”] How happy Joshua was! He slew thirty-one kings, gave Israel the land to possess, and distributed it. In addition all Israel gave him a [helping] hand and said (in Josh. 1:18), “Anyone who disobeys your command… [shall be put to death.” Such an honor was] something of which [even] Moses our master did not merit. Still he (i.e., Joshua) did not remain in his happiness, but rather died childless. It is therefore stated (in Ps. 75:5), “I say to the merrymakers, ‘Do not make merry.’” How happy Eli was, when he was king, chief justice, and high priest! It is so stated (in I Sam. 1:9), “now Eli [the priest] was sitting on the throne by the doorpost of the Temple of the Lord.” “Now Eli the priest was sitting on the throne,” because he was king. [He was] “by the doorpost of the Temple of the Lord,” because he was chief justice. Still he did not remain in his happiness. Instead (according to I Sam. 4:18), “And it came to pass that when he (i.e., a messenger) mentioned the ark of God, he (i.e., Eli) fell backward from off the throne….” Moreover, his two sons, Hophni and Phinehas died. So just as this [shift in fortune] happened with Eli the righteous, how much the more [does it happen with] the wicked! You find neither man nor woman who saw joys like Elisheba bat Amminadab, [the wife of Aaron, as stated (in Exod. 6:23), “And Aaron took for a wife Elisheba bat Amminadab”].⁸PRK 26:2; Zev. 102a; Tanh. (Buber), Lev. 6:2. She saw her husband become high priest serving in the high priesthood and [as a] prophet. In addition, Moses, her husband's brother, was king and prophet. Moreover, her sons were deputies [to the high priest] in the priesthood, and her brother Nahshon was head of all of the princes of Israel.⁹According to Numb. 10:13, Nahshon was in command of the troops of Judah, and the troops of Judah headed those of the other tribes. See also Numb. 2:3; I Chron. 2:10. Still she did not remain in her happiness. Rather, when two of her sons went in to offer a sacrifice, (according to Lev. 10:2,) “Fire came forth from before the Lord and consumed them, so that they died before the Lord.” It is therefore stated (in Ps. 75:5), “I say to the merrymakers, ‘Do not make merry.’” And so Solomon said (in Eccl. 2:2), “Of laughter I said, ‘It is mad.’” There is a story about one of the great Babylonian [scholars], who married off his son,¹⁰PRK 26:2; Lev. R. 20:2. and made a great banquet for the sages. He said to his son, “Go up and bring us a jar of such and such a wine from the attic.” He went up to the attic. [There] a snake [from] among the jars bit him, and he died. His father remained with those who were reclining [at his table]. So he delayed and did not come. [Finally,] his father said, “Let me go up and see what my son is doing.” His father went up [and] found him cast down dead among the jars. What did that saint do? He waited by himself until the guests had eaten and drunk sufficiently. When they had finished, he said, “You came to say a bridegrooms' blessing over my son. [But instead] say a mourners' blessing over him. You came to bring my son to the wedding canopy. [Instead] bring him to [his] grave.” They said about R. Zakkay of Kabul and they opened about him (in the words of Eccl. 2:2), “Of laughter I said, ‘It is mad; and what does joy do?’”

How happy Eli was, when he was king, chief justice, and high priest! It is so stated (in I Sam. 1:9): NOW ELI [THE PRIEST] WAS SITTING ON THE THRONE BY THE DOORPOST OF THE TEMPLE OF THE LORD. [NOW ELI THE PRIEST WAS SITTING ON THE THRONE, because he was king. < He was > BY THE DOORPOST OF THE TEMPLE OF THE LORD, because he was chief justice]. Still he did not remain in his happiness. Instead (according to I Sam. 4:18): AND IT CAME TO PASS THAT WHEN HE (i.e., a messenger) MENTIONED THE ARK OF {THE LORD} [OF GOD], HE (i.e., Eli) FELL BACKWARD FROM OFF THE THRONE…. Moreover, his two sons, Hophni and Phinehas died. So just as this < shift in fortune > {happens with the righteous ones} [happened with Eli the Righteous], how much the more < does it happen with > the wicked! It is therefore stated (in Ps. 75:5 [4]): I SAY TO THE MERRYMAKERS: DO NOT MAKE MERRY.

Our Rabbis were taught: The Tabernacle of the wilderness lasted forty years less one year. The Tabernacle of Gilgal lasted fourteen years, of which seven was the years of occupation and seven of distribution. The Tabernacle of Nob lasted fifty-seven years, hence the existence for Shiloh remains three hundred and seventy years, less one year. That the Tabernacle of the wilderness lasted forty years less one year, whence do we infer this? For the master said [elsewhere] that the first year after the exodus did Moses build the Sanctuary, on the second year he reared up the tabernacle and then Moses sent the spies. That the Tabernacle of Gilgal lasted fourteen years, the seven of occupation and the seven of proportioning, whence do we infer this? From Kaleb (Josh. 14, 7) Forty years old was I sent, etc. And, lo, I am this day fourscores and five years old. How old was he at the time of the passing of the Jordan? Seventy-eight years old, and now he says that he is eighty-five years old, hence the seven years of occupation. And whence do we know concerning the seven years of distribution? If you please I say that since the occupation lasted seven, it is understood that the dividing also lasted seven years; and if you please I say [from here] since we cannot find any other way [to justify the passage] (Ez. 40, 1) In the fourteenth year after the city had been smitten. That in Nob and Gibe'on it lasted fifty-seven years whence do we learn? It is written (I Sam. 4 ,18) And it came to pass, when he made mention of the Ark of God, that he fell from off his seat backward by the side of the gate, and his neck broke and he died. And we are taught in a Baraitha that when Eli died the destruction of Shiloh followed, and the sanctuary was brought to Nob; when Samuel died the destruction of Nob followed, when the Tabernacle was brought to Gibe'on, and it is written (Ib. 7, 2) And it came to pass, from the day that the ark abode in Kireath — Jearim, that the time was long; for it was twenty years. To which years do these twenty refer? Ten of Samuel himself [during which he judged Israel]; one year during which Saul and Samuel judged Israel together; two years, during which Saul alone ruled Israel; seven years during which David ruled in Hebron, as it is said (I Kings 2, 11) And the days that David reigned over Israel were forty years; seven years reigned he is Hebron, etc. And again in connection with Solomon it is written (II Chr. 3, 2) And he began to build in the second day of the second month, in the fourth year of his reign. Hence it remained for Shiloh three hundred and seventy years less one year.