Midrash su Geremia 21:12

R. Samuel h. Nachmeni in the name of R. Jonathan said: "A judge that decides the law in accordance with the equity of truth causes the Shechina to dwell in Israel, as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And the judge who decides the law not in accordance with the equity of truth causes the Shechinah to depart from Israel, as it is said (Ib. 12, 6) Because of the oppression of the poor, because of the sighing of the needy, now will I arise, saith the Lord." R. Samuel b. Nachmeni said also in the name of R. Jonathan: "A judge who causes [through his decisions] the transfer of money from one hand to another, contrary to the law, the Holy One, praised be He! will collect from his own soul, as it is said (Prov. 22, 23) Rob not the poor because he is poor, neither crush the afflicted in the gate; for the Lord will plead their cause, and despoil the life of those who despoil them." R. Samuel b. Nachmeni said also in the name of R. Jonathan: "A judge should always imagine that a sword lies between his thighs, that Gehenna is open under him: (Ib. b) as it is said (Songs 3, 7, 8) Behold it is the bed tchich is Solomon's; sixty valiant men are around about it, of the valiant ones of Israel. All of them are girded with the sword, are expert in war; every one hath his word upon his thigh, because of the terror in the night — i.e., because of the terror of Gehenna, which is equal to the night." R. Yashiya (according to others, R. Nachman b. Isaac) lectured: "What is the meaning of the passage (Jer. 21, 12) O house of David, thus hath said the Lord: Exercise justice on [every] morning, and deliver him that is robbed out of the hand of the oppressor. Is it then customary to judge only in the morning, and not during the entire day? It means, if the thing which you decide is clear to you as the morning, then do decide, but if not, do not." R. Chiya b. Abba in the name of R. Jonathan said: "We infer it from the following (Prov. 7, 4) Say unto wisdom. Thou art my sister, which means, if the thing is as certain to you as it is the law that prohibits you from marrying your sister, then you may say it, but not otherwise." R. Joshua b. Levi said: "If ten judges sit in court discussing one case, the responsibility rests upon every one of them." But is that not self-evident? It means even a disciple who is sitting before his teacher [although he merely discusses without any result].

(Fol. 19) "The king must not act as a judge, nor be summoned before court." R. Joseph said: This is concerning the kings of Israel; but the kings of the house of David may act as a judge, and can be summoned before court, as it is written (Jer. 21, 12) O house of David, thus said the Lord: Exercise justice on every morning. And if they were not be summoned before court, how could they judge? Behold! it is written (Zeph. 2, 1) Gather yourself together. And Resh Lakish said: "This means first correct thyself, then correct others." Why then is it prohibited to the Kings of Israel? Because of the incident which happened with the slave of King Janai, who murdered a person. Simon b. Shetach said to the sages: "Notwithstanding that he is the slave of the king, he must be tried." They sent word to the king: "Your slave has killed a man." And Janai sent his slave to them to be tried. Whereupon they sent to him: "You also must appear before the court, for the Torah says (Ex. 21, 29) Warning has been given to its owners — i.e., the owner of the ox must appear at the time the ox is tried." He then came and took a seat. "Arise King Janai," said Simon b. Chetach, "so that the witnesses shall testify while you stand; yet not for us do you rise, but for Him who commanded and the world came into being, as it is said (Deut. 19, 17) Stand before the Lord." And the king answered: "It must not be as you say, but as the majority of your colleagues shall decide." (Ib. b) Simon then turned to his right, but they cast their eyes down (were afraid to give their opinion). He turned to his left, and they also cast their eyes down. Simon b. Shetach exclaimed: "You are entertaining consideration [of fear] in your mind! May the One who knows [man's] thoughts take revenge upon you." Thereupon Gabriel came and smote them to the floor, and they died. At that time the sages decreed that a king should neither act as a judge nor appear before court; neither be a witness, nor can anyone testify against him.

(Gemara) Had he only one cow? Behold, Rab, and according to some, R. Juda in the name of Rab said that "Twelve thousand calves were the yearly tithes of R. Elazar b. Azariah's herds?" We are taught that "The cow [mentioned in the Mishnah] was not his own, but his neighbor's, and because he did not protest against such an act, it was therefore credited to him." Rab and R. Chanina, R. Jochanan and R. Chabiba, studied together, in the entire Order of Mo'ed (Festivals). Wherever this combination of authorities appears, some eliminate R. Jochanan and insert R. Jonathan. [They said:] "He who has the power to protest [against wrong] in his house and does not do so, will be seized for [the sin of] every one in his house. In the city [where his protest would prevail] he will be seized for the sin of every one in his city. In the entire world [if his protest would be heeded and he does not protest] he will be seized for the sin of the entire world." "And the princes of the exile," said R. Papa, "will be seized for the sin of all Israel, just as R. Chanina said: What means the passage ( Is. 3, 14.) The Lord will enter into Judgment with the elders of His people and their princes. If the princes sinned, (Fol. 55a), what fault have the elders in it? Because the elders did not protest against the princes.'" R. Juda was sitting before Samuel when a certain woman came in, complaining; Samuel paid no attention to her. R. Juda said to him: "Is the master unaware of the passage (Pr. 21, 13.) Whoso stopped his ears from listening to the cry of the poor, he also will cry himself, but shall not he answered." Whereupon Samuel said to him: "Keen scholar, thy chief (I) shall be punished with cold water! but thy chief's chief (the prince of the exile) with boiling water. Behold, Mar Ukba, the chief of the judges sits here [and it is his duty to attend], for it is written (Jer. 21, 12.) O house of David thus hath the Lord said. 'Exercise justice every morning and deliver him, etc' [only to those who have power to do justice]." R. Zeira said to R. Simon: "Let the master reprove those princes of the exile." Whereupon R. Simon responded: "They would pay no heed." "Even if they do not pay heed yet the master ought to reprove them," said R. Zeira, "for R. Acha, the son of R. Chanina, said: 'Never did the Holy One, praised be He! issue a benevolent decree and reconsider it and substitute a bad one, except in the instance written (Ez. 9, 4.) And the Lord said unto him. Pass through the midst of the city, through the midst of Jerusalem, and inscribe a mark upon the foreheads of the men who sigh and who complain because of all the abominations which are done in the midst of it, i.e., the Holy One, praised be He! said unto Gabriel, 'Go and set the sign Tov. in ink upon the foreheads of the righteous, that the destroying angels may have no power over them.' Whereupon the attribute of justice pleaded before the Holy One, praised be He! thus saying, 'Sovereign of the universe, what is the difference between these and the others?' 'These,' said the Lord, 'are perfectly righteous people and the others are grossly wicked people.' Again the attribute of justice pleaded 'Sovereign of the universe, it was their duty to warn them [against wicked actions] and they did not do so.' Whereupon God answered: 'It is revealed and known to me that if they warned them, they would not have heeded them.' Again Justice pleaded: 'Sovereign of the universe, this was known unto Thee, but was it known unto them?' Therefore it is written [immediately following] The aged, young, and little children and women shall ye slay and destroy, but come not near any man upon whom ye find the mark, and from my sanctuary shall ye begin. And it is written (Ib.) Then they began with the elders who were before the house.'" R. Joseph recited [a Baraitha] "Do not read Mikdashi (my sanctuary) but Mimkudashai (those who are holy), i.e., they are the men who fulfilled the whole Torah from the Aleph (the first letter) until the Tov (the last letter); soon [after this is written (Ib.) And behold! six men came from the north, and every man with his weapon of destruction in hand; and one man in the midst of them was clothed in linen, with the paraphernalia of a writer by his side, and placed himself beside the copper altar. Did then the copper altar exist at that time? The Holy One, praised be He! said unto them: "Begin from the place where they used to sing before me [with copper instruments], i.e., from the Levites." And who are the six men [mentioned in the above passage]? R. Chisda said they are Anger, Wrath, Rage, Destruction, Devastation, and Ruin. Why was the letter Tor used? Rab said: "The letter Tov may be explained [as the initial] for both, to live, and to die." And Samuel said: "[The Tov means] Tama (the end), i.e., it has ended [the privilege of relying upon] the merits of our ancestors (Abraham, Isaac and Jacob)." Resh Lakish said the Tov in the last letter on the seal of the Holy One, praised be He! for R. Chanina said: The inscription on the seal of the Holy One, praised be He! is Emeth (Truth)." R. Samuel b. Nachmeini said: "The Tov refers to the men who fulfilled the whole Torah from the Aleph (the first letter) until the Tov (the last letter)."Since when did [the privilege of relying upon] the merits of our ancestors end? Rab said: "Since the days of Hosea b. Be'eri (the prophet); as it is said (Hos. 2, 12.) I will lay bare her disgrace before the eyes of her lovers, and no man shall deliver her out of my hands." Samuel said: "Since the days of Chazel, as is said (II Kings 13, 22.) But King Chazel of Syria oppressed Israel all the days of Jehoachaz; and it is written further. And the Lord became gracious unto them, and had mercy on them and turned His regard unto them because of His covenant with Abraham, Isaac and Jacob, and would not destroy them and he cast them not off from His presence even until now." R. Joshua b. Levi said: "Since the days of Elijah, as it is said (I Kings 18, 36.) And it came to pass at (the time of) the perpetual evening-offering, that Elijah, the prophet, came near, and said, 'O Lord, God of Abraham, of Isaac, and of Israel, this day let it be known, etc.'" R. Jochanan said: "Since the days of Hezekiah, as it is said (Is. 9, 6.) For the increase of the government and for peace without end, upon the throne of David and upon his kingdom, to establish if and to support it through justice and righteousness, from henceforth and unto eternity, the zeal of the Lord of hosts will do this."