Midrash su Zaccaria 8:16

(Fol. 6b) R. Eliezer, the son of R. Jose the Galilean, says: "A court is forbidden to attempt an arbitration, and the [judge] that makes settlements commits a crime; and he who praises the mediators despises the law, as it is said (Ps. 10, 3) The robber blesseth himself when he hath despised the Lord, but let the law cut through the mountain (justice under all circumstances), as it is said (Deut. 1, 17) The judgment belongs to God." And so said Moses our master: "Let the law cut through the mountain." But Aaron [his brother] loved peace, ran after it, and used to make peace between a man and his associate, as it is said (Mal. 2, 6) The law of truth was in his mouth, and falsehood was not found on his lips, in peace equity he walked with Me, and many did he turn away from iniquity. R. Eliezer says: "If one had stolen a saah of wheat and had ground, kneaded and baked it, and separated the heave (Challa) of it, how can he recite a benediction over it? For not only is it not a benediction, but it is rather a blasphemy! Concerning this, the passage reads (Ps. 10, 3) The robber blesses … . despises the Lord." R. Maier says: "The passage, the robber, etc., refers only to Juda, for it is said (Gen. 37, 26) And Judah said unto his brothers, 'What profit (betza) will it be if we slay our brother?' And whoever praises Juda [for his advice] despises the Lord; and concerning him is said: He who blesses Botzea despises the Lord." But R. Joshua b. Karcha said: "On the contrary arbitration is a meritorious act, as it is said (Zech. 8, 16) With truth and the judgment of peace, judge ye in your gates. How is this to be understood? Usually, where there is judgment, there is no peace; and where there is peace, there is no judgment. It must then refer to arbitration, which brings peace. The same must be explained about David, concerning whom it is said (II Sam. 8, 16) And David did what was just and charitable unto all his people. How can these five terms be reconciled? For a thing that is just is not charitable, and if charitable then it is not just. We must therefore say that it refers to arbitration, which contains both." The first Tanna, however, [who said above that arbitration is prohibited], explains the passage thus: He, (David), judged in accordance with the strict law — he acquitted him who was right and held him responsible who was guilty, according to the Law; but when he saw that the loser was poor and could not pay, he used to pay from his own pocket. Hence he did justice to one and charity to the other. Rabbi, however, pointed out the following difficulty, it is written. Unto all his people, and according to the above explanation, it ought to be to the poor. Therefore, said Rabbi: "Although he did not pay from his pocket, it was nevertheless counted as justice and charity; justice to the one, for having returned his money; and charity to the other, for delivering the theft out of his hand." (Fol. 7) All the Tannaim mentioned above differ with R. Tanchum b. Chanilai, who said: "The above-cited verse (Ps. 10) was quoted in reference to the golden calf, of which it is said (Ex. 32, 5) And when Aaron saw this. What did he see? R. Benjamin b. Jepheth said in the name of R. Elazar: 'He saw Chur, who was lying killed before him.' And he thought: 'if I do not listen to them, they will do likewise unto me, and will bring about such a condition as is said (Lam. 2, 20) Shall there be slain in the sanctuary of the Lord the priest and the prophet; for which there shall never be a remedy. It is better for them that I should make the golden calf, and for that probably there will be a remedy by repenting.'" [Hence the above passage].

R. Joshua the son of Karha said: It is commendable to arbitrate a matter, since it is written: Execute the judgment of truth and peace in your gates (Zech. 8:16). Certainly, whenever there is absolute justice peace cannot prevail, and where there is peace there cannot be absolute justice. Through what kind of justice does peace prevail? It is in the justice achieved through arbitration. Scripture states concerning this matter: If there should arise a matter too hard for thee in judgment (Deut. 17:8) (arbitrate).

When you go out to war, etc. (Deuteronomy 20:1): What is written above the matter? "And the judges shall make a thorough investigation" (Deuteronomy 19:18). From when the judges execute judgement, you [can] go out to war and you will be victorious. And so did David state (Psalms 119:121), "I have done justice and righteousness; do not abandon me to those who would wrong me." And it is [also] written (Psalms 119:122), "Guarantee Your servant’s well-being; do not let the arrogant wrong me." So too is the Holy One, blessed be He, only brought up in the world through judgement, as it is stated (Isaiah 5:16), "And the Lord of hosts is exalted by justice." Rabban Shimon ben Gamliel says (Avot 1:18), "On three things the world stands: On justice, on truth and on peace, as it is said (Zachariah 8:16), 'Judge truth and the justice of peace in your gates.'" Rabbi Yehoshua ben Levi said, "And all of [these things] are dependent upon judgement, as through judgement is peace and truth established." Therefore when Israel is executing judgement, the Holy One, blessed be He, brings down their enemies in front of them, as it is stated (Psalms 81:14-15), "If only My people listens to Me, etc. Quickly I would subdue their enemies, etc." And what are the ways of the Holy One, blessed be He? Righteousness and justice, as it is stated (Genesis 18:19), "and they shall keep the way of the Lord by doing righteousness and justice." Therefore, it is written in the section of judges (Deuteronomy 16:18), "and they shall judge the people with righteous justice"; and afterwards, "When you go to war against your enemies." What is [the meaning of] "against your enemies?" The Holy One, blessed be He, said, "Go forth against them like enemies: In the way that they do not have mercy upon you, so [too], do not have mercy upon them. See what they say: 'Let us wipe them out as a nation; Israel’s name will be mentioned no more.' [It is] that same name that I say (Psalms 106:48), 'Blessed is the Lord (the Name), the Lord of Israel.' Therefore go forth against them like enemies." Israel said, "Master of the world, until when will they stand against us," as it is stated (Psalms 86:14), "O God, arrogant men have risen against me; a band of ruthless men seek my life." He said [back] to them, "Not only against you have they risen, but also against Me, as it is stated (Psalms 2:2), 'Kings of the earth take their stand, and regents intrigue together against the Lord and against His anointed.' Rather see how they are enemies." Therefore, it is written, "When you go out to war against your enemies."