민수기 11:12 할라카: Mishneh Torah, Kings and Wars & Shulchan Arukh, Choshen Mishpat

In the same way that Scriptures has given him great honor, and everyone is obliged to give him honor, so has he been commanded to be of a subdued and unpretentious heart, as it says, “and my heart is empty within me” (Psalms 109:22). He must not act overly haughty towards Israel, as it says, “lest his heart become haughty over his brothers” (Deut. 17:20). He must be merciful and compassionate to the small and great with regard¹⁷Lit., and deal with. to their wants and welfare. He must show respect for even the lowest of the low. When he speaks to the entire Congregation together, he is to speak sensitively, as it says, “listen to me my brothers and my people” (I Chronicles 28:2) and “and should you today be a servant to your people…” (I Kings 12:7). He must always behave with extreme modesty, for we have never had anyone greater than Moses Our Teacher who said, “and what are we? your complaint is not against us” (Exodus 16:7-8). He must suffer their burdens and criticisms and anger, “as a nursing father carries the sucking child” (Num. 11:12). Scriptures calls him ‘shepherd’, “To be a shepherd over Jacob His people” (Psalms 78:71), and the (proper) behavior of a shepherd is as has been defined in the Tradition, as it says, “As a shepherd who leads his flock, and with his arm he gathers the lambs, and in his breast he carries….” (Isaiah 40:11).

It is forbidden for a Judge to exercise arbitrary power and presumtuousness over the community, but [he should proceed] with humility and caution.²⁹Yad, Sanhedrin XXV, 1. Derived from Ned. 81a: ‘Why is it not a common occurrence for scholars to give birth to sons who are scholars? — R. Shisha, the son of R. Idi stated: In order that they may not be presumptuous towards the community (for were they, their fathers and grandparents all scholars they might act arrogantly towards the people).’ Every leader of a community who casts undue fear upon the community not for the sake of Heaven, will never have³⁰Lit. ‘see.’ a scholarly son.³¹R.H. 17a: ‘Rab Judah stated on the authority of Rab: Any leader of a community who casts undue fear upon the community not for the sake of Heaven (but on account of selfish motives), will never have a scholarly son, for it is said, Therefore, if men fear him, he shall not see (among his sons) any wise of heart (Job. XXXVII, 2 E. has, Men do therefore fear Him; He regardeth not any that are wise of heart).’ Cf. supra n. 29. Likewise, is it forbidden to treat them [the people] with irreverence, although they are ignorant people.³²Ned. ibid.: ‘R. Ashi said: Because they call people asses (i.e., because of their scholarship they take the liberty of treating the masses irreverently).’ They should not force their way³³Lit. ‘trample over.’ over the heads of the holy people.³⁴San. 7b: ‘Where is it intimated that a Judge must not stride over the heads of the holy people? (i.e., he must never force his way through the students who would sit on the floor, in order to reach his chair) — It is written, Neither shalt thou go up by steps (i.e., force your way) upon My altar (Ex. XX, 26), and further it is stated, And these are the judgments (Ibid. XXI, 1).’ Hence the Judge or teacher or expositor of the law should arrive before the audience. And even nowadays when everyone sits on chairs or benches, the same procedure should be observed by the Judge or teacher — M.E., ShaK. He [the Judge] must bear patiently with the trouble[s] of the community and their burden[s].³⁵San. 8a: ‘And I charged your judges at that time (Deut. I, 16); and further, I charged you at that time (Ibid. I, 18). R. Eleazar, citing R. Simlai said: These verses are an admonition to the community to regard their Judges with awe, and to the Judges to bear with the community. To what extent? — R. Ḥanan, (some say R. Shabatai) says: As the nursing father carrieth the sucking child (Num. XI, 12).’ Cf. Yad ibid. XXV, 2-3. , also Ex. R. VII, 3; Sifre to Num. XI, 11-12. A religious duty rests upon the community to treat the Judge with respect and to hold him in reverence.³⁶Lit. ‘his awe should be upon them.’ He [the Judge] too, should not make himself contemptible [through his conduct], nor should he act irreverently in their presence.³⁷ supra n. 35. For once a man is appointed leader of the community,³⁸This refers to a scholar who is appointed as Judge — P.Tesh. he is forbidden to do [manual labour] in the presence of three so that he should not make himself contemptible in their presence.³⁹Kid. 70a: ‘Once a man is appointed leader of a community, he should not do (manual) work (in order to protect his dignity).’ Cf. Yad ibid. XXV, And much more so⁴⁰Lit. ‘a fortiori.’ that it is forbidden for him to eat and drink and to become intoxicated⁴¹Tur — G. So too, Yad ibid. in public.⁴²Pes. 49a: ‘Our Rabbis taught: Every scholar who feasts sumptuously in every place, ultimately destroys his home, deserts his wife, is forced to leave his children unprovided for, forgets his learning, and becomes involved in many disputes, his words are not obeyed, and he profanes the Name of Heaven and the name of his teacher and the name of his father and he is the cause of an evil name for himself, his children and his childrens’ children ad infinitum (His great desire to feast in every place induces him to act likewise in his own home and in order to do so he sells his belongings etc. Financial disaster leads him into exile, thus deserting his wife and children and forgetting his learning. Or, unable to pay his bills he becomes involved in quarrels with his creditors. Furthermore, the feasting itself causes him to become entangled in disputes — Rashi Maharsha).’ This applies to an ordinary scholar, much more so if one is appointed leader of a community to adjudicate suits and to render decisions that he must be on guard against the mentioned pitfalls. Kid. 40b: ‘One who eats in the market-place is like a dog, and some say that he is ineligible to testify (since he has no self-respect).’ , Tosaf. s.v. יש אומרים a.l. who cite Y. (found in Ma‘as III, 5(50d)) according to which this prohibition has reference only to a scholar contra Kid., ibid where it is applied to any person. , explanations offered by Tosaf. Cf. also Koh. R. II to Eccl. II, 17 where it is stated that R. Hoshaiah found his Judges drinking wine excessively in the market-place and applied to himself the verse, So I hated life; (because the work that is wrought under the sun was grievous unto me). Cf. Yad, De‘oth V, 2; infra § 34, 18. Even at a festivity of a religious nature he should not become intoxicated, and at a gathering of ignorant people or at a social party, he should not eat at all — M.E. Every Judge who has no one to attend upon him is forbidden to accept [an appointment] to be a Judge.⁴³Hag. Maim. to Yad, Sanhedrin XXV — G. Derived from Y. San. II, 6(20c-d): ‘He (R. Joḥanan) saw R. Ḥanina b. Sisi split wood. Said he to him: It is not dignified for you (to do this). The latter answered him, What am I to do, I have no one to attend upon me. Whereupon he (R. Joḥanan) answered, If you had no one to attend upon you, you should not have accepted the appointment.’