Wyjścia 18:21 Midrasz: Midrash Tanchuma, Shir HaShirim Rabbah, Devarim Rabbah & Ein Yaakov (Glick Edition)

(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].”

“And we will gaze upon you.” The nations of the world say to Israel: Until when will you die for the sake of your God and be devoted to Him? That is what is written: “Therefore the young women love you” (Song of Songs 1:3). And until when will you be killed for His sake? As it is written: “For we are killed for Your sake all day” (Psalms 44:23). And until when will you perform acts of kindness on His behalf, and for Him Himself, while He repays you with harshness? Come over to us and we will appoint you dukes, governors, and generals. “And we will gaze [veneḥezeh] upon you,” you will be the focus [meḥezyatei] of the world. That is what is written: “You shall discern [teḥezeh] from among the entire people [capable men… to be leaders of thousands…]” (Exodus 18:21).
Israel responds to them: “Why will you gaze at the Shulamite like at a dance of two companies?” Have you ever heard that Abraham, Isaac, and Jacob engaged in idol worship, such that their descendants would engage in idol worship in their wake? Our ancestors did not engage in idol worship and we, in their wake, will not engage in idol worship. But what can you do for us? [You can perform] a dance like that performed for Jacob our patriarch when he departed from the house of Lavan.³You cannot accord us honor after we become idolators, because that will never happen, but you can accord us honor nonetheless. The reference to dance is due to the conclusion of the verse: “like a dance of two companies.” Rabbi Berekhya said in the name of Rabbi Levi: Six hundred thousand angels were dancing and frolicking before Jacob our patriarch upon his departure from the house of Lavan. The Rabbis say: One million and two hundred thousand; that is what is written: “Jacob said when he saw them: This is the camp [maḥaneh] of God” (Genesis 32:3), this is six hundred thousand;⁴“The camp of God” refers to a camp in which God rests His presence. The model for such a camp is the Israelite camp in the wilderness, in which there were six hundred thousand men, and in which God rested His presence (see Bereshit Rabba 74:17). “he called the name of that place Maḥanayim” (Genesis 32:3),⁵Maḥanayim literally means two camps. this is one million and two hundred thousand.
Or can you perhaps perform for us a dance like that performed for our ancestors at the sea, as it is stated: “The angel of God traveled” (Exodus 14:19). Or can you perhaps perform for us a dance like that performed for Elisha, as it is stated: “The attendant of the man of God arose early and he set out, and behold, an army was surrounding the city, with horse and chariot. His attendant said to him: Alas, my master, what shall we do? (II Kings 6:15). And it is written: “He said: Fear not, as there are more who are with us than who are with them” (II Kings 6:16). Immediately, “Elisha prayed and he said: Lord, please open up his eyes and he will see. The Lord opened the attendant's eyes and he saw, and, behold, the mountain was full of horses and a chariot of fire, surrounding Elisha” (II Kings 6:17).
Or can you perhaps perform for us a dance like that which the Holy One blessed be He is destined to perform for the righteous in the future? Rabbi Berekhya, Rabbi Ḥelbo, Ulla of Birya and Rabbi Elazar said in the name of Rabbi Ḥanina: In the future, the Holy One blessed be He is destined to lead a dance for the righteous, as it is stated: “Pay attention to its ramparts [leḥeila]” (Psalms 48:14); to the dance [leḥola] is written.⁶The word is in fact written leḥeila. See Rabbi David Luria’s commentary to Vayikra Rabba 11:9. And they will point to Him with their finger, as it is stated: “For this is God, our God, for ever and ever, He will guide us beyond death [al mut]” (Psalms 48:15), like young women [alamot], like the dance of the righteous.

“May the Lord, God of your fathers, add to you one thousand times as you are, and He will bless you, as He spoke to you” (Deuteronomy 1:11).
“The Lord, God of your fathers” – halakha: Is it permitted for a man of Israel who was appointed as Sage or judge over the congregation to sit in judgment by himself? So taught our Rabbis: Do not judge alone, as there is only One who judges alone, as it is stated: “He is One, who can respond to Him?” (Job 23:13). What is “He is One”? Reish Lakish said: It is that the Holy One blessed be He judges and issues the ruling by Himself.
Rabbi Reuven said: What is the seal of the Holy One blessed be He? It is truth. Why is it truth [emet]? Emet has three letters: Alef – the first of the letters; mem – the middle one; tav – the last of them, saying: “I am first and I am last and besides Me there is no God” (Isaiah 44:6).
“Provide for yourselves men who are wise, understanding, and known to your tribes, and I will place them at your head” (Deuteronomy 1:13).
The Rabbis said: Come and see, when Moses was appointed over them, he said to them: ‘I am unable to bear your burden by myself; instead, appoint judges for yourselves, so that they will judge you,’ as it is stated: “Provide for yourselves men…”
Rabbi Berekhya said in the name of Rabbi Ḥanina: Judges must have seven attributes, and they are: “Wise, understanding, and known to your tribes,” and four [additional attributes], as it is written elsewhere: “You shall identify from all the people [accomplished men, fearers of God, men of truth, haters of ill-gotten gain]” (Exodus 18:21). Why were the seven not written at once? It is [to indicate] that if [individuals] with the seven [attributes] are not found, one brings [individuals] who have four. If [individuals] with four are not found, one brings [individuals] who have three. If [individuals] with three are not found, one brings [individuals] with one, as so it is written: “An accomplished woman who can find?” (Proverbs 31:10).¹⁷This indicates that it is difficult to find even one individual who is accomplished, and being acccomplished is but one of the seven attributes that one should look for in a judge; if one finds one with this characteristic, one should appoint him (see Etz Yosef; Anaf Yosef).
“And I will place them [vaasimem] at your head” – vaasimem is written without a yod.¹⁸Thus, it can be read vaashamam, their guilt. Rabbi Yehoshua ben Levi said: Moses said to them: ‘If you do not heed them, the guilt will be on your heads.’ To what is the matter comparable? To a serpent whose tail said to the head: ‘Until when will you go first? Let me go first.’ [The head] said to it: ‘Go.’ It went and encountered a water hole and cast [the head] into it. It went and encountered fire, and cast [the head] into the fire. It encountered thorns, and cast [the head] into them. What caused this? It is because the head followed the tail. So, when the lowly heed the great, [the great individuals] decree before the Omnipresent and He performs [their will].¹⁹They can pray and abolish any negative decrees that may have been decreed upon the people (Maharzu). But when the great follow the lowly, they fall [due to] those they are following.
Another matter, Rabbi Hoshaya said: To what is the matter comparable? To a bride who was standing under her wedding canopy and her hands became sooty. If she wipes them on the wall, the wall will become sooty and her hands will not be cleaned; if [she wipes them] on the floor mosaic, the floor mosaic will become sooty and her hands will not be cleaned. But if she wipes them on her hair, her hair will be beautified and her hands will be cleaned. So, when Israel heed their great ones, and their great ones do not attend to their needs,²⁰If they do not provide proper leadership. the guilt is on the head of the great ones, but if not, [the guilt] will be on their own heads. Rabbi Yitzḥak said: When Israel heed their great ones and their great ones do not attend to their needs, at that moment: “The Lord will enter into judgment with the elders of His people and its princes” (Isaiah 3:14).
Why to that extent?²¹This question refers back to what was stated at the beginning of this passage (Devarim Rabba 1:10), that one should not judge alone (Maharzu). Because the burden of the congregation is very difficult, and no one person is capable of bearing the burden of the congregation by himself. Know that this is so, as Moses, master of all the prophets, was unable to bear the burden of the congregation by himself. From where is it derived? “I spoke to you at that time [saying: I am unable to bear you alone]” (Deuteronomy 1:9). At what time? Rabbi Yoḥanan said: At the time of Yitro’s [visit]. From where is this derived? As it is written: “As the matter is too arduous for you; you cannot do it by yourself” (Exodus 18:18). Rabbi Ḥiyya said: At the time of the complainers, as it is stated: “I cannot bear this entire people alone, because it is too heavy for me” (Numbers 11:14).
“Did I conceive [this entire people; did I give birth to it?]” (Numbers 11:12) – Rabbi Berekhya said in the name of Rabbi Levi: [Moses] said before Him: ‘Master of the universe, you said: “Who have been borne [by Me] from birth, [who are carried from the womb]” (Isaiah 46:3) – it is appropriate for You to bear them.’
Moses said to Israel: ‘As you live, I am capable of bearing ten like you. Why, then, am I not capable of bearing you? It is because the Lord your God has multiplied you beyond the capability of your judges.’²²Moses was capable of judging a nation ten times as large as Israel, but God bestowed upon them such blessing that they became haughty and could not bear to see another benefit at their expense, and therefore they would be quick to run to the judges to press their claims (Etz Yosef). From where is it derived? It is from what we read regarding the matter: “The Lord your God has multiplied you” (Deuteronomy 1:10).