Cytowanie Komentarza do Psalmów 25:9

The third is, You shall not establish for yourself an asherah — our Sages interpreted (Sanhedrin 7b) about one who appoints an unfit judge, [if it is] in a place of Torah scholars, it is as if he planted [an asherah] next to God’s altar. Similarly, they interpreted the verse You shall not make with Me gods of silver, etc. as referring to a god or judge appointed because of silver and gold. The concept of the asherah we learn from what is written: An altar of earth you shall make for Me — either filled with earth or adjacent to the earth. From all this we can learn that the Sanhedrin should also be humble in mind, for every humble and lowly person diminishes his full height toward the ground. Therefore it says He guides the humble in justice (Psalms 25:9). But one who is arrogant in rendering legal decisions is a fool, wicked, and haughty in spirit, for he does not judge deliberately since he is embarrassed to ask about his uncertainties.
It is known that sometimes an unfit judge is appointed because of his arrogance or the arrogance of his relatives and family who honor him so that he might be “fortunate” [meushar] in the land and bring them fame and praise, as suggested by the name “asherah” from the expression women have called me fortunate [ashruni banot]. Our Sages said (Sotah 5a) that anyone who has arrogance deserves to be cut down like an asherah tree, as it is written here and their asherah trees you shall cut down (Deuteronomy 7:5), and it is written there and the tall of stature shall be cut down (Isaiah 10:33).
What is the connection between an arrogant person and an asherah? It is because this unfit person is established for the fortune and praise of his relatives, and he is like an asherah tree that has many branches and leaves to sit in its shade. Similarly, they appoint him as a judge so that his relatives can sit in his shade. But in truth, their protection has departed from them, and there is no need to elaborate further on this.
And regarding what they said, “in a place of Torah scholars, it is as if he planted it next to the altar” — this is because that is where the Sanhedrin sits. For this reason they said, “before them and not before gentiles, etc.” because it is said Not because you are more numerous than all the peoples did the Lord desire you [and choose you, as you are the smallest] (Deuteronomy 7:7). And our Sages said in the tractate (Chullin 89a) that Israel diminishes themselves, unlike idolaters who are haughty and arrogant in spirit. Therefore, they are not fit for laws and judgments which they do not know, for their arrogance ruins all judgments.

“You shall provide yourselves with places to serve you as cities of refuge” [35:11]. You should prepare cities, so that when a person accidentally kills his friend, he should run to this city. No person should harm him there. The custom was that when a killer ran to the city, whether he killed deliberately or accidentally, the court sent for him and examined him. If he did it deliberately, he is put to death. If he did it accidentally, then he is returned to the city and remained there until the high priest died. Then he was allowed to leave and no person could harm him. King David said: “Good and upright is the Lord; therefore He shows sinners the way” [Psalms, 25:8]. God is good and upright and compassionate. Therefore, He shows the sinful person a way to repent. King David said: Lord of the Universe, you are compassionate to the killer, in that you have prepared a city to flee to because he killed accidentally. The compassion is already from the time of Adam, since Adam brought death into the world upon all people. You had compassion on him and expelled him from the Garden of Eden, like a penitent who wanders around, and forgave him his sin. Therefore, You also ordered them to make cities of refuge, to which the killer, who killed accidentally, should flee. Concerning this, the verse says, “O Lord, be mindful of Your compassion and Your faithfulness; they as old as time” [Psalms, 25:6]. This means, Your grace and compassion is from the beginning of time. This is since the time of Adam. He did not willingly kill his friend, his heart was not in it, and he was not guilty of death, since all the sins depend on the heart. When somebody fulfills a commandment and his heart is not in it, in that he does not intend it to be for the sake of heaven, then his act is as nothing. Moses Our Teacher said to the Holy One: Lord of the Universe, when somebody has killed his friend in a different land, how does he know to find the cities of refuge, since he was not in that land? The Holy One responded: place large pillars in the markets and write on them, killer, cities of refuge. Place the pillars in the direction of the cities of refuge, in many places. Thus, the killer would read the inscription and would find the way. Concerning this, the verse said, “good and upright is the Lord” [Psalms, 25:8]. God is good and compassionate to the killer and makes a path for him. How much more so for the righteous, as the verse says, “He guides the lowly in the right path” [Psalms, 25:9].¹³Tanhuma, Masaei, 11.

And you shall set it with settings of stones, four rows of stones. And in each row, three precious stones, for a court of law [beit din] must have no less than three [judges]. And they shall shine like the radiance of these stones, for they are noble stones that appear [as pure] inside as they do outside. And in the Akeidah [Rabbi Yitzchak Arama’s commentary], he wrote that these stones were some expensive and some inexpensive, to hint that a judge should treat a case involving a single coin with the same justice as one involving a hundred maneh. And the names of the tribes were engraved upon them according to their birth order, to hint that one should not show favoritism to any person, but should hear the small and the great alike, as if there is no advantage to the greatest of the tribes over the smallest, except for the birth order based on age, and apart from this, all are equal. This is a proper hint, and it also hints to the judge not to become haughty saying, “I will rule,” for one whose heart is arrogant in rendering decisions is a fool, wicked, and coarse-spirited. And the verse states, He guides the humble in justice (Psalms 25:9). And the reason for this we explained above in Parashat Mishpatim. And this is why they said (Talmud Shabbat 139a) that in the merit of and he will see you and rejoice in his heart, Aaron earned the breastplate of judgment upon the heart, for because of his great humility, he did not envy the authority of Moses, his brother who was younger than him in birth order. He merited the breastplate of judgment, which depends on the attribute of humility, and the names of the tribes were written there according to their birth order, and this is precisely measure for measure.