Pensamento Judaico sobre Provérbios 28:2

G-d has entrusted the administration of justice on earth to human judges. If these judges fail to judge fairly, they in turn are subjected to G-d’s judgment as we see from Psalm 82. Faulty judgments are due to any of four causes, all of which Yitro addresses himself to when offering advice to Moses. A judge may have a bad character, love violence; his judgments therefore are apt to be corrupt. Psalm 82 refers to this by asking "how long will you pronounce corrupt judgment?" 2) A judge may be G-d fearing, willing to judge truthfully, but when it comes to minor matters involving small sums etc., he may not apply himself diligently. This situation is covered in the above quoted Psalm by the words "judge the poor and the orphan," people who are usually litigants in a small claims Court. A judge must deal as carefully with a penny as with a million. 3) Even though the judge is G-d fearing, and may consider small sums as carefully as large ones, he may be swayed by considerations involving personal gain or honour. He may fear a particular litigant involved in a law suit before him. Concerning such a situation, the Psalmist says "rescue the defenseless and save them from the lawless." 4) A judge may simply err in his application of logic, or due to ignorance of the point of law in question. Concerning this, the Psalmist says "they do not know or understand, they walk in darkness." Yitro incorporates warnings against the four shortcomings listed, in his advice. Concerning the judges' character, he recommends selection of "G-d fearing individuals." Concerning the judges' inclination to downgrade the attention given to litigation involving minor sums, he calls for "men who hate unjust gain." Concerning the judges' professional knowledge, Yitro wants all difficult or major matters referred to Moses himself. When Moses carries out Yitro's suggestions, he acts in accordance with these principles in Deut. 1,15-16, when he instructs A) Do not recognise faces, i.e. show favoritism. B) Listen to the big just as to the small. C) Do not be scared of anyone. D) Anything which is too difficult, submit to me. The intention behind Yitro's suggestion, which results in the appointment of the enormous number of 78600 judges-, was to bring in its wake the minimization of crime since litigation would be instant. Ultimately, there will be a need for only a single judge, the Lord Himself. For that reason, the Midrash quoted at the outset describes in varying nuances that sacrifices are in fact an inferior method of achieving atonement, since conduct based on justice and righteousness achieves results under any set of circumstances, whereas the circumstances that make sacrifices effective are strictly limited.

Thus Aristotle said in his book on the subject of unity: "it is not good to have many heads, but rather to have only one head". So too Solomon said: "For the transgression of a land many are the princes thereof" (Mishlei 28:2).

And I have yet another thought on this matter. It is well known that the common good and societal organization is best served when its leadership proceeds from one, distinct head. It is for this reason that the Jews were commanded to appoint a king, so that the leadership be organized and proceed from one head, distinct within it, and not be dissipated among a number of heads, as it is written (Proverbs 28:2): "For the sin of the land, its princes are many." Because of this the Blessed One placed the leadership of Israel entirely in Moses' hands, until he tired of it and requested that other men share it with him. The Blessed One was apprehensive of the loss that this might entail, the possibility of discord in the leadership and the disorganization that would thereby result. For though one prophecy would reach all of them, if their spirit would not be one, then this difference would be reflected in their prophecy. For our sages of blessed memory have already informed us (Sanhedrin 89a) that no two prophets prophesy in one style. Therefore, the Blessed One, in this instance, acted as the wise doctor who must administer a certain drug for a desired therapeutic end but, at the same time, is cognizant of a certain danger that may result from its administration. The analogue in this instance is the possibility that the participation of seventy elders with Moses in the leadership of the people might lead to discord and disorganization. The Blessed One, cognizant of this, averted the danger by not investing each of them with a distinct spirit but rendering all of them as branches deriving their nourishment from one choice root — Moses our teacher, of blessed memory. This would produce the desired accord and create a unified leadership proceeding from one head.