Дварим 16:22 Мидраш: Midrash Tanchuma, Devarim Rabbah & Sifrei Devarim

(Deut. 29:9:) “You are standing today.” This text is related (to Prov. 12:7), “The wicked are overturned (rt.: hpk) and are no more, but the house of the righteous shall stand.” Every time that the Holy One, blessed be He, looks at the works of the wicked and turns (rt.: hpk) them over (examines them), there is no recovery for them. He turned over the works of the generation of the flood, and there was no recovery for them, as stated (in Gen. 7:23), “And he wiped out all living things.” He turned over the works of the Sodomites, and there was no recovery for them, as stated (in Gen. 19:25), “And he overturned those cities.” He turned over the works of the Egyptians, and there was no recovery for them, as stated (in Exod. 14:28), “and not so much as one of them remained.” He turned over the works of Babylon, and there was no recovery for them, as stated (in Is. 14:22), “and from Babylon i will cut off name, remnant, offspring, and posterity.” Moreover, David has said about all of them (in Ps. 36:13), “There the evildoers have fallen; they are thrust down and cannot rise.” When Israel falls, however, it stands up [again], as stated (in Micah 7:8), “Rejoice not over me, O my enemy; when I fall, I shall arise….” It also says (in Mal. 3:6), “For I the Lord do not change; [and you, O Children of Jacob, are not destroyed (rt.: klh).” R. Hanina bar Pappa said, “The Holy One, blessed be He, said, ‘I have never smitten a people and [restored] them, but (according to Mal. 3:6), “you Children of Jacob are not destroyed,”’ This is as stated (in Deut. 32:23), ‘I will use up (rt.: klh) My arrows on them,’ [meaning that] My arrows are used up (rt.: klh) but they are not destroyed (rt.: klh).” And so has the assembly of Israel said (in Lam. 3:12), “He has bent his bow; he has set me as a target for the arrow.” To what is the matter comparable? To a warrior who raises up the [target] post and shoots the arrows at them. The arrows are used up (rt.: klh), but the post stands. So it is also with Israel. Every time that afflictions came upon them, the afflictions ended, and they were standing in their place. Ergo it is stated (in Prov. 12:7), “The wicked are overturned and are no more.” Hezekiah the son of R. Hiyya said, “Why is this parashah next to the parashah about curses (i.e., Deut. 27:11-28:69)?¹Rashi on Deut. 29:12. Because Israel heard a hundred curses less two in this parashah, apart from the forty-nine which are uttered in the priestly Torah (i.e., in Leviticus). They immediately turned green in the face and said, ‘Who can withstand these [curses]?’ Moses called them immediately (in Deut. 29:1) and pacified them with [the words from Deut. 29:9].” What is written above the matter (in Deut. 29:1-2, 6)? “Then Moses summoned all of Israel [and said unto them, ‘You have seen all that the Lord did before your eyes in the land of Egypt,] …. The great trials [which your eyes saw, the signs, and those great wonders]. When you came unto this place, [Sihon king of Heshbon and Og king of Bashan came out to engage us in battle; but we defeated them].” And you did not heed My voice, and you uttered words before Me for which you deserved destruction. Still I did not wreak destruction upon you, when it is stated (in Ps. 106:7), “When our ancestors were in Egypt, they did not consider Your wondrous works….” And not only that, but they said of the calf (in Exod. 32:4), “This is your god, O Israel.” Now if you should say, “For what reason did the [other] nations deserve destruction, while we are remaining alive?” It is because when afflictions come upon them, they kick against them and do not mention the name of the Holy One, blessed be He, as stated (in Ps. 79:6), “Pour out your wrath upon the nations that have not known you, [upon the kingdoms that do not invoke Your name].” In the case of Israel, however, when afflictions come upon them, they make submit and pray, as stated (in Ps. 116:3-4), “I found trouble and sorrow, but I shall invoke the name of the Lord.” Therefore the Holy One, blessed be He, said, “Even though these maledictions come upon you, they [themselves] stand you up; and so it says (in Deut. 8:16), ‘in order to humble you and in order to test you, [so as to benefit you in the end].’” Thus did Moses say to Israel, “Even though afflictions come upon you, you have a standing.” It is therefore stated (in Deut. 29:9), “You are standing today, all of you.” Another interpretation (of Deut. 29:9), “You are standing (nizavim) today”: Why did Moshe make them into a pillar (mazevah)²A type of altar generally used for idolatry, but always forbidden by the Torah. See Deut. 16:22.? Because they would [change] from one opinion to another opinion: from the opinion of Moshe to the opinion of Joshua; from the opinion of Joshua to the opinion of the elders. And Joshua also made them into a pillar, as stated (in Josh. 24:1), “Joshua assembled all the tribes of Israel at Schechem, [and he summoned Israel’s elders and commanders, magistrates and officers; and they presented (yityazvu) themselves].” And Samuel – since they [changed] from his opinion to the opinion of the kings – also made them into a pillar, as stated (in I Sam. 12:7), “And now stand (hityazvu) and I will judge you.” Another interpretation (of Deut. 29:9), “You are standing today”: Just as today (literally: the day) sometimes darkens and sometimes lightens, so it is with you. Although you have darkness, the Holy One, blessed be He, is going to shine on you with light eternal, as stated (in Is. 60:19), “for the Lord shall be your everlasting light.” When? When you all become one group, as stated (in Deut. 4:4), “are all alive today.” According to universal custom, if one takes a group of reeds, will he be able to break them at one stroke! But if he takes them one by one, even an infant can break them. So also you find that Israel was not redeemed until they became one group, as stated (in Jer. 50:4), “’In those days and at that time,’ says the Lord,’ the children of Israel, they and the children of Judah, shall come together.’” When they are united, they shall welcome the face of the Divine Presence.

Another interpretation, “judges and officers” – Rav Aḥa said: Come and see that Solomon’s throne had six stairs. From where is this derived? It is as it is stated: “There were six stairs to the throne” (I Kings 10:19). And in this passage, six matters are written as negative commandments, and they are: “You shall not distort judgment, you shall not give preference, and you shall not take a bribe” (Deuteronomy 16:19); “You shall not plant for you any kind of sacred tree” (Deuteronomy 16:21); “You shall not establish a monument for you” (Deuteronomy 16:22); “You shall not slaughter to the Lord your God an ox, or a lamb, [in which there is a blemish]” (Deuteronomy 17:1). There you have six. The herald would stand before Solomon’s throne, and when he [Solomon] would ascend the first stair, he would proclaim: “You shall not distort judgment”; for the second stair he would proclaim: “You shall not show preference”; for the third, he would proclaim: “And you shall not take a bribe”; for the fourth: “You shall not plant for you any kind of sacred tree”; for the fifth: “You shall not establish a monument for you”; for the sixth: “You shall not slaughter to the Lord your God […in which there is a blemish].”
Rabbi Ḥiyya bar Abba said: The protocol for a trial is as follows: The plaintiff states his claim, the defendant responds, and the judge renders a decision. Rabbi Sima said: The judge must orally review their claims. From whom can you learn this? From Solomon, as it is stated: “The king said: This one says: This is my living son, and your son is the dead one; and that one says: No, rather, your son is the dead one, and my son is the live one” (I Kings 3:23).
Rabbi Yehuda ben Rabbi Ilai said: I heard that if a judge wishes to seat the litigants, he may seat them. What is it that is prohibited? There may not be one [litigant] sitting and the other one standing, as Rabbi Yishmael said: If there was a judge and two people came to him for judgment, one wealthy and one impoverished, he should say [to the wealthy one]: ‘Dress as he is dressed, or dress him as you are dressed.’
“You shall not show preference” (Deuteronomy 1:17) – Rabbi Elazar and Rabbi Shmuel bar Naḥman, Rabbi Elazar said: If you [the judge], realize that justice is in his favor [one of the litigants], do not show him a favorable countenance, so he [the other litigant] should not say: ‘From the outset he sought to rule in his favor.’ Rabbi Shmuel bar Naḥman said: If you [the judge] know that justice is not in his favor, show him a favorable countenance, so he should not say: ‘From the outset he sought to convict me.’ Rabbi Ḥanina said: One verse says: “You shall judge fairly” (Deuteronomy 1:16),¹³This verse does not mention extensive investigation of the claims. and another verse says: “You shall inquire, interrogate, and ask diligently” (Deuteronomy 13:15). How can this be [resolved]? If you sense that the case [presented by one of the litigants] is fraudulent, interrogate him, but if you sense that the case is being resolved truthfully, judge him fairly.¹⁴Without interrogation.

(Devarim 16:22) "And you shall not set up for yourself a monument (matzeivah), which the L-rd your G-d hates": This tells me only of a matzeivah. Whence do I derive (the same for) an asheirah and idolatrous images? It follows, viz.: If a matzeivah, which was "loved" for the fathers, is "hated" for the sons, then an asheirah and idolatrous images, which were "hated" for the fathers, how much more so are they hated for the sons!