Мидраш к Шмуэль А 7:16

(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].”

(Deut. 16:18:) <YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES IN ALL YOUR GATES¹In biblical times court was generally held at the town gate, perhaps in one of the rooms like those built into either side of Solomonic gates at Hazor, Megiddo, and Gezer. WHICH THE LORD YOUR GOD IS GIVING YOU FOR YOUR TRIBES, SO THAT THEY MAY JUDGE THE PEOPLE WITH RIGHTEOUS JUDGMENT>. 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,²Tanh., Deut. 5:1. HIS STATUTES are the expositions (midrsahot), AND HIS ORDINANCES are the judgments [TO ISRAEL]. The Holy One 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 (goy): Go with me to your courts,³Arka’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?⁴Cf. I Corinthians 6:1–6. 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). So this is what we teach (in Sanh. 5:2): ONCE UPON A TIME BEN ZAKKAY CROSS-EXAMINED <WITNESSES> ON FIG STEMS.⁵The 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. <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.⁶Sanh. 4:1. Moreover, it is written (in Deut. 19:15): A SINGLE WITNESS SHALL NOT BE VALID AGAINST A PERSON…. <ONLY> ON THE EVIDENCE OF TWO <OR THREE> WITNESSES <SHALL A CASE BE VALID>. 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:⁷Sanh. 5:1. 1. In what week,⁸I.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. On what day (of the week)?⁹Cf. Sanh. 5:1 and Tanh., Deut. 5:1, both of which add here: In what hour? 6. In what place? 7. Have you forewarned him?¹⁰This last query is one of various supplemental questions listed in Sanh. 5:1 and Tanh., Deut. 5:1. And so you find among the leaders¹¹Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.¹²I.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}¹³The only difference between the versions of Chronicles and Samuel is that the name DAVID, which Buber chooses to bracket, appears only in the Samuel version. ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE.

Rabbi Pinḥas said: Man is beloved by his name, but I would not know which of them. Solomon came and explained: “A good name is better than fine oil, and the day of death than the day of one's birth.”¹⁴It is his name at the end of his life, when he dies, that is most important. When a person is born, one counts to his death. When he dies, one counts his life. When he is born everyone is joyous; when he dies, everyone weeps. But that should not be so; rather, when a person is born no one should be joyous, as they do not know the challenges and actions that will confront him, and whether he will be righteous or wicked, good or bad. When he dies, they should rejoice that he passed away with a good name and departed from the world in peace. This is analogous to two ships at sail in the Mediterranean Sea; one was leaving the port and one was entering the port. Regarding the one leaving the port, everyone rejoiced, and regarding the one leaving the port, they did not rejoice. There was one clever person there. He said to them: ‘I see matters to the contrary. Regarding the one leaving the port, they should not rejoice with it, because they do not know what challenges will confront it, how many days it will be challenged, how many storms it will encounter. When it enters the port, everyone should rejoice that in entered in peace.’ Similarly, when a person dies, everyone should rejoice, and praise him that he passed away in peace from the world with a good name. That is what Solomon said: “And the day of death than the day of one's birth.”
You find that when the righteous are born no one is aware of it, and when they die, everyone is aware of it. When Miriam was born, no one was aware of it and when she died, the spring vanished, and everyone was aware. The spring publicized her death.¹⁵A spring of water miraculously accompanied Israel through the wilderness, on Miriam’s account. When she died, the spring disappeared and the people thirsted for water (Ta’anit 9a). When Aaron the High Priest was born, no one was aware of it, and when he died, the clouds of glory vanished, and everyone was aware. The cloud publicized his death. When Moses our master was born, no one was aware of it, and when he died, everyone was aware. The manna publicized his death. When Joshua was born, no one was aware of it, and when he died, everyone was aware, as it is stated: “They buried him on the border [of his inheritance]…north of Mount Gaash” (Joshua 24:30). The Rabbis say: We reviewed the entire Bible and we did not find a place named Mount Gaash. Rather, what is Mount Gaash? [It is a reference to the fact that] because they were preoccupied [nitga’ashu]¹⁶They were involved in settling the land. and were negligent in performing acts of kindness to Joshua,¹⁷They did not express their respects for him when he died. the Holy One blessed be He sought to quake and spew [lehagish] lava upon them in order to destroy them. [They were preoccupied] because the Land of Israel had been distributed and its distribution was too dear to them; this one was involved in his field, that one was involved in his vineyard, this one was involved in his olive grove, that one was involved in his charcoal. They were all involved in their labor, and that is why the Holy One blessed be He sought to quake the world upon them. Therefore, everyone was aware of it, and his death was publicized.
When David was born, no one was aware of it, but when he died everyone was aware of it, as it is stated: “When Hadad heard in Egypt that David lay with his fathers, [and that Yoav, commander of the army, had died]” (I Kings 11:21). Rabbi Pinḥas said: Is laying not death?¹⁸Why does the verse use two different expressions for death with regard to David and Yoav? Rather, for David, who was king, [the term] lying is written;¹⁹This is a less direct and therefore more respectful term than the term death. for Yoav, who was commander of the army, [the term] death is written. Alternatively, is laying not death? Rather, for David, who was anointed with the anointing oil, [the term] lying is written; for Yoav, who was not anointed with the anointing oil, [the term] death is written. Alternatively, is laying not death? Rather, for David, who died in his bed, [the term] lying is written; for Yoav, who was killed, [the term] death is written. Alternatively, is laying not death? Rather, for David, whose sons inherited his position, [the term] lying is written; for Yoav, whose sons did not inherit his position, [the term] death is written. Therefore, everyone was aware of it when David died, as Solomon publicized his death.²⁰By inheriting David’s position.
When Samuel was born, no one was aware of it, but when he died everyone was aware of it, as it is stated: “Samuel died and…all Israel eulogized him” (I Samuel 25:1). Rabbi Yehoshua ben Levi said: The parable says: One who is bitten by a snake, a rope frightens him.²¹Since the people had almost been destroyed due to the insufficient honor they accorded Joshua upon his death, they were very careful to pay the proper respects when Samuel died (Matnot Kehuna). Rabbi Shmuel bar Naḥman said: They gave him his due, as it is stated: “He went each and every year and circulated in Beit El, [Gilgal, and Mitzpa, and he judged Israel in all those places]” (I Samuel 7:16).²²Since he made himself available to the people in so many different places, they all accorded him respect. One verse says: “Samuel died” (I Samuel 25:1), and one verse says: “Samuel had died” (I Samuel 28:3).²³Whey does the book of Samuel report Samuel’s death in two separate locations? Rabbi Asi said: “Samuel had died,” certainly [informs of his] death. “Samuel died,” the matters are stated only with regard to Naval, as it is stated: “Samuel died…there was a man in Maon” (I Samuel 25:1–2).²⁴In chapter 28, the book of Samuel reports the death of Samuel as its own event, and recounts the people’s eulogies for him. In chapter 25, the book mentions Samuel’s death in passing in order to provide context for the incident involving Naval, who threw a celebration at this time and was stingy toward David. Rabbi Shmuel bar Naḥman said: Everyone was mourning and clapping hands [in grief] over the death of the righteous one, and this wicked one [Naval] was making drinking parties. Rabbi Yehuda said: This is to teach you that anyone who repudiates acts of kindness, it is as though he repudiates the fundamental doctrine.²⁵The reference is to the doctrine of belief in God. Naval refused to bestow kindness on David, and of him it is said: “The scoundrel [naval] says in his heart: There is no God” (Psalms 14:1) (Matnot Kehuna). But King David, may he rest in peace, what would he do? He would perform acts of kindness for everyone. He would say thus: Even a killer, or one who was killed, even a pursuer, or one who is pursued, I perform acts of kindness for him as I do for the righteous. That is what is written: “But I, in Your mercy I trust; my heart will rejoice in Your salvation, I will sing to the Lord, because He has been kind to me [gamal alai]” (Psalms 13:6).²⁶Because I have accepted the responsibility of performing acts of kindness [ole gemilat ḥesed], I will merit to rejoice in God’s salvation (Matnot Kehuna).