מדרש אויף איכה 4:13

(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].”

“It was due to the sins of her prophets, the iniquities of her priests, who shed the blood of the righteous in her midst” (Lamentations 4:13).
“It was due to the sins of her prophets.” Rabbi Yudan asked Rabbi Aḥa: ‘Where did they kill Zekharya, in the Israelite courtyard or the women’s courtyard?’³⁶The midrash interprets the verse as referring not to the sins of prophets and priests, but rather to the great sin of the murder of Zekharya, who was a prophet and a priest. He said to him: ‘Neither in the Israelite courtyard nor in the women’s courtyard, but rather in the priestly courtyard.’ They did not treat his blood like the blood of a gazelle, nor like the blood of a deer. There it is written: “And any man from the children of Israel…who shall hunt game of a beast or a bird…[he shall pour out its blood], and cover it with dirt” (Leviticus 17:13). However, here it is written: “For her blood was within her; on a bare rock she placed it. She did not pour it on the ground to cover it with dirt” (Ezekiel 24:7). Why to that extent? “To arouse fury to take vengeance, I placed her blood upon the bare rock…” (Ezekiel 24:8).³⁷God brought about that Zekharya’s blood would not be covered in order to motivate the Babylonians to take vengeance upon the Israelites in order to assuage Zekharya’s blood.
Israel committed seven transgressions on that day. They killed a priest, a prophet, and a judge, spilled innocent blood, desecrated the Name, brought impurity to the Temple courtyard, and it was Shabbat and Yom Kippur.³⁸Shabbat and Yom Kippur are considered one, as both are described as a day of sabbatical rest [Shabbat shabbaton] (see, e.g., Exodus 31:15 and Leviticus 16:31) (Etz Yosef). When Nevuzaradan ascended, he saw that the blood of Zekharya was boiling. He said to them: ‘What is this?’ They said to him: ‘It is the blood of bulls and sheep.’ He brought the blood of offerings but it did not resemble it. He brought all kinds of blood but it did not resemble it. He said to them: ‘If you tell me, fine, but if not, I will comb the flesh of these people with iron combs.’³⁹The meaning is: I will comb your flesh with iron combs. It is common in rabbinic literature for people to address others in third person, or to refer to themselves in third person. They did not tell him, but once he said that to them, they said to him: ‘What can we hide from you? We had a prophet-priest who would reprimand us in the name of Heaven, but we did not accept it. We rose against him and killed him.’ He said to them: ‘I will assuage him.’ He brought the Great Sanhedrin and slaughtered them onto it, but it did not rest. He slaughtered the lesser Sanhedrin onto it, but it did not rest. He brought young priests and slaughtered them onto it, but it did not rest. He slaughtered schoolchildren onto it, but it did not rest. He bent over it and said: ‘Zekharya, I have eliminated the best of your people, do you wish me to eradicate all of them?’ It immediately rested. At that moment he contemplated repenting and said: ‘If for one who eliminates the life of one person of Israel it is so, this man,⁴⁰Nevuzaradan was referring to himself. who eliminated many lives, all the more so.’ The Holy One blessed be He became filled with mercy and He intimated to the blood, and it was absorbed in its place. Regarding that moment, it says: “It was due to the sins of its prophets, the iniquities of her priests, who shed the blood of the righteous in its midst.”

... The angels said before the Holy One, ‘Master of the World! Isn’t this Jerusalem?!’ as it is said “This is Jerusalem; in the midst of the nations I have placed her…” (Yechezkel 5:5) He replied to them, “But she exchanged My judgments for wickedness more than the nations…” (Yechezkel 5:6) They said to Him, “But they are Your people and Your inheritance, which You brought out with Your great strength…” (Devarim 9:29) He replied to them, “For My people have forgotten Me; they burn incense to vanity…” (Yirmiyahu 18:15) They said to Him, ‘act for the sake of the forefathers!’ He replied to them, “…the fathers are kindling fire…” (Yirmiyahu 7:18) They said to Him, ‘act for the sake of the children!’ He replied to them, “But they rebelled against Me and would not consent to hearken to Me…” (Yechezkel 20:8) They said to Him, ‘act for the sake of the tribe of Yehudah!’ “And Judah did what displeased the Lord…” (Melachim I 14:22) They said to Him, ‘act for the sake of the leaders!’ He replied to them, “Its heads judge for bribes…” (Micha 3:11) They said to Him, ‘act for the sake of the tribes!’ He replied to them, ‘and Gad, and Reuven and the half tribe of Menashe…’ They said to Him, ‘act for the sake of the tribe of Dan!’ He replied to them, “And the children of Dan set up for themselves the graven image.” (Shoftim 18:30) They said to Him,’ act for the sake of the students!’ He replied to them, “…And those who hold onto the Torah did not know Me…” (Yirmiyahu 2:8) They said to Him, ‘act for the sake of the prophets!’ He replied to them, “[It was] for the sins of her prophets, the iniquities of her priests…” (Eicha 4:13) They said to Him, ‘act for the sake of the kings!’ He replied to them, “And the altars that were on the roof, [the roof of] Ahaz's upper chamber, which the kings of Judah had made…” (Melachim II 23:12) The ministering angels said to Him, ‘act for our sake!’ He replied to them, “But they mocked the messengers of God…” (Divre HaYamim II 36:16) They said to Him, ‘act for the sake of Your name which is called upon them!’ He replied to them, ‘they have profaned My holy name.’ They said to Him, ‘You do not want to be appeased, what is the image of their father doing by You?’ “He has cast down from heaven to earth the glory of Israel…” (Eicha 2:1) This statement with which they clothed You, what has it done to You?! If the thing were not written, it would be impossible to say “The Lord has done what He devised, He has carried out His word…” (Eicha 2:17) They said to Him, ‘Master of the World! Is this not Jerusalem about whom you wrote “Behold on [My] hands have I engraved you…”’ (Yeshayahu 49:16) He replied to them, “I, too, shall clap My hands, one upon the other, and I shall put My fury to rest…” (Yechezkel 21:22) Since Zion saw that He did not want to be appeased, she started up and said “The Lord has forsaken me, and the Lord has forgotten me." (Yeshayahu 49:14) May it be Your will Lord our God and God of our fathers that Your Temple be rebuilt speedily in our days, that your Presence return within it, that You gather my exiles from the four corners of the world, that they rebuild the cities of Yehudah and settle Shechem and inherit it speedily. Amen.