פרשת דברים תשי"ז - דברי משה שלא יוכל לשאת טרחם

ואמר אלכם בעת ההוא לאמר AND I SPAKE UNTO YOU AT THAT TIME, SAYING — What is the force of לאמר, (lit., to say. i.e. being bidden to say)? Moses, in effect, said unto them: Not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (Sifrei Devarim 9:1),

איכה אשא לבדי HOW CAN I MYSELF ALONE BEAR [YOUR CUMBRANCE, etc.]? — If I were to say, "I will do so in order to receive a reward for it", I may not do so. This is what I have already said to you: not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (see Rashi v. 9).

ואשמם — This word lacks the letter י (after the ש: our editions, however, have it): this teaches that Israel's transgressions (אשם) are placed upon the heads of their judges, because it is their duty to prevent them from sinning, and to direct them into the right path (Sifrei Devarim 13:6).

ותענו אתי וגו׳ AND YE ANSWERED ME, etc. — You at once decided the matter to your benefit. You should really have replied: Our teacher, Moses! From whom is it more fitting to learn, from you or from your disciple? Is it not from you who have taken such pains about it? But I knew your thoughts: you said, “Many judges will now be appointed over us; if one of them does not happen to be an acquaintance of ours, we shall bring him a gift and he will show us favour (Sifrei Devarim 14).

בעת ההוא [AND I COMMANDED YOUR JUDGES] AT THAT TIME — As soon as I appointed them, I said to them, "It is not now as heretofore: heretofore you were your own masters (lit., under your own control), now you are in the service of the Community!” (Sifrei Devarim 16:2).

ובין גרו AND BETWEEN HIS גר — this is his opponent in the lawsuit who merely heaps up (אוגר) words against him. Another explanation of AND BETWEEN HIS גר — also in a matter concerning a dwelling house (גור = to dwell), — in the division of property amongst brothers, even if it be a dispute about an oven and a kitchen range (cf. Sifrei Devarim 16:8-9; Sanhedrin 7b).

כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a). — Another explanation of YE SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favour of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15). — Another explanation is: that you should not say, “How can I offend against the honour of this rich man because of one dinar? I will for the moment decide in his favour, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'" (Sifrei Devarim 17:3).

Ye shall not respect persons in judgment; ye shall hear the small and the great alike; ye shall not be afraid of the face of any man; for the judgment is God’s; and the cause that is too hard for you ye shall bring unto me, and I will hear it.’