002 Devarim - Judges 1:8-18

(1) ראה נתתי SEE, I HAVE GIVEN [THE LAND BEFORE THEE] — With your own eyes do you see this: I do not tell you this by conjecture or hearsay (Sifrei Devarim 7). (2) באו ורשו GO IN AND POSSESS [THE LAND] — There is no one who will contest the matter, and you will not need to wage war. Indeed, had they not sent the spies, but had trusted in God's promise, they would not have needed weapons of war (cf. Sifrei Devarim 7). (3) לאבתיכם [THE LAND WHICH THE LORD SWARE] UNTO YOUR FATHERS … [TO GIVE TO THEM] — Why does he further mention their names: to Abraham, to Isaac, and to Jacob? But it is to suggest the following: The merit of Abraham would itself suffice, that of Isaac would itself suffice, that of Jacob would itself suffice, that I should give the land to you (cf. Sifrei Devarim 8:1; see also Rashi on Leviticus 26:42).

(1) והנכם היום ככוכבי השמים AND, BEHOLD, YE ARE THIS DAY AS THE STARS OF THE HEAVEN — But were they that day as the stars of the heaven? Were they not, indeed, only sixty myriads? What, then, is the meaning of “And, behold, ye are this day (היום lit., the day)"? It means: Behold ye may be compared to the day (the sun), existing for ever just as the sun and the moon and the stars (cf. Sifrei Devarim 10:1).

(1) יסף עליכם ככם אלף פעמים MAY HE ADD TO YOU A THOUSAND TIMES AS MANY MORE AS YE ARE — What is the force of saying further: ויברך אתכם כאשר דבר לכם AND MAY HE BLESS YOU EVEN AS HE HATH SPOKEN CONCERNING YOU? But the explanation is: They said to him, “Moses, you are setting a limit to our blessings (only a thousand times)! The Holy One, blessed be He, has already made a boundless promise to Abraham (Genesis 13:16) “… if one can count [the dust of the earth, then can thy seed also be counted]"! Moses replied to them: This (a thousand times) is from me (it is my blessing); but may He bless you even as He hath spoken concerning you!" (Sifrei Devarim 11).

(2) טרחכם YOUR CUMBRANCE — Moses' use of this word regarding them teaches us that the Israelites were troublesome: if one of them perceived that his opponent in a law suit was about to be victor in the case he would say: I have witnesses to bring, further proof to adduce, I will add judges to you who are sitting (Sifrei Devarim 12:1) . (3) ומשאכם YOUR BURDEN — this teaches that they were Epicorsim (that they treated the judges with scant respect): if Moses went forth early from his tent they said, “Why does the son of Amram leave so early? Perhaps he is not at ease at home?" If he left late, they said, “What do you think? He is sitting and devising evil schemes against you, and is plotting against you" (Sifrei Devarim 12:2).

(4) וריבכם AND YOUR STRIFE — this teaches that they were always contentious (Sifrei Devarim 12:3).

(2) אנשים MEN — But would it enter your mind that he would take women? Why then does it state here men? It means that he should take righteous, desirable men (cf. Sifrei Devarim 13:2).

(3) חכמים ונבנים WISE AND UNDERSTANDING [MEN] — i.e. men who can understand a matter out of (i.e. by comparison with) another matter. — This is what Arius asked R. Jose: what is the difference between wise men and understanding men? A wise man is like a rich money changer: when people bring him dinars to examine (to value) he examines them; and when they do not bring to him, he sits and does nothing (he does not go out to seek any). An understanding man, however, is like a merchant money changer: when they bring him coins to examine, he examines them; and when they do not bring to him, he goes about and brings of his own money (i.e. he himself buys coins) (cf. Sifrei Devarim 13:3).

(4) וידעים לשבטיכם AND [MEN] KNOWN AMONGST YOUR TRIBES — i.e. men who are known to you. For if he were to come before me wrapped in his robe, “I" would not know who he is and of what tribe he is, and whether he is fitted for the office: but you know him for you have been brought up with him. On this account it states: known amongst your tribes (Sifrei Devarim 13:4).

(1) ותענו אתי וגו׳ AND YOU 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).

(2) אנשים חכמים וידעים [AND I TOOK] MEN, WISE AND KNOWN — but understanding men I could not find (Nedarim 20b). This, too, was one of the seven qualifications which Jethro mentioned to Moses, but he found only three: men, i.e. righteous men, wise and known (Sifrei Devarim 15:2).

(1) אנשים חכמים וידעים, “wise and knowledgeable men;” Rashi points out that apparently Moses had not found men possessed of בינה, insight, one of the criteria Yitro had told him to look for in men appointed to judge others. He had only found men that could be called: righteous, wise, and knowledgeable. If you were to ask what happened to the other four qualifications stipulated by Yitro as a precondition for acting as a judge? (Compare Exodus 18,21) The fact that the seven qualifications do not appear consecutively, but only four of them appear in the verse quoted, is a hint that if all these virtues could not be found in one man, then we would have to settle for less. Solomon in Proverbs 31 already pointed out how difficult it is to find even one woman who can be described as אשת חיל, “a woman of valour.”Rabbi B’rechyah in the name of Rabi Chama, son of Rabbi Chanina, is quoted in Deuteronomy Rabbah, 1,10, as having said: judges must possess seven virtues: wisdom, insight, knowledge, plus the four listed in Exodus 18,21. The reason that do not all appear together is to teach that the seven virtues are meant as in the best case scenario. If it is impossible to find people with all these virtues, naturally we have to settle for less, just as we never had a king that possessed all the virtues listed in Deuteronomy 17,15-20.

(1) ואצוה את שפטיכם AND I COMMANDED YOUR JUDGES — I said to them: be deliberate in judgment: if a certain point of law comes before you once, twice, three times, do not say, "This point of law has already come before me several times”, but discuss it well on that occasion also (Sifrei Devarim 16:1).

(1) לא תכירו פנים במשפט YOU SHALL NOT RESPECT PERSONS IN JUDGMENT — This is addressed to him whose office it is to appoint judges — that he should not say, Mr. So-and-so is a fine or a strong man, I will make him a judge; Mr. So-and-so is my relative, I will make him a judge in the city, — while in reality he is not expert in the laws, and consequently he will condemn the innocent and acquit the guilty — I will account it unto him who appointed him as though he had shown favor in judgment (Sifrei Devarim 17:1). (2) כקטן כגדל תשמעון YOU 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 YOU SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: You 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). (3) לא תגורו מפני איש means: YOU SHALL NOT FEAR [ANY MAN]. — Another explanation of לא תגורו: You shall not gather in (shall not restrain) your words before any man. The word has the same meaning as in (Proverbs 10:5), "Gathering (אוגר) in summer” (cf. Sanhedrin 8a). (4) כי המשפט לאלהים הוא FOR THE JUDGMENT IS GOD’S — Whatever you take from this man unjustly you will compel Me to restore to him; it follows, therefore, that you have wrested judgment against Me (Sanhedrin 8a). (5) תקרבון אלי [AND THE CAUSE THAT IS TOO HARD FOR YOU] BRING TO ME [AND I WILL HEAR IT] — On account of this utterance (that he could decide difficult cases) the law regarding the daughters of Zelophehad evaded him (Sanhedrin 8a; see Rashi on Numbers 27:5). Similarly, Samuel said to Saul (I Samuel 9:19), “I” am the seer. Whereupon the Holy One, blessed be He, said to him, “By your life, I will let you know that you are not a seer”. And when did he let him know this? When he came to anoint David. For Scripture states, (I Samuel 16:6, 7) “And when he saw Eliab he said, Surely before the Lord stands his anointed one”. The Holy One, blessed be He, said to him: "Did you not say, “I” am the seer? Look not at the outward appearance” (Sifrei Devarim 17:7).