Pisqa’ 144¹

1

“Justices and officers” (Dt.16:18)—

on what grounds do I know that

they appoint a court for all Israel?

The Teaching states:

“Justices . . . shall you place over yourself” (Dt.16:18).

And, on what grounds do I know that

they appoint officers over all Israel?

The Teaching states:

“And officers shall you place over yourself” (Dt.16:18).

 Judah says:

R. Judah says:

on what grounds do I know that

they appoint one court, superior to the others?

The Teaching states:

“Shall you place over yourself” (Dt.16:18).

And, moreover, He states :

“The levitical officers stand ready before you” (2Chr.19:11).

On what grounds do I know that

they appoint a court for each and every city?

The Teaching states:

“Justices . . . in all your gates” (Dt.16:18).

And, on what grounds do I know that

they appoint officers in each and every city?

The Teaching states:

“Officers in all your gates” (Dt.16:18).

And, on what grounds do I know that

they appoint a court for each and every tribe?

The Teaching states:

“Justices . . . for your tribes” (Dt.16:18).

 

And, on what grounds do I know that

they appoint officers for each and every tribe?

The Teaching states:

“Officers . . . for your tribes” (Dt.16:18).²

2

Rabban Shimon b. Gamliel says:

on the basis of the verses:

“for your tribes” and

“they shall judge the people” (Dt.16:18)—

we infer that it is a commandment for

each and every tribe

to establish the rule of law for the tribe.³

“In all your gates” (Dt.16:18)—

this verse comes to draw a comparison

between the Great Sanhedrin

[of seventy one justices in Jerusalem]

and the Lesser Sanhedrin

[of twenty three justices in the cities].

Just as the Great Sanhedrin

is empowered to convene a trial

and condemn to death,

so, too, the Lesser Sanhedrin

is empowered to convene a trial

and condemn to death.⁴

3

“And they shall judge the people” (Dt.16:18)—

even against their will.

“In righteous judgment” (Dt.16:18).

Now, indeed, isn’t it already stated:

“Do not pervert justice” (Dt.16:19)!

What, then, does the Teaching mean by

“Righteous judgment?” (Dt.16:18)

This verse refers to

the appointment of [competent] judges.

Now, as for “do not pervert justice” (Dt. 16:19)—

[this refers to one appointed to seat judges],

lest you say:

So-and-so is pleasant,

[I shall seat him as a judge]!

So-and-so is my relative,

[I shall seat him as a judge]!

Therefore, “do not show favoritism” (Dt.16:19).

Lest you say:

So-and-so is a pauper,

[and I will favor his claim], or

So-and-so is rich,

[and I will favor his claim]!⁵

“And do not accept a bribe” (Dt.16:19)—

needless to say,

you shall not accept a bribe to acquit the guilty,

or to condemn the innocent.

But you shall not accept a bribe, even

to acquit the innocent

or to condemn the guilty.

“For bribery blinds the sages’ eyes” (Dt.16:19)—

and, needless to say,

it blinds the eyes of fools.

“And twists the words of the Righteous” (Dt.16:19)—

and, needless to say,

the words of the Wicked.⁶

4

Another word:

“For bribery blinds the sages’ eyes” (Dt.16:19)—

[when viewing, e.g., plague-signs or menstrual-blood]

they’ll declare the unclean to be clean

and the clean to be unclean.

“And twists the words of the Righteous” (Dt.16:19)—

[when ruling. e.g., on mixtures of milk and meat]

they’ll declare the prohibited [mixture] to be permitted

and the permitted to be prohibited .

Another word:

“For bribery blinds the sages’ eyes” (Dt.16:19)—

therefore, he will not find his eternal rest

until he teaches righteousness in his instructions.

“And twists the words of the Righteous” (Dt.16:19)—

he will not find eternal rest

until he knows what he is talking about.

5

Another word:

“Do not pervert justice” (Dt.16:19)—

in financial disputes.

“Do not show favoritism” (Dt.16:19)—

in criminal cases.

Another word:

“Do not show favoritism” (Dt.16:19)—

regarding social rank,

so that you do not seat an inferior judge

to a higher position than his learning warrants,

nor a superior judge

to a lower position than his learning warrants.⁷

6

“Fairness—fairness shall you pursue” (Dt.16:20)—

on what basis do I know that

[in a capital case,]

if a suspect emerged from trial

with a verdict of innocence,

they may not return him

to be re-tried for guilt?⁸

The Teaching states:

“Fairness–fairness shall you pursue” (Dt.16:20).

 

[In a civil suit,]

if he emerged with a verdict of guilt—

on what basis do I know that

they may return him to be re-tried for innocence

[in light of new evidence]?⁹

As it is said:

“Fairness–fairness shall you pursue” (Dt.16:20)

Another word:

“Fairness–fairness shall you pursue” (Dt.16:20)—

pursue a court whose judgments are well-considered,

like those of the court of Rabban Yohanan b. Zakkai ,

or like those of the court of R. Eliezer.

“So that you may live to inherit the Land” (Dt.16:20)—

this teaches that

the quality of judicial appointments

suffices to cause Israel to thrive,

to establish them on their soil,

and [to escape] falling by the sword.

1. H:183-184; JN2: 3-5.
2. Cf. T. San.3:10.
3. // T. San.3:10.
4. //M. San 1:1; cf. M. San..4:1. F:198, n.3 notes that this pericope is only spottily attested in the textual record.
5. //Sifra, qedoshim, par. 4:2
6. // Mechilta Ishmael, ­kasp’a , 20.
7. F:198, n.3 regards the baraitas of 144.5 as late reflections of class-consciousness among the disciples of R. Ishmael and R. Akiva.
8. Cf. Mechilta Ishmael, kaspa’,.20.
9. Cf. M. San.4:1.