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Heat. Heat.
Shalom
everybody. Welcome back to the Iban
Midash. Welcome home to Torah. A warm
welcome home to Torah. For those who are
familiar, we are using the clear as the
basis for our discussion. And if you're
interested in the original Hebrew
sheets, there's a link down below. Just
as a preface, because we're in the month
of El and we're talking about appointing
judges over us, just imagine we're about
to go to Rashana, right? We're in the
month of L. Today's Rokto.
So the idea of appointing judges over
yourself is going to be the theme which
is no coincidence that this is coming
out immediately before Rashashana right
before Rashashana.
Uh we do have a campaign. We we
distribute a lot of sedaka to uh needy
families, families in financial distress
and there's a link below you can donate
as well besides finding the important
Hebrew sheets. There'll be a link. Okay,
so let's begin. Again, we are always
textheavy,
which we encourage you to learn the
Hebrew, but it's very spiritually
enlightening and at least that's how I
look at it. So, let's begin the first
verse,
right? These are judges and officers.
The officers are the ones who enforce
what the legislature has developed.
That's the judges.
The clear card wants to point out
is second person
sing second person singular right
place upon you place upon yourself
in all your gates
no say in all the gates and all the
cities that Hashem has given you. We're
talking about what? Erits is
for your tribes.
Notice it says the shaft too. And what
will these judges do? They will judge
the people. Mishedic. The clear card
wants you to focus on the word vishafu.
Notice that it's not
um it's not a command form, but you are
commanded to place judges over
yourselves,
right? And it's singular, over yourself,
which is significant.
And then it says they will judge the
people. And what his thesis is at least
in the beginning is that if you appoint
proper judges because that's the mitzvah
to to um appoint judges that are not
corruptible who have integrity
integrity.
Okay. And as a result, if you appoint
judges, remember the kind of person
who's in a position or authority to
appoint or even place as a candidate,
right? We know in America we have the
highest officials usually
make someone a candidate and then it
passes through the Senate, right, for
the Supreme Court. So what is the
expectation? Everyone knows. Nobody's
right hiding under a rock that doesn't
know this, right? You'll notice every
time there is something that goes to the
Supreme Court, they already know that X
amount of judges were appointed by this
president or by that president, right?
Is he either Republican or Democrat? And
the majority of justices usually right
are going to end up voting the way well
at least remember they were chosen
because of their political views but
it's as if they owe something to the
person who appointed them. So if the
person who appoint them ever had to go
before this court you might expect that
the judge is going to be biased. This is
what we call a corrupt system. Okay. So
what does God want? God wants you to
appoint someone over yourself. Meaning
you're under the law as opposed to above
the law, which we all know, I shouldn't
say we all know, but seems to be that
there were certain
uh politicians who are criminals and we,
you know, the media, they claim this
person is above the law, right? There
seems to be a two-tier just a system of
justice where you have, right? Not
everyone is going to be judged the same
way and that's going to be a problem. So
God wants us to have a
correct system, a non-corrupt system.
And so the clear card begins by pointing
certain things out
says like this
hoar according to the clear card and he
understood Hebrew better than most of
us. And even if we understood Hebrew,
he's a very deep thinker. So he says
what it should have said it would have
been consistent
you shall place over yourself in order
that they will judge you right wouldn't
that make sense says in order they
should judge the people but it says
is what it should have said in order
that they will judge you but you know
what
it he claims right there
that it would have been consistent
Right? The first statement is place over
you singular second person and therefore
they would um they would that's why he's
suggesting
that they will judge you. But the clear
goes on and says
and in place of that they will judge as
we know judge the people
with the yud which makes it not just
future tense as opposed to present tense
perfect but future tense in a command
form that they must judge the people.
They will judge the people. They're
commanded to judge the people. No, since
that yud future tense is not there, he
says it's just a statement of fact.
Again, going back to this thesis that if
you appoint judges who are not going to
show favor to you, the one who's
involved in and has the authority to
appoint the judges, then for sure as a
result they will also judge the people
fairly because that's how the PK ends,
right? that they're going to judge the
people
in a with righteous judgment.
So thear goes on,
but rather the statement that they're
going to judge without the yud, it's
just a fact.
That is when he uses the words, it's
just a narrative. It's just a fact that
will come to pass if you appoint judges
with integrity.
Now he goes on to say
the actual clarification and explanation
is as follows.
That this verse is actually a command,
a command to those who have the ability,
who has the have the authority that is
in their ability to appoint judges
that when you appoint them, you appoint
them on a certain condition,
I'm
Right? In order that they will judge
you, they're going to judge the people
who are in the authority and position to
appoint the judges.
So in order that they would
that they will not show favor, they will
not be flattered. Right? Flattery is the
real the word here. They won't show
favor even to those whose job or
authority is to appoint judges.
Now, what about
um this idea that
it says the people, right? It's you're
going they're going to judge the people.
Okay? So, it does say you shall appoint
over yourself.
So these people in the authority to
appoint the judges, they're appointing
them over themselves. They're appointing
people who are righteous judges over the
people with the authority.
Now what results from this? What stems
from this? What comes out from
appointing judges with integrity that
are not going to show the people with
our authority favor
is one of the 13 harmonical principles
in which we derive lessons from what
this is called basic logic that if
they're going to judge you who have the
authority to appoint them and you're
going to appoint them over yourself and
they're going to judge you properly,
then for sure they're going to judge the
rest of the people properly. That is
just pure logic
because
they're not going to um show you any
favor. The ones who appointed are not
going to be shown favor.
It stands to reason that they're not
going to show favor to anybody else
because if they owe anybody favor, it's
the person that was responsible for
putting him in that position. Now that
now we understand why Moses says too,
right? They will judge.
This is a language or terminology of
we said is just a narrative. It's the
simple um like facts, the facts on the
ground. That is what will be.
This will be the result of appointing
judges who are not going to show you
favor meaning you the authority to
appoint them. Then for sure they will
not show anybody else favor because if
anybody they owe favor to it's you. Now
the clear goes on. Now he lived 450
almost 500 years ago and he says
something a little bit harsh to his
generation.
This is not like what we do in our in
our days. meaning what the Torah
prescribes we're not really doing
properly
because it's a fact according to his
observation in his generation that those
people who have the authority to appoint
judges to put them up as candidates
boreo
either they they're choosing they're
choosing people who are their relatives
or people they're familiar with, people
they know.
He says it's as if as if
right without words. As soon as I
appoint you or put you up as a
candidate,
then it's as if we made a condition
bearish. Even though we didn't say it,
it's as if we made an explicit condition
unspoken that you will that the the
judge will favor me who appointed him
favorably.
And the clear card is saying that's what
is happening in our days. This is what's
happening.
And as a result, what stems from this is
that the entire people, other people,
people who are not related will not be
judged properly.
Because what does the judge need to do?
He's obligated to judge everyone equally
when all cases come before him.
Doesn't matter. A guy is dressed in a
beautiful suit, tie, right? And the
other person is dressed like a schlump,
disheveled.
You cannot think that the person who's
clean shaven and well-dressed is
innocent.
He could be lying too. He could be
taking the person for all kinds of
nefarious reasons.
So
he says like this, shalom, yonulo.
Remember I I'm sure it's still the case.
Many court rooms have a gallery where
it's not just the litigants and their
lawyers. Many times that's the only
people that are allowed, but there are
are other cases where it's open to the
public. So imagine you are sitting there
maybe 5 hours, 6 hours, maybe one day,
two days observing.
Imagine going up to the judge and saying
to him, but this is what it says. In
order the people won't say the
following,
you know, I was watching your your
verdicts and I noticed you were giving
and I'm going to use the word, he
doesn't say leniencies to your
relatives. He just says you gave such
and such to your relatives. Oh, or to
your friends
or even to your townsmen, right? people
you're familiar with from your hometown,
but I'm watching you and right now I
notice what you're doing to people who
are not your relatives who are right um
you're ruling differently i.e. may be
more harsher. You're giving your
relatives the lenient the lenient. Um so
basically this would harm everybody.
This kind of judge is corrupt and that
is not the kind of judge that we want.
So
now the clear is going to suggest a
deeper layer of what Mosha said.
Remember Moshe said they will judge the
people. Now we mentioned it in third
person. We asked, shouldn't it have been
consistent?
So they will judge you. Place them upon
yourself so they will judge you. That
would have been consistent.
So the clear card says
on the level of a re is a deeper level
simp than the simple shot the simple
understanding
that the truth is anywhere in the in the
in the five books of Moses where it
mentions the wordam
who's it speaking about so rashi says on
numbers 11:1 one where the people were
complaining. So anytime the word the
people appear, Rashi says over there
when it says the people sought to
complain the heim
that Rashi says over there this is
talking about the
there's other places it mentions that
whenever the is used it's talking about
the
in other words the most inferior of the
people. another place it says it's
talking about the rav I don't think
there's any contradiction there I think
it all means the same thing so the word
people by the way when God says to Moses
about your people who you took out of
Egypt that's a clear-cut uh proof he was
talking about the Arav when God speaks
highly of the Jewish people he says amii
my people go himself calls the Jewish
people my people but in in general just
the word is referring to the the evil
people
it says in
right you're a judge and when the
litigants are standing there in front of
you
right they're going to be you're
supposed to view them both as evil as
guilty
until the verdict is said and when they
both accept the verdict then you look at
them as sadiki. Okay, that's in periods
1 verse 8.
So
this is a warning or statement of fact.
This is what a judge has to view, right?
As if they're both guilty. Again, just
because a man is dressed nice and the
other one isn't should never be a reason
to think that one is guilty and one is
innocent. But and when they come before
you hear all the evidence, you have to
be fair. The So, what do they say? I
think in America, you're innocent until
proven guilty. Now, that's true. I'm not
going to deny that's true. But for the
judge has to look at both to get to the
bottom of what happened. So he can't
show favoritism as we're going to show
as we're going to explain later.
But once they accept the verdict then
they become as righteous people. So the
Pik said
right that you will they will judge the
people meaning they're going to look at
the people equally as guilty
um at the time of judgment.
That's why it says they're going to
judge the people
that when they come in front of you for
judgment, you're going to look at them
just like all the people. You're going
to judge the people
as if they were
that's like a nickname, right? The word
ham is a an associated name with the
evil people and therefore in your eyes
at the time of judgment you're going to
look at the people equally as if they're
all guilty until the evidence says
otherwise.
Now we did say that it starts off which
is first person and then at the end we
said it speaks third person about the
people but it also says
right
you're going to judge them righteously.
There's going to be a righteous
judgment.
So what does that mean?
As we said, after the judgment, because
they're looked at as guilty, but at the
end of the day, it's
that after they accept the judgment,
they're transformed into being
righteous, at least in the eyes of the
judge.
For the litigants will appear righteous
in your eyes.
when
once they accept the judgment.
So the car continues he has another
interpretation of what it means
place upon yourself there is a concept
we spoke about it recently
in order to be a judge because you're
basically correcting the behaviors right
of other people that you have to first
correct yourself before you can correct
others is a general concept anyway in
rebuke and we spoke a few weeks ago
about the famous rabbi
who had a tree that overhung into the th
the public thoroughfare and it blocked
people and did damage and there was a
person brought to court in front of him
who had exactly the same problem and
what he'd said to the person to the
defendant. He said to him that I want
you to come back tomorrow for the
judgment. I mean that puts the guy out.
He has to come back the next day. But
why did the rabbi tell him to come back
tomorrow? because overnight he cut his
own tree because it was in the public
thoroughare. How can he judge someone
else and tell him it had to be cut? So
he went home that night and he cut his
tree. The next day the litigant who knew
this rabbi had a tree in the public
thoroughare. When the rabbi said to him,
"You have to cut your tree." He says,
"But rabbi, don't you have exactly the
same problem I have? How can you tell me
such a thing?" Well, the rabbi had some
justification, of course, cuz he already
cut down the tree. And he said to this
litigant, "Listen, I'm telling you to
cut down the tree because that's the
right thing to do. Now, you can go to my
house and see if that's true. You're
making a a comment that I have a tree
overhanging into the public thorough
affair. If I do, I will cut mine as
well." But of course, the person went
checked it out and it was already cut.
So, you cannot try to help others until
you help yourself. You can't correct
others until you correct yourself.
And that's what it means. Let's hear
another inter interpretation,
right? These judges and officers
each person, each of you, it's singular.
Everyone has to appoint these judges
over himself. I mentioned this is
beginning of
meaning you have to
you have to fix yourself first. the and
only later
and then you can judge people. You
cannot judge the people until you have
fixed yourself first,
right? Which is the idea that when you
when you want to judge others, it means
to fix others. You want to correct them.
You have to fix yourself first. Now,
there's a Gumar and Baba Bashra 58b that
says
If a judge ends up being taken to court
and money is rightfully extracted from
him because he is in the wrong. I mean,
if he owes somebody money, he should
correct it. Why wait to go to court to
find out you're guilty? So if that's the
case, if you were ever in a court where
you were found guilty and had to pay up,
you're not you're not qualified to be a
judge. Make sense?
So I think today we have uh social media
and they claim once you're on social
media, you do something stupid, you do
something wrong, you do something
immature,
uh this stays with you forever. So,
number one, that's my warning to
anybody. First of all, you should never
do these things, and then you shouldn't
record yourself doing them. And then,
you shouldn't put put your yourself up
on on social media. These things stay
with you forever. So, start from the
beginning. You want to be a judge or you
know that you're qualified to be a
judge, then stay straight, right? Pay up
your debts to society. Pay up when you
know that you're wrong. Okay. Now, we're
going to start the next verse. Loat.
Now the word tate doesn't literally mean
pervert. You shall not pervert judgment.
What it means is to lean, to slant.
Okay? Lean. Slant. So the the scales of
justice are not even. That's what we're
going to consider. Perversion of justice
when the scales of justice are not even.
Okay? And then also
it says don't recognize people mean
don't show favor to people. Okay. And
the third thing is low
and don't take a bribe. You should not
accept a bribe. Now I want you to notice
before we go on there's a v. Where do
you see the vv? Not before don't pervert
justice. That is a single iser. a single
negative commandment.
Don't show favoritism. There's no VV
there either. But then in the third and
don't take sh. So the word and now I
know in English you can get away with
saying a few items without the word and
you put a comma. The comma is in place
of and then by the last you don't put a
comma and you say and use the word and.
But in Hebrew, at least in this pik, the
clear wants to say that basically what
you have even though you have three
distinct commandments,
you really have two are distinct and the
third is a subcategory of the second
one. So you have like A and you have B
and then you have sub subcategory of B.
That's how he's going to explain this.
And what he says makes a lot of sense.
from the fact that it does not say with
a VV
with the VV, right? Don't um don't show
favoritism. There's no VV there. But it
does say
with the don't accept a bribe, there is
a Vik.
What does that mean?
that the first well actually I skipped
some what comes out from this what do
you hear from it what does it make heard
you shall not pervert justice lo
favoritism
these first two commands are distinct on
their own they're separate they're each
on their own
but a val
low.
It does say with a VV,
right? It's a to of
his conclusion is, and we'll see why,
don't take a bribe is a subcategory of
don't show favoritism. Let me ask you
something. We spoke about you're the
judge and you see two people in front of
you. one who's clean shaven with a nice
tie, nice watch, nice shoes. The whole
aura about him looks very professional
and maybe even wealthy. The other guy is
disheveled in dirty clothes. Would you
ever think that you would try to get a
bribe money out of the poor person? No.
the bribe, the idea of hoping for the
judge hope that he would receive a bribe
would only be from someone who has the
money to pay.
Let's just say like that. Obviously,
there are some really corrupt um systems
that they don't care and they'll hold
the person even though he's poor to such
great
um account and perhaps enslave these
people. But in general, the judge who's
corrupt is going to respect, meaning
he's going to show favoritism. He's
respecting someone's presence. And that
is something you shouldn't do. So what
do we know? We said low pim. Listen to
the words. Low don't
um makir is to recognize
punn his face. We're translating
understanding it is don't show
favoritism.
But the word punim face what does that
tell us? The clear brings a proof in
Genesis chapter 41 verse 56
that aim aimar
that when we go to paras mikates um
verse 4156
that what was happening
that there was a famine in Egypt and
Yakov had sent this the the kids to go
find food. Let's see where is it. Here
it is. It's number 11 on the source
sheet. So the famine spread over all the
face of the land and Yseph opened all
the storehouses in which there was grain
and he sold it to the Egyptians and the
famine intensified in the land of Egypt.
So when it says
when does the famine really get felt by
all the people? Once it reaches the
upper echelons of society, right? As
long as the wealthy still have food,
they can hold off on on what we'll say
like total uh revolution. There might be
a revolution coming from the bottom up,
but as long as there's still food in the
cupboards of the wealthy, it doesn't
affect everybody
and it doesn't have the same effect. you
know, they have more political power,
they have more monetary power to over uh
overtake the government. Just happens to
be at this time as we're speaking about
it, it could be in Iran that this will
eventually happen and there'll be an
overthrow of the government. But it's
only when it's going to reach the inner
circles of the IRGC, right? Then you'll
have a total uh, you know, uprising
that will have longlasting effect. So
but the Hebrew is alopen
on the face of the land. So if you look
at the rashi on that verse who are the
face of the land these are the yashim
these are the rich people.
Okay. So what is the clear trying to say
that the idea that having
um showing favor which is what it means
panim the face is referring to don't
look at someone like as wealthy you're
going to get a bribe
that's what I believe the clear is
saying
so when it says don't show favoritism it
literally means don't recognize their
face.
We just saw in Rashi that verse, right,
that the wealthy are called the face of
the earth.
If you're
not showing them respect, you're not
looking them as if they're wealthy. So
then you're also not going to be
interested in the bride
mayhem. The idea is whoever respects the
presence of wealth. He does so in the
hope of receiving a bribe from them.
Now the clear card goes on and he
suggests an insight regarding that
original prohibition. Lo
mishbat don't pervert justice but we all
know it doesn't mean pervert per se it
means slant leaning don't slant or lean
the judgment that's meaning the judge
should not put his finger on the scale
to do that so the clear says the
expression the lush on
the idea of leaning is
you shove
Again, it's like a command that in the
eyes of the judge, the litigants must be
equal in your eyes.
As if, right, there were two pans on a
balance scale and they're supposed to be
equal.
without either one of these sca these
pans on the balance scale being slanted
to one side or the other but in right in
your way in your eyes they weigh the
same low
right this is the same idea don't show
respect to someone's presence meaning
It's at least in your eyes make it like
you don't recognize either of them. Now
I would say that's going to be difficult
in a small town, right? Because you have
to have a basin in in every small
village. And then you the larger towns,
they have a basin not of three but of
23. And then of course in Shalim you
have 70. And according to some you even
have Sanhedrin of 70 in each of the
tribal areas, right? So you have based
in him all over the place. So if you're
in a small town, how do you not
recognize the judge? You saw them in uh
maybe your kids play together. Maybe you
saw him in the grocery store. Maybe
you're in the same field working. I
don't know. But I think it would be very
difficult. And what you need to do, what
you should do depends on your
relationship. At some point you may have
to recuse yourself. Right? Because the
judge cannot be he can't even be a
witness. He can't be a relative. And
again, depends on the type of of
criminal or monetary issues, but in most
cases, you can't be a relative even. You
can't be biased. So, you would have to
recuse yourself. Now, there's a that
third prohibition in the original
statement.
What does the word shad mean? There's a
gammor that tells us.
So the clear card says the lion of shad
it means like it's like the shin of
shahoo and then the wordad which could
mean many different things could mean
one it could mean sharp. Okay. Um, so
that's what the Gomorrah says in
Gmorubas 105b.
It says by the rabbis the word is like
that is one that
one. What does that mean?
that both the the the receiver
of this bribe of this money and the
giver of this money
they become one likeminded in many
different ways
they become like one person
there's an idea and that's why I believe
we all need to get married men and women
to each other because there's like these
opposites right there's a feminine
there's a masculine
And they they are by nature connected.
There's this a natural opposition.
How God has a great sense of humor, but
there's a natural opposition and one
will correct the other. Okay? Why am I
bringing this up? Because usually, and
I'm going to speak for men, I can't
speak for the women, that men usually
have a hard time finding fault within
themselves.
Okay? And when you take the bribe,
what's going to happen?
You become like him. So, you're not
going to find fault in him either. You
become one. Since you have a hard enough
time finding fault in yourself, trust
me, your your spouse will do that for
you. Um, of course, when we were young,
our parents did that for us, right? But,
uh, you have a hard time finding it in
yourself. And if the person is really
we're talking about he's offering you a
bribe or you're asking for a bribe you
become
that the people themselves the receiver
and the giver become one you know one
minded but it's going to be really be
hard to find the negativity in the other
person.
Now the clear does not like this
explanation. Remember, it's a Gomorrah.
So, it's not that he he's not dismissing
the garra. He's having a hard time
understanding why the people, right?
Don't we call the envelope the bribe?
So, if it's a noun, the bribe, it's not
going on the people. It's going on the
the envelope of money. And that's what
he says. This is not really clear
because the very term
that it is one well at least or maybe
sharp we'll see is the name of the money
not the owners not the giver or the
receiver but the money itself
this is we'll calltor Toal question is
it really because the the money it was
the money that caused these owners
meaning the giver and taker to become
one. Therefore we're going to call the
money on its name which is rhetorical
because he is of the opinion that it's
the money not the people. And he goes on
to give a a deeper explanation
near Leafar. It seems correct to explain
the following.
The idea of the word is a lion of
means sharp, right? Even if it means
one, like when you sharpen a knife, the
two sides of the knife becomes sharp.
That one spot, you know, the the tip of
the blade, right? Where the blade joins
from both sides, that becomes
sharp. Okay, it becomes more onelike.
So can mean sharp and does mean sharp.
So he's going to explain it the
following way.
We have a verse in Proverbs 27:17.
That iron sharpens iron. Iron against
iron makes sharp, right? That's how you
sharpen a knife or a sword through
right iron sharpens iron.
What does this
this money do? The money itself,
it's similar to a knife to a sharp knife
that cuts quickly, right? We've all
tried to cut with a dough knife a tomato
and we've had a hard time, right? The
sharper the knife, the easier it is to
cut. And not only that, the sharper it
is, it slices right through.
Matun means to go slow. Okay? To be
deliberate in judgment, right? Right.
The judge has to be
to deliberate, to speak it out, to hear
both sides,
to delay
and not cut, not slice through
the judgment quickly.
But when he receives that money, what's
going to happen?
alter.
He knows immediately at the moment that
he receives that envelope which
direction, which way the judgment is
going to lean towards.
And therefore, he's cutting, he's giving
the verdict already in his mind. Even if
he delays and makes like he's really
thinking about things originally when he
got the envelope he already decided he
already know knew where and how to cut
the judgment as quick as possible as if
cutting with a sharp knife.
So it's not the judge who's cutting the
judgment. It's the money that already
cut the judgment.
It's rather the money that's what's
cutting because it's the money that is
sharp and cuts quickly.
Now the clear
has
something to say about the very fact in
verse 20 it says sedic sedic tier
righteousness righteousness you shall
pursue. What's tier? to chase, to run,
to go quickly.
This actually hints to the idea that the
judge needs to be slow.
Is to go slow, to wait, to pause,
right? Same route.
Now, we're not talking about every
judgment. They're deliberating which you
need to do but once the group of judges
have already concluded they didn't make
the sock they didn't give the final
verdict but they're leaning in the
direction that the person is innocent
they should should they should conclude
get as quickly as they can to the end of
the judgment that the person is innocent
and declare his innocence. If they're
concluding, they're they're arriving
towards the idea that this person is
most likely guilty, then what they
should do is slow down and wait till the
next day. Do not come to the conclusion
that he's guilty today. We're talking
about a capital crime. Once they take
him out to kill him, it's too late.
Maybe there will be evidence overnight
that'll be delivered by the morning or
or some idea that wasn't thought about.
They really are not interested in in in
killing people. This is what it says in
our oral Torah that any Sanhedrin that
killed one person in 70 years, it's as
if they have blood on their hands. They
have blood on their hands. So they
really did everything they could to find
people innocent. But here it just
mentions right sedic
that you should chase but it's sedic.
Sedic implies innocence and
righteousness righteousness
righteousness you shall pursue.
I mean simple shot is to set up systems
of justice. But in the meantime when
someone is going to be declared innocent
be quick to declare their innocence.
Let's read.
See if you um are
deliberate in judgment, which is the
right thing. But what might happen is
enoaden means holding out too long. And
how do they translate it?
Prolong, right? It may you you're going
to cause an affliction. That's what it
is. Eno is affliction. The affliction
comes as a result
because you're delaying the judgment
more than necessary. So it is necessary
to delay but not more than that.
That's why the Torah says
when it comes to righteousness pursue
quickly.
And we know that Isaiah in chapter 1
verse 21 gave rebuke to the people and
he says yolimbo that righteousness
lodged in her. What does that mean? So
what was Isaiah giving them rebuke
about? that righteousness when they had
been um expuned, when they had been
declared
innocent, but the final verdict wasn't
out yet. The guilt the guilt of the uh
of the court was they didn't declare him
innocent until the next day. And that is
a problem.
Let's go back into the clear where we
just read in Isaiah that righteousness
lodged in her. He was admonishing the
Jewish people
in par like we explained earlier in par
Deuteronomy
of
that when you have a capital case you
need to conclude you want to conclude on
that very day his aquid but
only the following day when it comes to
ava when it comes to a conviction
Okay.
If he is guilty, it's good. It's it's
it's worthwhile waiting the extra day in
case more evidence would come to to let
him off the hook.
But what did they do? They reversed the
procedure.
Okay?
sedic they would lodge righteousness
meaning the acquid they would hold over
till the next day till they acquitted
the person the
based on that that's what it means
remember there's a double language
but nevertheless
righteousness you shall chase after when
he's innocent go as quick as you can to
uh release him
The language of rode chasing is
it's a it it reflects and teaches about
haste and quickness
that you should be quick to give the
verdict
once it becomes clear that the person is
innocent
that's what it means righteous but we
have double righteousness It says,
so why is it said twice? So the first
time it's said is because of the meaning
we just said that one should be quick to
declare the innocent and
and the other one is to exclude a
verdict of conviction which
one would be obligated to wait until the
next day. Right? If you think the guy's
guilty then wait until the next day. Do
not pursue. Only pursue when it comes to
righteousness. Meaning only chase and go
quickly when it comes to righteousness.
If the judges are going to declare the
person guilty, then do not do not be
quick to judge. Now the clear has his
own idea of the word.
Listen to this. We're going to learn
that if you have a court of justice or
courts in Israel that are are
corrupt,
this is like the worst thing for us.
This would bring war. And who knows? I'm
not saying. Maybe the war we're in or
have been in, maybe it's because of the
corrupt system that we have. And maybe,
just maybe, we have to change the system
around a little bit.
Okay, that happens to be what
before October 7th a lot of um tension
in the land of Israel was over the
authority that the Supreme Court has.
But this idea goes way back to the
beginning of the state. It's one of
we'll call original sins if if I can say
such a thing of Israel to have a system
of justice that's not based on the Torah
and was handed over to the secular. But
let's just read the words. He says is is
like a sharp sword. It's sharp like a
sword that cuts.
Now we have
is perversion of justice isol.
I believe this is in peravo chapter 5
Mishna 8. It says that perversion of
justice brings a sharp sword to the
world. It's brought down in per chapter
5 that deals with all these different
numbers and number 10 is quite uh um
used a lot. So it says in
that war
sword the the sword is like
representative of war and that's sharp.
It comes to the world on account of the
prolonging of judgment and the
perversion of judgment. We said there's
two different things. One is when
there's an innocent person and you're
holding them over, which we know
happens, and the perversion of judgment,
which unfortunately we also know
happens.
Right? Therefore, the what does the
bribe do? It pervert it perverts the
judgment. The the judgment is called the
perverted judgment is the sword that is
sharp.
Okay. So I'm sure I'm not the only rabbi
who speaks about the system of justice
in the land of Israel today in 5786.
We need a we need a major
transformation.
Okay. Now based on what we just said the
word you're not supposed to take.
How does that relate to the idea of
well if you read the whole verse it says
also so that you will live.
So not only
righteousness righteousness you shall
pursue but it's so that you will live in
the land of Israel.
Let's read the words.
So the Torah is going to caution. The
word his here is not just be warned but
become enlightened. Right? Once you're
enlightened about the fact that the
judges are pro prolonging judgment and
then it says
right you shall pursue righteousness
shall pursue which is saying what we
already said that
one should be quick the judge should be
quick to say that so and so plon you are
innocent and reveal his innocence
because like we said earlier, once you
do certain things, unfortunately, they
have a long history of staying around.
So, the sooner the judge declares his
innocence, the better. But it also says,
"So, you shall live." And what does that
mean? Ultimately,
you will be saved from the sword. You'll
be saved from the wars.
You'll be spared from the sword that we
already said comes in as a punishment
for accepting bribes because of the word
chau. This this perversion of justice
brings a sharp sword. That's how we're
the clear is interpreting this. Now why
is it so important to come and live in
the land and possess the land? That is
our hope that we will stay here for a
long time. So the clear is looking at
Rash's comments on that verse
the
you're going to come and possess the
land. So number 15 on the source sheet
is is Deuteronomy 16:20
that says
but right after it says that you may
live it says
so you will take possession of the land.
which Hashem gives you. So what does it
mean just as just as you shall pursue?
Seek out a good court. Make sure you
have uh judges with good integrity. And
if you ever need a court, make sure you
choose the good judges.
But that you may live and possess the
land. That's what the verse says.
Drum roll, please. The appointment of
fitting judges, Rashi says, is
sufficient merit to keep Israel alive
and settled in their land. This to me
it's so clear this is one of our biggest
problems and for some reason we are not
addressing it because it's a hot potato.
I have to agree. So maybe it's not the
right time but it's it's always the
right time to become educated, right?
when the right time will present itself,
things will change. But we have to
become educated. And one of the biggest
problems facing the land of Israel since
its conception is the I'll just say it
is the is the court system especially
the Supreme Court because everything
filters down from there.
Okay. So let's see where the clear card
left off. Perish Rashi. Rashi explains
that in the merit of appointing
justices, the real good judges, that's
what it's talking about in this parha
is this is sufficient to keep the Jewish
people alive. You want the Jewish, I'm
hello. How many people are screaming
that? Well, in order to have that in
concrete terms, we have to have a proper
system of justice
and to settle them upon the land. Now, I
think what it's really saying is that
through appointing the proper judges,
then the Jews will be able to settle the
land because it's like a it's
nonsustainable.
As long as you have a corrupt system of
justice, the Jews will try to possess
the land, to settle the land, but they
will be thrown off by their own judges.
I mean, you know, I'm just just saying
um that they won't be able to keep that
um settlement alive, right? You want to
keep the Jewish people alive and to
settle the land. And the pos the passage
continues and concludes. so that you
will live and possess the land.
There's a concept it's also in perot
that if it wasn't for the fear of the
government, the people would swallow
each other alive. Right? many of the
times and throughout in in Galut in
exile even for non-Jewish government
non-Jewish government we prayed for the
government that it should have some kind
of authority where that people would
fear so society wouldn't descend into
chaos and anarchy
so too there is and maybe especially I
know certain people that would not pray
for the government I think the
government needs our prayers more than
ever before. I'm all for a mish for the
government because they need our heal.
They need healing. They need help from
Hashem. So that's what it says in
peravos. If not for the fear of the
government, people would swallow each
other alive.
Therefore, the logical conclusion is
that if you have proper judges to govern
the land, this will ultimately keep the
Jewish people alive. We will not swallow
each other alive.
Meaning the people will not swallow each
other alive. But what does it say?
And to settle them in their land.
That is to cause them to dwell in Israel
in peace.
Now there is a puss in proverbs 29:4
that says
the idea is through a just through
justice a king establishes the land. So
this idea of king also acting as a judge
and standing for and defending the right
of the justice system. So we see a land
is settled peacefully only through the
merit of justice. You hear that guys? We
want to settle the land but we have to
have justice.
The perversion the opposite is also
true. Perversion of judgment actually
causes the corruption of the land and we
see that by the generation of the flood
which was obvious that the land became
corrupt but also Yro Yro gave advice and
in his braha in his words we're going to
see this idea he says in Exodus 18 23 in
parashmote he tells Moses about the
system of justice right appointing other
people on lower lower courts so they can
deal with some of the easier matters and
then things that are difficult will come
up to you and you'll deal with them. But
it says
he starts by saying if you do this thing
that I suggest to you and the this
entire people as well it does mean each
person but it's the entire people says
Haz shall arrive in his place. So that's
singular. Mako meaning the entire people
will arrive in its place. Keep that in
mind. So it starts off plural and ends
singular and meaning his place.
So the clear card says
if you're saying that each person right
in the beginning of the verse the entire
people meaning each person should arrive
in in their place but it also says yosh
bashalam that will dwell in peace. So it
could have said each man shall dwell in
his place in peace. Remember makomao is
singular
so it could not have been referring to
the places of all the people. What the
Torah must have meant or what Israel
must have meant was each man would dwell
in peace. But if that's the case, why
omit
each man? Why doesn't it say literally
each person? That's the first question.
And secondly, the clear asks
that he presumably means to say that
each man will dwell peacefully in his
place in the wilderness, right? In the
desert because as if it's talking about
right then and there. So why does it say
that he will arrive in his place, right?
The Hebrew
was
bishalam I'm sorry yavo that he will
arrive in peace right
look in source
number
uh 21
it says alo yal so they're not talking
about the desert
We're talking about Israel. They will
come to rest in their place in peace.
So what does that mean? Where is this
place if it's not the desert?
That Israel was actually referring to
the general area that was designated for
the entire people.
Ratolos Shama. This is exactly where
they intended to go. They were in the
desert and they knew they were going to
Israel. And Yro was speaking about the
the endgame going into the land of
Israel. What was Israel actually saying
when he gave this great idea of the
hierarchy of system of justice
that through the very act of appointing
good judges
that's how you're going to get in there.
That's what's going to happen. Not only
going to are you going to get in there,
but you're going to have a sustainable
society where you will not be killed.
There will not be war and there will be
peace. So Makobo doesn't mean his place
but rather its place. The place of the
entire Jewish people as a whole. And now
we understand why Gizro did not say each
man but its place as a whole referring
to the merit that the Jewish people have
in order to arrive in Erit Israel. And
I'll just read the last line over here.
This verse two would indicate that the
merit of appointing judges is sufficient
for the Jewish people to settle the land
peacefully as we have explained Rashi's
words. So that's pretty heavy. I get it.
Maybe politically we're not there yet.
But we have to educate. We have to be
educated and educate others. Uh we want
a we want we want to live here. We want
a sustainability and that's going to
perhaps
what they call hau a revolution
of ideas of revolution of ideas. Let me
let me leave it at that. a revolution of
ideas and sharing how important it is to
have uncorruptible,
incorruptible
judges that are not going to be
corrupted, but have integrity and will
keep the Torah themselves and share
uh and help correct others by proper
judgments based on Torah law. And with
that will say uh this is
we're getting ready for rash shana the
great judgment day. So we have to fix
ourselves before we can fix others. And
that's that's my message to you. So I
don't know how we can fix the world but
we have to start with ourselves and
we'll have a peaceful shabas and a great
week coming up. And I always say have a
great year. Have a great year. See you
next week.
Heat. Heat.
It's your
shing.