Shoftim 1st Portion
Judges
18
Appoint judges and officials [who enforce the rulings of the judges with “rod
and strap”] for each of your tribes [judges are appointed for each tribe and in
each city] in every town [i.e., in every city] the Lord your God is
giving you, and they shall judge the people fairly [i.e., appoint expert,
righteous judges, who will judge righteously].
Rashi’s Commentary
Judges and officials—Heb. שֹׁפְטִים וְשֹׁטְרִים. שֹׁפְטִים are the judges who pronounce sentence,
and שֹׁטְרִים are
those who chastise the people at their (the judges’) order beating
and binding the recalcitrant with a stick and a strap until he accepts the
judge’s sentence (Sanhedrin 16b and Rashi thereon; cf.
Sifrei Devarim 144:6).
For . . . your tribes—This is to be connected with “Appoint,” thus: “Appoint judges and officials for . . . your tribes in
every town the Lord your God is giving you.”
For . . . your tribes—This teaches that judges must be appointed for each
tribe separately and each city separately (Sanhedrin 16b; Sifrei Devarim
144:4)
In every town—i.e. in every town (Sifrei Devarim 144:3).
And they shall judge the people
fairly—This means, appoint judges
who are expert and righteous so that they will judge justly (cf. Sifrei Devarim 144:7).
Sanhedrin 7b:8
Reish Lakish says: With regard to anyone who appoints over the community a judge
who is not fit, it is as though he plants a tree used as part
of idolatrous rites [Asherah] among the Jewish people, as it is
stated: “Appoint judges and officials” (Deu 16:18), and juxtaposed to
it, it is written: “Do not set up any wooden Asherah pole”
(Deu 16:21). By implication, appointing unfit judges is akin to planting a tree
for idolatry. Rav Ashi says: And in a place where there are Law scholars,
it is as though he planted the tree next to the altar, as it
is stated: “Do not set up any . . . Asherah . . . beside the
altar . . . to the Lord your God.”
Sanhedrin 16b:10
The Sages taught in a baraita: From where is it derived that
society must establish judges for the Jewish people? The verse
states: “Place judges and officials for . . . your tribes in every town
the Lord your God is giving you, and they shall judge the people
fairly” (Deu 16:18). From where is it derived that society must also
establish officials for the Jewish people? The same verse states: “Place
judges and officials.” From where is it derived that society must
also establish judges not only for the entire Jewish people but also for
each and every tribe? The verse states: “Place judges and officials for
. . . your tribes.” From where is it derived that society must also
establish officials for each and every tribe? The same verse states:
“Place judges and officials for . . . your tribes.”
Sifrei Devarim 144:1
Appoint judges and officials—Whence is it derived that a court is appointed for all of Israel?
From “Appoint judges.” And whence is it derived that (police) officials are
appointed for all of Israel? From “Appoint . . . officials.”
19 Do
not pervert justice or show partiality [even during the pleading—an exhortation
to the judge not to be firm with one and lenient with the other, e.g., making
one stand and allowing the other to sit]. Do not accept a bribe [even to judge
righteously]; for a bribe blinds the eyes of the wise [once the judge takes a
bribe from someone it is impossible for him not to seek arguments in his favor]
and twists the words of the innocent [i.e., true judgments].
Ketubot 105a:16
The Sages taught: “For a bribe
blinds the eyes of the wise” (Deu 16:19); a
fortiori it will certainly blind the eyes of fools. “And perverts
the words of the innocent” (Deu16:19); a fortiori it will
certainlypervert the statements of the wicked. The Gemara asks: Are
fools and the wicked suitable for judgment, i.e., to be appointed as judges?
Rather, this is what the tanna of the baraitasaid: “For
a bribe blinds the eyes of the wise”; even if he were very wise but he
took a bribe, he will not leave this world without suffering blindness
of the heart, i.e., he will eventually turn foolish. “And perverts the
words of the innocent.”
Rashi’s Commentary
Do not . . . show partiality—Not even if it be only during the pleadings of the
parties. This is an admonition addressed to the judge that he should not be
lenient to one and harsh to the other, e.g. letting one stand and the other
sit; because as soon as he (the party treated harshly) observes that the judge
shows more respect to his fellow his ability to plead is hampered (i.e. he
loses self-confidence and cannot present his case with assurance) (cf. Shevuot 30a).
Do not accept a bribe—Even if you mean to give a just judgment in favor
of the giver (SifreiDevarim 144:10; cf. Rashi on Exo 23:8).
For a bribe blinds—As soon as he (the judge) has accepted a bribe from
him (from one of the parties) it is impossible for him not to incline his heart
to him trying to find something in his favor (Ketuvot 105b).
Words of the innocent— דִּבְרי צַדִּיקִים
means, the words which have been described by the term
“of the innocent” viz., the
judgments of truth uttered on Sinai (cf. Rashi on Exo 22:8 and Note thereon).
20 Follow
justice and justice alone [seek out the finest court], so that you may live and
possess the land the Lord your God is giving you [the appointment of
fit judges serves to sustain Israel and to settle them in their land].
Rashi’s Commentary
Follow justice and justice alone—Go to (search after) a reliable court (Sanhedrin
32b; SifreiDevarim 144:14).
That you may live and you possess
the land—The appointment of honest
judges is sufficient merit to keep Israel in life and to settle them in
security in their land (SifreiDevarim 144:15).
Worshiping Other Gods
21 Do
not set up any wooden Asherah (a tree devoted to idolatry) [one is liable from
the time of planting] pole beside the altar you build [an exhortation against
planting a tree or building a house on the Temple Mount] to
the Lord your God,
Rashi’s Commentary
Do not set up any . . . Asherah—This is intended to make one liable to punishment regarding it
from the very moment that he plants it (the Asherah); even though he does not
worship it he transgresses a negative command by the mere planting of it (Sifrei Devarim 145:1).
Do not set up any . . . pole beside
the altar . . . to the Lord your God—This
is a prohibition addressed to one who would set up a pole or build a house on
the Temple mount (Sifrei Devarim 145:1).
Sifrei Devarim 145:1
Do not set up any . . . Asherah (a tree devoted to idolatry)—We are hereby taught that one who
plants any Asherah transgresses a negative commandment. And whence is it
derived that one who plants a tree in the Temple mount transgresses a negative
commandment? From “Do not set up any . . . pole beside the altar . . . to
the Lord your God.”
22 and
do not erect a sacred stone [one stone, on which to sacrifice (even to the Lord)],
for these the Lord your God hates [it having become an institution of
idolatry].
Rashi’s Commentary
And do not erect any sacred stone—i.e. a monument of one stone (cf. Rashi on Deu
12:3), not even in order to sacrifice on it to Heaven (to God).
Sifrei Devarim 146:1
And do not erect a sacred stone, for
these the Lord your God hates—This tells
me only of a sacred stone. Whence do I derive (the same for) an Asherah and
idolatrous images? It follows, viz.: If a sacred stone, which was “loved” for
the fathers, is “hated” for the sons, then an Asherah and idolatrous
images, which were “hated” for the fathers, how much more so are they hated for
the sons!
1 Do
not sacrifice to the Lord your God an ox or a sheep that has any
defect or flaw in it [(דָּבָר רַע) an
exhortation against invalidating sacrifices through evil speech (דִּבּוּר רַע, see Lev 7:18)], for that would be
detestable to him.
Rashi’s Commentary
Do not sacrifice . . . or flaw—This is an admonition to one who would make sacrifices abominable
through an evil utterance (דָּבָר רַע). (See Rashi on Lev 7:18; cf. Sifrei Devarim
147:5). Besides this, other Halachas have been derived from it in the
Treatise on “The slaughtering of Sacrifices” (Zevachim 36).
2 If a
man or woman living among you in one of the towns the Lord gives you
is found doing evil in the eyes of the Lord your God in violation of
his covenant [that he made with you—not to serve idolatry],
Rashi’s Commentary
In violation of his covenant—i.e. the covenant which he made with you not to practise idolatry.
3 and
contrary to my command has worshiped other gods, bowing down to them or to the
sun or the moon or the stars in the sky [that they be served],
Megillah 9b:2
The verse: “And contrary to my
command has worshiped other gods, bowing down to them, either the
sun or the moon or the stars in the sky” (Deu 17:3), could be understood as
indicating that God did not command their existence, i.e., these entities
created themselves. Therefore, when these Elders translated the verse they
added a word to the end of the verse to make it read: Contrary to my command to
serve them.
Rashi’s Commentary
Contrary to my command to worship them (Megillah 9b).
Sanhedrin 60b:11
The baraita answers
that the verse states: “And has worshiped other gods bowed to them” (Deu
17:3), and a verse near it states: “take the man or
woman who has done this evil deed to your city gate and stone that person to
death” (Deu 17:5). It is derived from the juxtaposition of these two verses
that one who bows down to an idol is liable to be executed.
4 and
this has been brought to your attention, then you must investigate it
thoroughly. If it is true and it has been proved [i.e., the testimony bears it
out] that this detestable thing has been done in Israel,
Rashi’s Commentary
It
is true and it has been proved—i.e. the
evidence of the witnesses is true and it has been proved.
and this has been brought to your
attention, then you must investigate it thoroughly. If it is true and it has
been proved that this detestable thing has been done in Israel,
5 take
the man or woman who has done this evil deed to your city gate [where they
committed the act] and stone that person to death.
Ketubot 45b:6
The Gemara asks: From where are
these matters derived, that one stones an idol worshiper in the place
where he worshiped? As the Sages taught: It states with regard
to one who worshiped an idol: “Take the man or woman who has done this evil
deed to your . . . gate and stone that person to death” (Deu 17:5). “Your .
. . gate,” this is the gate where he worshiped idolatry. The offender
is taken there to be stoned. Do you say it is the gate
where he worshiped, or perhaps it is only the gate where he
was sentenced, i.e., the gate of the court?
Sanhedrin 16a:5
Ravina continues: Doesn’t Rabbi
Ḥama, son of Rabbi Yosei, say that Rabbi Oshaya says: The
verse that discuses an individual who serves idol worship states: “And
take the man or woman who has done this evil deed to your . . . gate and
stone that person to death” (Deu 17:5), and it is inferred: Take a man or a
woman to your . . . gate to judge them in the court that is located at the gate
of the city, which is a lesser Sanhedrin, but you do not take out an
entire city to your gate; rather they are to be judged by the large
court. Here also with regard to a tribe that has sinned: Take
a man or a woman to your . . . gate, but you do not take out the entire tribe
to your gate; rather they are judged by a court of seventy-one.
Sanhedrin 16b:12
The mishna states that a city
may be designated as an idolatrous city only in
accordance with the ruling of the Great Sanhedrin, consisting of seventy-one
judges. The Gemara asks: From where are these matters derived? Rabbi
Ḥiyya, son of Yosef says that Rabbi Oshaya says: As the verse
states with regard to one who engages in idol worship: “And
take the man or woman who has done this evil deed to your . . . gate” (Deu
17:5), and it is inferred: Take a man or a woman to your . . . gate for
the lesser Sanhedrin to judge them, but you do not take out the entire
city to your gate; rather, they are to be judged by the Great Sanhedrin.
Sanhedrin 60b:11
The baraita answers
that the verse states: “And has worshiped other gods and bowed to them”
(Deu 17:3), and a verse near it states: “Take the
man or woman who has done this evil deed to your . . . gate and stone that person
to death” (Deu 17:5). It is derived from the juxtaposition of these two verses
that one who bows down to an idol is liable to be executed.
Sanhedrin 112a:6
The Gemara asks: Is that so?
But doesn’t Rabbi Ḥama, son of Yosei say that Rabbi Oshaya says
that it is written: “And take the man or woman . . . to your . . . gate”
(Deu 17:5), from which it is derived: Take a man and a woman to your gate
and they are judged by the local court, but you do not take the entire
city to your gate; instead, they stand trial before the Great
Sanhedrin. Rather, the procedure is that one increases the
number of courts for them and those courts analyze their
cases, and when they conclude that a majority of the inhabitants are
guilty of idolatry they are not sentenced; instead, we take them to the
High Court [Sanhedrin] and the court issues the verdict
of the idolaters and executes them.
6 On
the testimony of two or three witnesses a person is to be put to death [just as
two constitute one testimony, so do three, and they do not become “scheming
witnesses” until all are shown to be so], but no one is to be put to death on
the testimony of only one witness.
Makkot 6b:2
Rabbi Yosei says: Transgressors are never executed unless his two
witnesses are the ones forewarning him, as it is stated: “On
the testimony of two . . . witnesses a person is to be put to death” (Deu
17:6), from which it is derived that it is from the mouths of the two witnesses
that the accused must be forewarned, and forewarning issued by someone else is
insufficient. Alternatively, from the phrase “on the testimony
of two . . . witnesses” one derives that the judges must hear the
testimony directly from the witnesses, and the Sanhedrin will not hear
testimony from the mouth of an interpreter.
Makkot 6b:3
GEMARA: RavZutra,
son of Tuvya says that Rav says: From where is it
derived with regard to disjointed testimony, in which each of
the witnesses saw the incident independent of the other, that it is not
valid? It is derived from a verse, as it is stated: “No one is
to die on the testimony of . . . one witness” (Deu 17:6). The exposition is
as follows: What is the meaning of “one witness”? If
we say that it means one witness literally, we learn it from
the first portion of the verse: “On the testimony of two . . .
witnesses,” indicating that the testimony of fewer than two witnesses is
not valid. Rather, what is the meaning of “one witness”?
It means that the accused is not executed based on the testimony of people who
witnessed an incident with one witness here and one witness
elsewhere.
Makkot 6b:7
RavNaḥman says: Disjointed testimony of two witnesses, each of whom observed an incident
independent of the other, is valid in cases of monetary
law, as it is written: “No one is to die on the testimony of . . . one witness”
(Deu 17:6). This indicates that it is only with regard to cases
of capital law that disjointed testimony is not valid, but
with regard to cases of monetary law that
testimony is valid.
Rashi’s Commentary
Two or three witnesses—But if evidence can be established by two witnesses to what end
does it (Scripture) mention to you explicitly that it may be established by
three? Scripture does so in order to compare the evidence of three witnesses to
that of two (to make the same law apply to both cases). How is it in the case
of two? Their evidence forms one testimony; so, too, does the evidence of three
(or many) witnesses form one testimony and they cannot be declared “plotting
witnesses” unless all of them are proved to be “plotting witnesses” (Makkot
5b).
7 The
hands of the witnesses must be the first in putting that person to death, and
then the hands of all the people. You must purge the evil from among you.
Sanhedrin 45a:11
And if the
condemned man does not die from his fall, the second witness takes
the stone that has been prepared for this task and places, i.e.,
casts, it on his chest. And if he dies with the
casting of this first stone, the obligation to stone the
transgressor is fulfilled. And if he does not die
with the casting of this stone, then his stoning is
completed by all of the Jewish people, i.e., by all the people
who assembled for the execution, as it is stated: “The hands of the
witnesses must be the first in putting that person to death, and then the hands
of all the people” (Deu 17:7).
Sanhedrin 45b:7
Shmuel says: If the witnesses’ hands were severed after
the transgressor was sentenced to be stoned, so that they can no longer stone
him themselves, the transgressor is exempt from punishment and
is not executed. What is the reason for this? This is because
I need to fulfill what is stated in the verse: “The hands of the
witnesses must be the first in putting that person to death” (Deu 17:7),
and here this is not possible.
Law Courts
8 If
cases come before your courts that are too difficult for you to judge—whether
bloodshed [that is unclean and clean], lawsuits [of acquittal and liability] or
assaults [the sages of the city disagreeing with each other]—take them to the
place the Lord your God will choose [whence it is seen that the
Temple is the highest of all the places].
Rashi’s Commentary
If cases come before your courts
that are too difficult for you to judge—The term הַפְלְאָה
always denotes separation and being at a distance; it means here that the cases
are apart and hidden from you.
Whether bloodshed—i.e. between a plague that may be unclean and a plague that may be
clean.
Whether bloodshed—i.e. between the blood of the menstruous woman that may be unclean
blood, and blood that may be clean (Niddah 19a; cf. SifreiDevarim 152:5).
Lawsuits—i.e. between a verdict of acquittal and a verdict of “guilty.”
Assaults—i.e. that the scholars (the judges) be of different opinions in
that particular matter (cf. Onkelos), the one declaring it unclean, the other
clean, the one sentencing, the other acquitting.
Take them—This (the phrase “take them”) teaches that the Temple (in the
vicinity of which the Sanhedrin sat) was situated higher than all other places
in Palestine (Sanhedrin 87a; SifreiDevarim 152:15; cf. Ibn Ezra on Num 16:12).
9 Go to
the Levitical priests [i.e., from the tribe of Levi] and to the judge who is in
office at that time [even if he is inferior to his predecessors, you must abide
by his ruling]. Inquire of them and they will give you the verdict.
Rashi’s Commentary
Go to the Levitical priests—i.e.
unto the priests, who descend from of the tribe of Levi.
And to the judge who is in office at
that time—The last apparently
redundant words suggest: and even though he is not as eminent as other judges
that have been before him, you must obey him—you have
none else but the judge that lives in your time (i.e. you
are only concerned with him) (Rosh Hashanah 25b).
10 You must act according to the decisions they give you at the place
the Lord will choose. Be careful to do everything they instruct you
to do.
11 Act
according to whatever they teach you and the decisions they give you. Do not
turn aside from what they tell you, to the right or to the left [even if they
tell you that right is left and left is right].
Rashi’s Commentary
To the right or to the left, even if he (the judge) tells you about what appears
to you to be right that it is left, or about what appears to you to be left
that it is right, you have to obey him; how much the more is this so if
actually he tells you about what is evidently right that it is right and about
what is left that it is left (cf. Sifrei Devarim
154:5).
12
Anyone who shows contempt for the judge or for the priest who stands
ministering there to the Lord your God is to be put to death. You
must purge the evil from Israel.
Sifrei Devarim 155:1
Anyone who shows contempt—To its ruling.
13 All
the people will hear and be afraid [—whence it is derived that they wait for
him (i.e., they wait to execute the rebellious elder) until the (next)
festival, and they execute him during the (period of the) festival], and will
not be contemptuous again.
Rashi’s Commentary
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