And these are the judgments that you shall place before them. Why is the section of laws placed next to the section of the altar? To tell you that you should place the Sanhedrin near the altar. This is how Rashi explained it. And in the tractate Sanhedrin (7b), Bar Kappara expounds: From where do we derive that which the Rabbis said, “Be deliberate in judgment”? As it is said: And you shall not go up by steps to My altar, and adjacent to it is written: And these are the judgments. And Rabbi Elazar says: From where do we learn that a judge should not step over the heads of the holy people? As it is said: And you shall not go up by steps, and adjacent to it: And these are the judgments. And since the Talmud used the term “expounded” regarding the words of Bar Kappara, but did not mention “expounded” regarding the words of Rabbi Elazar, this implies that Bar Kappara’s words are merely a homiletical interpretation, since the verse And you shall not go up by steps literally speaks about the altar, and judges are not mentioned at all. But the words of Rabbi Elazar are not a homiletical interpretation; from the plain meaning of the verse And you shall not go up by steps to My altar, we learn that the explanation is not to step over the heads of the holy people, as Rashi explained. And here we have an a fortiori argument [kal vachomer]: If regarding stones, which have no consciousness to be offended by disrespect, the Torah said, You shall not go up by steps — meaning, do not treat them disrespectfully — then regarding your fellow who is created in the image of his Creator and is offended by disrespect, how much more so should you be careful. According to this, without any homiletical interpretation, we learn not to step over the heads of the holy people through an a fortiori argument from stones.

Nevertheless, Rabbi Eliezer also needs the juxtaposition of the sections, because without this juxtaposition, I might have said that only another person who is not a judge or important figure should not step over the heads of the holy people in a disrespectful manner, applying an a fortiori argument from the stones, since the commandment do not ascend by steps applies to ordinary priests who are not judges. But regarding a judge who needs to instill fear in the public so that his words will be heeded, one might have thought that he is permitted to step over the heads of the holy people. And you might say that the status of a judge is greater than that of a priest, and it is sufficient for the derived law to be like the source of derivation. Therefore, the juxtaposition teaches us: And these are the ordinances that you shall set before them, meaning those ordinances mentioned above that come from an a fortiori argument from the stones, not to step over the heads of the holy people — you shall set before them, that is, before the judges, to say that even the judge is included in this a fortiori argument. And Bar Kappara’s opinion is to interpret the verse and do not ascend by steps homiletically, that a judge needs to be deliberate in judgment. But his words require explanation, for what is the connection between steps and being deliberate? Even though Rashi tried to resolve this and explained by steps as meaning “in haste,” it seems he did not resolve anything, because one who ascends steps goes slowly, whereas one who descends is the one who goes quickly.

And what seems closest to me to say about this is as follows, for any judge who does not judge with deliberation, it is due to his arrogance, as he wants to show everyone that he is knowledgeable in laws and knows how to compare one matter to another. And in his haughtiness, he will not seek out the content of the law from a book, and thus one who does not judge with deliberation is one who ascends the steps through pride and arrogance. This is what Rashi explained as “in haste,” for he quickly rushes his words to decide the law, and his heart is arrogant in instruction. But the verse says When I take the appointed time, I will judge fairly (Psalms 75:3). Specifically, when I take time and an appointed moment, and as it is said When my heart was fermented (Psalms 73:21) — meaning to let the judgment ferment — then my mind was sharpened. In any case, I find it difficult regarding Rashi’s explanation that the juxtaposition of these sections comes to teach that the Sanhedrin should be placed near the altar — from where did Rashi derive this? Perhaps the juxtaposition comes according to what Bar Kappara taught, or according to the words of Rabbi Elazar. Why did Rashi see fit to make a third interpretation and omit those two interpretations mentioned in the Gemara?

Therefore, it seems to me that Bar Kappara and Rabbi Eleazar both hold that what is stated And do not ascend with steps upon My altar — the word al [upon/on] has two interpretations: both literally “on top of” which is the simple meaning of the verse, and also meaning “next to” as in the verse and you shall sacrifice upon it which Rashi interprets as “next to it,” similar to and next to him the tribe of Manasseh (Numbers 2:20). And we can learn the lower from the upper: just as upon him mentioned above means “next to,” so too upon mentioned below also means “next to.” The connection between these passages led them to this interpretation, because it says And these are the judgments with the connecting vav, which implies that above some statute and judgment was also given to the judges to instruct them in the way they should go. And regarding this it says And these, meaning in addition to the statute and judgment given to them above, you shall set before them these judgments as well. This raises the question: where above does it speak about the laws for judges? It must be that the place of the Sanhedrin is next to the altar, and above it states as a warning to those who sit next to the altar, And do not ascend with steps upon My altar — meaning next to My altar.

And in this meaning, Bar Kappara and Rabbi Elazar disagreed, for Bar Kappara’s opinion is to interpret the verse in addition to its plain meaning, addressing those who sit at the altar, meaning near the altar: Do not ascend by steps hastily to judge without deliberation, in a manner of pride and arrogance, since you are sitting at My altar, near My altar which entirely teaches the virtue of humility. This is evident both because it is an earthen altar, and because the sacrifices of God lead to a broken spirit. So how could it enter your mind to conduct yourself with pride and haughtiness in this place which entirely teaches the virtue of humility? This interpretation follows the method of homiletical exposition [drash], since the plain meaning and the midrash do not speak of the same matter. Therefore, Rabbi Elazar came to explain this in a way where both the midrash and the plain meaning address the same matter. His view is to explain that the verse wants to caution the judge who sits near the altar: Do not ascend by steps to take steps in a coarse manner near the altar, for there is the seat of the Sanhedrin. And one who ascends there by steps is stepping on the heads of the holy people — meaning on those who are leaders of the holy people, namely the Sanhedrin. For according to its plain meaning, it is difficult: would one only be prohibited from stepping on the head specifically, while it would be permitted to step on the entire body? Rather, “on the heads” means on those who are heads [leaders] of the holy people. Without this connection, I would say that the verse Do not ascend by steps contains only its plain meaning. Also, the verse did not want to rely on the kal vachomer [a fortiori] argument that Rashi mentioned, for if so, how would we know that a judge should not step [over other judges]? For from a kal vachomer one can only learn about other people, but a judge might mistakenly say: “I too am a judge like him, and it is permitted for me to step over him.” Therefore, the juxtaposition [of verses] comes to negate this view. And we find that according to both Bar Kappara and Rabbi Elazar, we learn that the place of the Sanhedrin was near the altar. Therefore, Rashi explained what emerges from both their words.

There is another warning regarding being deliberate, not to hastily decide a case due to the acceptance of any bribe, for regarding the term “shochad” [bribe], our Sages of blessed memory said (Ketubot 105b) that it is derived from the phrase “she-hu chad” [that he is one], meaning that the giver and the receiver become one like a single person. However, this explanation is not entirely satisfactory because the word “shochad” refers to the thing that is taken, not to the person who takes it. Therefore, it seems to me that “she-hu chad” means sharpness, from the expression iron sharpens [yachad] iron (Proverbs 27:17), because every finalization of a judgment is referred to by the Sages as “cutting the judgment.” One who is deliberate in judgment and does not cut it hastily resembles someone cutting with a knife that is not very sharp, which does not cut quickly. But when a judge receives something, his knife immediately becomes sharpened and he cuts the judgment hastily, no longer needing to be deliberate in judgment to clarify the truth, since his mind has already decided to justify the one who gave him [the bribe]. Therefore, the money is called “shochad” [bribe] because “she-hu chad” [it is sharp], as the money is sharp and cuts the judgment quickly. And if you prefer to apply the term “chad” [sharp] to the judge, then its meaning is that once the judge receives [a bribe] from one party, the judge immediately becomes sharp and clever, knowing at once which way the judgment leans, and such a case no longer requires delay or deliberation.

Another explanation for why money is called “shochad” [bribe] is that it is “chad” [sharp], because our Sages of blessed memory said (Avot 5:11) that the sword comes to the world because of the delaying of justice and the perversion of justice. Therefore, this money is sharp like a sword and cuts like a sharpened sword. And the reason for placing the Sanhedrin near the altar will be explained shortly.

Before them. And not before gentiles, even in a case where the nations judge according to the laws of Israel, etc. (Gittin 88b). This matter requires sufficient explanation. Let us preface this explanation with what we find in the Midrash (see Esther Rabbah 1:12) that on King Solomon’s throne there were six steps, and it was written on the first, Do not pervert justice, and on the second, Do not show partiality, and on the third, Do not accept bribes, and on the fourth, Do not plant for yourself an Asherah, and on the fifth, Do not set up for yourself a pillar, and on the sixth, Do not sacrifice to the Lord your God an ox or sheep which has a blemish. Any thoughtful person would be astonished at this sight: what relevance do these three prohibitions — do not plant, do not set up, and do not sacrifice — have to a throne prepared for one who sits in judgment? Is it merely because they are adjacent in the Torah that they were placed on the throne? It would have been more appropriate to write in their place he shall not increase wives for himself, he shall not increase horses for himself, and silver and gold he shall not increase for himself. From this, there is clear evidence that all these six prohibitions speak about matters of justice. And from where did King Solomon learn to say this? Surely he understood this from the juxtaposition of the section of Mishpatim [laws] to the section of the altar, indicating that the Sanhedrin should be placed near the altar. And what is the practical difference that God commanded to place the Sanhedrin near the altar? Certainly to teach wisdom to the people that whatever disqualifies the altar and what is offered upon it also disqualifies the Sanhedrin, specifically regarding the matters mentioned at the end of Parashat Yitro concerning the altar.

And with this also resolved is what was the great need to command them on making the altar — understandably the laws were a necessity of the hour, but the altar was not such an immediate necessity since they had not yet been commanded regarding the Tabernacle. Rather, certainly for this reason the work of the altar preceded the section of Mishpatim to tell you that you should place the Sanhedrin near the altar so that they would learn from the altar that whatever disqualifies the altar also disqualifies the Sanhedrin.

The first one is, as it says, And you shall sacrifice upon it your burnt offerings, etc. Therefore, it mentions here the sacrifices to tell you that just as a blemish disqualifies sacrifices, so too a blemish disqualifies members of the Sanhedrin, as is stated in tractate Yevamot 101a: Just as the court was clean in justice, so too they were clean from any blemish, as Solomon said, You are all beautiful, my beloved, and there is no blemish in you. And from where did they learn to say this? Is it not that we do not derive Torah laws from words of the Prophets [Tradition]? Rather, certainly King Solomon learned this from the juxtaposition of this section and from the juxtaposition of You shall not sacrifice (Deuteronomy 17:1), because in Deuteronomy everyone agrees that we interpret adjacent passages, even those who do not interpret them elsewhere. And therefore, he engraved on his throne the verse You shall not sacrifice to the Lord your God an ox or sheep that has a blemish, etc., because by this he indicated that all the Sanhedrin who sit on the seat of judgment were free of blemish, like the sacrifice.

In the Torah portion of Emor (Leviticus 21:17), it will be explained, with God’s help, that any physical blemish is not so disqualifying in itself, but rather because it indicates some negative trait in the body, whether in animals or humans. Therefore, it is written which has a blemish, any evil thing, because the blemish indicates some evil thing as mentioned. For this reason, they were careful that the Sanhedrin [high court] members should be free from any blemish. Thus, they said: “Just as they were clean in righteousness, so were they clean from blemishes.” Why did they connect blemishes with righteousness? Certainly because one depends on the other. And by way of allusion, we can say that we learn the unclear from the explicit. It is written here blemish, and it is written there And if there is a blemish in it, lame or blind (Deuteronomy 15:21) — just as there it refers to lameness or blindness, so too here. From this, derive also regarding the blemish that disqualifies one from the Sanhedrin: it refers to one who takes bribes, for this leads to blindness, and to the perversion of justice, for he limps on his thigh and his foot does not stand on level ground; rather he wavers between two opinions and he totters. As it is written and takes no bribe against the innocent; he who does these things shall never be moved (Psalms 15:5). This implies that one who takes bribes totters, and a lame person typically totters.

The second is, what he would write on his throne, And you shall not erect for yourself a monument [of a single stone], meaning to tell you not to judge alone, for only the Holy One, blessed be His name, judges alone. He also learned this from the adjacency of this section where it says, And if you make for Me an altar of stones. This implies specifically [an altar] composed of many stones and not a monument of a single stone. Similarly, the Sanhedrin, men of high standing who are called “crown stones” and “holy stones,” must specifically be many and not one. Rashi explains in the portion of Judges, which the Lord your God hates — it was beloved in the days of the Patriarchs, etc. And as an example of this regarding judging alone: in the days of the Patriarchs, the Holy One, blessed be He, was not so particular, because Shem and Eber and Abraham, Isaac, and Jacob judged alone. And so too Judah said, Take her out and let her be burned, which shows that he judged alone. Moses also judged alone before Jethro came, because they were perfect in their understanding and possessed knowledge from their Maker, and were not afraid of making errors. But as hearts diminished and continued to decrease, the Lord commanded not to judge alone.

There is also an allusion in the stone altar, that the stones should be whole and not hewn; similarly, a judge should be perfect, without any blemish, without additions or subtractions, and should not need external beautification or adornment like a hewn stone upon which a sword has been raised, profaning it from its sanctity. The same reasoning applies to a judge who needs external correction, which gives place for the axe and the hewer to boast saying, “I appointed you, and on your own merit you are not worthy.” Therefore, it is good to choose whole stones that do not need external repair. Rashi explained that one can derive a kal vachomer [a fortiori argument] from stones, which neither see nor hear, etc., and because they bring peace, the Torah said You shall not raise iron upon them (Deuteronomy 27:5). One who brings peace between a man and his wife, or between a person and his fellow, how much more so will no calamity befall him. It seems that Rashi’s intention with this kal vachomer is to give a reason for the proximity of the Sanhedrin to the altar, because anyone who sits in judgment brings peace between a person and his fellow. And lest the judge fear anyone, that the one found guilty in judgment may pursue him, and the judge might want to remove himself from judgment to avoid harm, therefore the Sanhedrin sat near the altar, so they would learn a kal vachomer from the altar that no harm would befall them. And this is a precious interpretation.

The third is, You shall not establish for yourself an asherah — our Sages interpreted (Sanhedrin 7b) about one who appoints an unfit judge, [if it is] in a place of Torah scholars, it is as if he planted [an asherah] next to God’s altar. Similarly, they interpreted the verse You shall not make with Me gods of silver, etc. as referring to a god or judge appointed because of silver and gold. The concept of the asherah we learn from what is written: An altar of earth you shall make for Me — either filled with earth or adjacent to the earth. From all this we can learn that the Sanhedrin should also be humble in mind, for every humble and lowly person diminishes his full height toward the ground. Therefore it says He guides the humble in justice (Psalms 25:9). But one who is arrogant in rendering legal decisions is a fool, wicked, and haughty in spirit, for he does not judge deliberately since he is embarrassed to ask about his uncertainties. It is known that sometimes an unfit judge is appointed because of his arrogance or the arrogance of his relatives and family who honor him so that he might be “fortunate” [meushar] in the land and bring them fame and praise, as suggested by the name “asherah” from the expression women have called me fortunate [ashruni banot]. Our Sages said (Sotah 5a) that anyone who has arrogance deserves to be cut down like an asherah tree, as it is written here and their asherah trees you shall cut down (Deuteronomy 7:5), and it is written there and the tall of stature shall be cut down (Isaiah 10:33). What is the connection between an arrogant person and an asherah? It is because this unfit person is established for the fortune and praise of his relatives, and he is like an asherah tree that has many branches and leaves to sit in its shade. Similarly, they appoint him as a judge so that his relatives can sit in his shade. But in truth, their protection has departed from them, and there is no need to elaborate further on this. And regarding what they said, “in a place of Torah scholars, it is as if he planted it next to the altar” — this is because that is where the Sanhedrin sits. For this reason they said, “before them and not before gentiles, etc.” because it is said Not because you are more numerous than all the peoples did the Lord desire you [and choose you, as you are the smallest] (Deuteronomy 7:7). And our Sages said in the tractate (Chullin 89a) that Israel diminishes themselves, unlike idolaters who are haughty and arrogant in spirit. Therefore, they are not fit for laws and judgments which they do not know, for their arrogance ruins all judgments.

And evidence for all this is from the midrash of our Sages, brought in Yalkut Parshat Shoftim (907), which states: Judges and officers shall you appoint for yourself — This is comparable to a king who had many sons and loved the youngest more than all of them. The king had an orchard that he cherished more than all his possessions, and he gave the orchard that he loved to his youngest son whom he loved. Similarly, the Holy One, blessed be He, said: “Of all the nations, I love Israel, as it is said When Israel was a youth I loved him, and from Egypt I called My son (Hosea 11:1).” And it is written For the Lord loves justice (Psalms 37:28). He gave the laws to Israel. The Holy One, blessed be He, said: “If you observe the law, I am exalted, as it is stated And the Lord of hosts shall be exalted through justice (Isaiah 5:16).” One must analyze this midrash carefully, for it states, “This is comparable to a king who had many sons,” thus it refers to the nations as “sons” too. This is not explicitly stated in any verse. On the contrary, the verse states, from Egypt I called My son, which implies that only Israel is called “sons.” Also, from the statement “he loved the youngest more than all of them,” it implies that He loves the nations too, just not as much as Israel. This has no proof from Scripture; on the contrary, the verse states Yet I loved Jacob, but Esau I hated (Malachi 1:2-3). Furthermore, why did [the midrash] bring the verse When Israel was a youth I loved him as proof? Why not bring the verse I have loved you, says the Lord (ibid. 1:2) as proof?

And I say that this entire midrash is built on the foundation of humility, to instill it in all who sit in judgment, because it is for this reason that it says before them and not before idolaters, for anyone who is arrogant does not judge deliberately and does not allow the judgment to ferment, to settle on its lees. And this is the meaning of the parable of a king who had many sons, and the analogy is not about the nations and Israel, but rather about all of Israel who are called the children of the living God. And of all of them, He loves the youngest — meaning, among all the sons, that is, among all of Israel, He loves more than all the others the “small one” who diminishes himself, who is humble and lowly — he is chosen to occupy the seat of God in the assembly of judges. Therefore, he brings proof from the verse For Israel is a youth and I love him (Hosea 11:1), meaning when he makes himself small like a youth and is unlearned, then the Holy One, blessed be He, loves him more than all the children of Israel. For the more humility is found in those below, the more the greatness of God, blessed be He, will be revealed and seen, because the humble restore the crown to its former place, to the Holy One, blessed be He, who is called the Ancient of Days (Daniel 7:9). For through this they acknowledge that He alone is clothed in majesty, and it befits Him and no other. Therefore, he brings as proof the verse And the Lord of Hosts shall be exalted in judgment (Isaiah 5:16) and says if you preserve judgment — which is related to the term “lees of wine” — meaning that your heart should ferment by judging deliberately, as it is written Keep judgment (Isaiah 56:1). It is also an expression of “lees,” for any liquid that stands still on its lees, the sediment sinks down and the liquid remains clear. Any vinegar has certainly stood for a long time on its lees, and because of this became vinegar. Regarding this it says Keep judgment for all judgment needs to be fermented and delayed until the lees — that is, the waste and confused opinions mixed in human intellect — sink down. And when they go down, his intellect will remain clear, pure, and clean without mixture, and then he will not come to error. Therefore it says keep judgment but charity should not be delayed; rather, if some poor person asks something of you, fulfill his request immediately. Therefore it says and do righteousness (Isaiah 56:1). All this will be explained further in the portion of Shoftim, with God’s help, on the verse Justice, justice shall you pursue (Deuteronomy 16:20), because the language of “pursuit” applies to charity and not to judgments. And this is the meaning of “if you keep judgment, I am exalted,” because one who judges deliberately certainly possesses the trait of humility, as he is not embarrassed to ask about his uncertainties or to examine a case for a long time until he brings forth a truthful judgment. And through the humility of those below, the Holy One, blessed be He, is exalted, as it is written And the man shall be humbled, and the person shall be lowered, and the eyes of the lofty shall be humbled. But the Lord of hosts shall be exalted in judgment (Isaiah 5:15-16).

“And that which I said, ‘From all the nations I love Israel’” — this is not an explanation of the parable about a king who had many sons, because “many sons” refers to all of Israel. Rather, this is a separate statement, and the “mem” in “mikol” [from all] is not a “mem” indicating a superlative. He brought the nations as proof of His words, saying: Just as from all [mikol] the nations I did not love any nation at all except Israel alone that I loved, and the main reason for My hatred toward idolaters is because of their arrogance, for the Lord detests all the proud of heart — similarly, even among Israel who are called sons, I love more than all others the small one who makes himself small and regards himself as a youth and unlearned, for then he judges deliberately.

And furthermore, the judge who is not haughty of spirit, he attends to small matters as well as large ones, as it is written You shall hear the small and the great alike (Deuteronomy 1:17). This excludes anyone who is arrogant, who does not attend to small matters. And for this reason, the author of this Midrash compared justice to a beloved orchard, because in any orchard, the owner of the orchard does not reveal which planting is more excellent than its companion, so that everyone will tend to all the plantings equally, as concluded in the Yalkut at the beginning of Parshat Eikev. And this is precisely the idea of You shall hear the small and the great alike, and this is a precious interpretation.

“Before them.” And not before common [unqualified] people, as it concludes in Tractate Gittin (88b). The implication is as if it had already been mentioned in the verse that it speaks about ordained judges with wisdom. But where was this stated? Rather, it certainly relies on the section about the altar mentioned before this verse. We have already said above that we learn from the altar everything that is said about it, and whatever disqualifies something in the altar also disqualifies in judges. It said about the altar, And if you make for Me an altar of stone, you shall not build it of hewn stone but rather you shall build it of whole stones. Similarly, those who sit beside the altar should be whole stones that do not need fixing, excluding common people who need fixing, and even with all that effort, it will [only] maybe help. Just as He disqualified the nations because of their prideful hearts, so too He disqualified common people for this reason, because the most common person has more arrogance than an important person, and this way is known and well-trodden by many.

Behold, the ways of the judges’ conduct, since we’re on the topic, let’s discuss it. Even though it’s not directly related to the section, but since the verse And these are the judgments is connected to the verse and do not ascend by steps to My altar, we can learn that the main corruption of justice depends on arrogance. As our Sages said (Avot 4:9), “One who is arrogant in rendering decisions is a fool, wicked, and haughty.” This means that the arrogance of his heart will lead to three corruptions. The first corruption is that his arrogance will lead him to foolishness, because he will not want to judge with patience, as it would be embarrassing for him, and through this he will mix up one type with another. The second corruption is that his heart will persuade him to compare himself to the Most High and to judge alone, making him wicked, who in the pride of his countenance does not seek God and All his thoughts are, “There is no God.” The third corruption is that he will adopt the trait of pride, becoming haughty not only in judgments but in all matters of wisdom he will expose himself. We find that the Men of the Great Assembly, when they saw the corruption of the judges of the First Temple — all this came upon them because the daughters of Zion were haughty — therefore they wielded the scepter of the Holy One, blessed be He, and said, “It is time to act,” to restore the crown to its former place, namely to the Holy One, blessed be He, who is called the Ancient of Days (Daniel 7:9). Therefore, they said three things: “Be deliberate in judgment” (Avot 1:1), so as not to be a foolish judge acting rashly, because perhaps one’s initial understanding is confused and mixed with sediments before they ferment, as explained above. And through this they restored the crown to the Holy One, blessed be He, as we explained above on the verse And the Lord of hosts is exalted in judgment. They also said, “Raise up many disciples”, so that one would not need to judge alone, as mentioned. And they further said, “Make a fence for the Torah,” so that one should not be haughty at all. For in all traits, it is good for a person to follow the middle path, except in the matter of arrogance, about which our Sages said (Sotah 5a), “Not even a little of it is good,” and as it is written (Avot 4:4), Be exceedingly humble in spirit, emphasizing the matter and leaning to the extreme end. This is the matter of the fence and boundary, for this trait needs more protection than all other traits. Therefore, they attributed this matter to one who is arrogant in rendering decisions, because perhaps in this trait he will permit himself to say, “It is good for me to behave with arrogance in order to impose my authority on the litigants, for through this my words will be heeded.” Therefore, it says that this is the counsel of the evil inclination, for eventually he will become arrogant in every matter in the world, even outside of legal judgments.

These three things in their image and likeness, the psalmist Asaph collected them in Psalm 75,To the chief Musician, Al-taschith [Do not destroy], A Psalm Asaph, a Song. For the corruption of justice causes the destruction of the world, as the world stands on justice, and the destruction of the generation of the flood proves this. The psalmist wanted to mention the establishment of justice, therefore he said Al-taschith [Do not destroy] and said We give thanks to You, O God, we give thanks. The judges who are called “elohim” [gods/judges] will thank You for two matters. One is, Your name is near. For You stand in the divine assembly; in the midst of judges, God judges. The second, They tell of Your wondrous works. This is a language of concealment and wonder, referring to how You concealed the laws from all nations and tongues, and judgments they have not known. For the idolaters, in their arrogance, do not judge with patience, but I, when I select the appointed time, I will judge uprightly. Therefore, he added the word I to exclude idolaters and common people. The earth and all its inhabitants are dissolved. For whoever corrupts justice causes corruption to the foundation of the world, as stated in Psalm (82:2-5), How long will you judge unjustly… All the foundations of the earth are unstable. Therefore, it says here, I have set up its pillars firmly. And afterward, he mentioned “al” [do not] three times: I said to the boastful, ‘Do not boast’ — that’s one; And to the wicked, ‘Do not lift up the horn’ — that’s two; Do not lift up your horn on high — that’s three. And corresponding to them, he said “ki” [for/because] three times: For not from the east or from the west — that’s one; For God is the judge — that’s two; For there is a cup in the hand of the Lord — that’s three. And regarding what our Sages said, “One who is arrogant in issuing rulings is a fool, wicked, and haughty,” it says here, I said to the boastful, ‘Do not boast,’ meaning, do not be a fool who relies on his own wisdom and does not want to judge with patience. For no person is secure that perhaps there is a mixture of dregs in his intellect, for “to the boastful [lehollelim]” is a term of mixture, from the expression I said of laughter, it is mixed [mehollal], meaning mixed with sorrow. And here it refers to one who is mixed with foolishness; therefore, he needs to let it ferment so that he does not drink his wine with its dregs. And regarding what they said that a wicked person should not judge alone, likening himself to the Most High, it says here, And to the wicked, “Do not lift up the horn.” It mentions only one horn because it speaks of the wicked person who, in his arrogance, does not seek out his colleagues to take counsel in judgment but wants to rely entirely on himself. We can also say that the term and to the wicked does not refer to the judges but to the litigants standing before you like wicked people, and regarding them, Do not lift up one horn, for perhaps one judge cannot handle powerful litigants, and two are better than one. And regarding what they said that one who is arrogant in issuing rulings will eventually become haughty and will burst forth against all sound wisdom, it says here, Do not lift up your horn on high, for it is the nature of wind/spirit to rise upward, therefore it says regarding the haughty, Do not lift up on high.

And afterwards he gave three reasons for these three, and with what he concluded, he began and said for not from the east, nor from the west, nor from the wilderness of mountains and it is concluded in Yalkut Parashat Matot (32.) that all mountains in Scripture are literally mountains except for this one which is a term of elevation. Thus, according to our way, he speaks about the haughtiness of the arrogant person, about whom he said do not raise your horns on high. For how can a person who is compared to vanity be proud when his beginning is from a putrid drop and his end is a place of dust, worms, and maggots? Behold, Solomon said about the day of death before the sun darkens (Ecclesiastes 12:2), implying that the time of his entry into the world is the beginning of the rising of his sun. Therefore it is said for not from the east, nor from the west — meaning he cannot claim that he has mountains and elevation from the east, that is, from the beginning of his formation, because on the contrary, he comes from and emerges from a putrid drop. And similarly, he has no mountains and elevation from the west, because on the contrary, at the setting of his sun, he goes to a place of dust, worms, and maggots. And if he says that between these two boundaries he has a place to be proud because of his Torah and his wisdom, about this it says nor from the wilderness comes elevation. And is there elevation from the wilderness? Behold, everyone tramples upon it. And in the tractate Eruvin (54a), our Sages of blessed memory said, “If a person makes himself like a wilderness that everyone tramples upon, the Torah is given to him as a gift.” This teaches that the Torah was given in the wilderness so that all who study it would be like this wilderness that everyone tramples upon. So how could it enter one’s mind to take mountains and elevation from the wilderness? Therefore I said, do not raise your horns on high.

And then he said corresponding to what was written Do not raise a horn to the wicked. “By itself” [meaning] that he should not judge by himself. For this reason he gave an explanation and said Because God is judge, meaning that there is none who judges by Himself except for the Holy One, blessed be He, and it is in His hand to lower and to raise, and who can say to Him “What are You doing?”

And afterward he said, corresponding to what is written, “I said to the boastful, ‘Do not boast.’” That one should not judge before the judgment has fermented, while his mind is still mixed with the dregs. Concerning this, he said, For there is a cup in the hand of the Lord, and the wine foams; it is full of mixture, and He pours from this. For the cup of the Holy One, blessed be He, is clean from all dregs, and He pours from this means to pour His spirit upon flesh, a pure and clean spirit free from all mixtures. But its dregs, all the wicked of the earth shall drain and drink. These are the boastful ones whose wine of intellect is mixed with dregs. And the wicked who do not judge with patience to let the judgment ferment are like those who drink wine while it is still mixed with dregs. The confusion and cloudiness of the intellect causes them to pervert justice. And I will declare forever. Since above he said of himself, I judge uprightly, he further gave a straight path before a man sitting in judgment, saying, I will declare forever/to the world — to speak harshly, like sinews, to the world, to both litigants. For when they stand before me, they are like wicked people in my eyes, and I will not fear the powerful litigant while the wicked stand before me, for I will sing to the God of Jacob who saved Jacob from one stronger than him and from his pursuers; He will save me also from the pursuer. Nevertheless, the wicked should not rely on this, saying, “Since he speaks harshly to my fellow litigant as well, perhaps my fellow also appears guilty in his eyes.” Rather, All the horns of the wicked I will cut off, but the horns of the righteous shall be exalted. For in the end, I condemn the wicked and vindicate the righteous. All that is alluded to in this psalm is alluded to in these brief words that our Sages interpreted: Before them — not before gentiles; before them — not before ordinary men. And the wise will hear and increase learning.

“When you acquire a Hebrew servant.” The reason for beginning all the laws with the release of a servant to freedom after six years is because the Ten Commandments begin with I am the Lord your God, who brought you out of the land of Egypt, out of the house of bondage. Here it says, just as you were a servant and freedom was given to you because I redeemed you from the house of bondage, so shall you proclaim liberty and freedom to your servant who is sold to you for his theft. For you too were sold because of the theft of Joseph, whom the tribes sold, and this led to your descent to Egypt, to the house of bondage, and nevertheless you were set free. So you too, including your servants, shall set them free.

And regarding what is written using the term “Hebrew” [Ivri] and not saying “your brother” or “Israelite”, and similarly in the portion Re’eh (15:12) it says, When your Hebrew brother or sister is sold to you. This is because all of Abraham’s descendants were from “across the river” [Ever HaNahar], and there our forefathers were idolaters from ancient times. And after they entered under the wings of the Divine Presence, they were called by the name “Israel.” And this sinner who is sold due to his theft is called by the name Hebrew because he has taken up the ways of Abraham’s forefathers. And the term Hebrew [Ivri] also alludes to one who transgresses [over — עובר] a sin, and even though he has sinned and transgressed, nevertheless “he is your brother.” Therefore it says your Hebrew brother, etc. But regarding one who sells himself, who has not sinned, it says (Leviticus 25:39), When your brother becomes impoverished without qualification, and it does not say “the Hebrew.”

Some say that this is why it states “Hebrew slave, [eved Ivri, literally a slave that is Hebrew],” to indicate that he is already a slave before you acquired him, because the decree of the Holy One, Blessed be He, comes first, as it is stated: For they are My servants (Leviticus 25:42). And regarding what it says, And if the slave says… — because he repeated his folly, it does not mention him with the name “Hebrew.” And the reason for six years he shall serve — some say that the standard term for a hired worker is three years, as it is said: And the glory of Moab shall be brought into contempt, within three years, as the years of a hired worker (Isaiah 16:14). And a double hired worker’s wage was imposed upon him because of the penalty of the double payment [for theft]. But others say this is not so, for it is said in another place: Within a year, according to the years of a hired worker (Isaiah 21:16), and its interpretation is a precise year, and this is how Rashi and the Radak interpreted the verse And the glory of Moab shall be brought into contempt. And perhaps the reason is corresponding to the three thefts he committed: his master’s money, his master’s trust, and the Divine will. Corresponding to these, he works for three years, and because of the double payment penalty, another three years. And some say that this is like all the sevenths that were chosen for rest, to commemorate the creation of the world, like the Sabbath, the Sabbatical year, and the Jubilee, for every seventh is chosen for rest. And this [explanation] is more correct and reasonable to accept.

If his master gives him a wife. Only at a time when he is already married is his master permitted to give him a maidservant. Some say the reason is that if he is not married, there is concern that he might say, I love my wife, the maidservant. But if he is already married to an Israelite woman, there is less concern because his soul is already attached to the love of the Israelite woman. And some say the reason is that if he is married, his master is obligated to provide food for his wife and children, so no master would want to buy him and burden himself with this yoke. Therefore, to balance this, the Torah gave the master the right to give him a maidservant to bear slaves from her. But if he is not married, he has many potential buyers anyway. And perhaps there are additional considerations regarding the nullification of the commandment to be fruitful and multiply, because if he is married, he fulfills this commandment with the Israelite woman, and the Torah was not concerned about his involvement with the maidservant as well. But if he is not married, he would neglect the commandment to be fruitful and multiply, and his seed would be wasted on the unfit maidservant.

“I love my wife and my children, I will not go out free, etc.” The reason for piercing the ear, as Rabbi Yochanan ben Zakkai explained: The ear that heard at Mount Sinai You shall not steal and then went and stole, should be pierced… (Mechilta 34). People ask about this: why isn’t the ear pierced immediately when the court sells him or when he sells himself? In my opinion, it is more reasonable to say that he is punished in his ear as explained (in Bava Kamma 79b): Why did the Torah treat a thief more severely than a robber? Because the thief did not give equal respect to the servant [man] and to his Master [God]. He acted as if the Eye Above doesn’t see and the Ear Above doesn’t hear, etc. Therefore, it is just that he should be punished in his ear because he sinned against the Ear Above [God’s hearing]. This explains why he is pierced more than any other wrongdoer, because according to Rabbi Yochanan ben Zakkai’s reasoning, it would be difficult to understand why he wouldn’t be pierced for every transgression in the Torah. One cannot ask why his eye isn’t also punished, because that would blind him and render him unfit for work. However, for one who sells himself due to poverty, there is another reason: because as long as he is a servant to servants, he must incline his ear to hear his master’s voice, and he removes his ear from hearing God’s voice since he is under the authority of others. This is unlike one who is sold for his theft, as he is compelled in the matter because the court sells him.

Nevertheless, it is difficult [to understand], let the thief be immediately pierced [in the ear], even if he has the means to pay, and similarly, let one who sells himself be immediately pierced at the time of sale. The answer to this matter is that a person is not judged with two judgments, for any thief who has [means] will pay double, and then he has received his judgment and is exempt. And if the court sells him for his theft, his punishment is servitude. Similarly, one who sells himself due to his financial pressure is also compelled by the great distress that brought him to this measure. But the Torah has also given him one thing across from the other, the option to go free after six [years]. Yet of his own good will without any compulsion at all, if the servant says, I love my wife and my children; I will not go out free — behold, he chooses to be a slave to slaves and turns his ear away from hearing the voice of God, then it is just that he should be struck in his ear. And one who is sold for his theft also needs another punishment beyond servitude, because it is retroactively revealed that servitude is not any punishment for him, as he still chooses servitude because it is good for him with you. And where is his punishment for You shall not steal and for For the children of Israel are servants to Me and not servants to servants (Bava Kamma 116b)? Therefore, he is pierced in the ear, for with this he is exempted from these two transgressions, as one punishment applies to both. This reason is sufficient according to Rabbi Yochanan ben Zakkai, and it also explains why he is not pierced immediately, even according to his words.

The reason for piercing specifically at the door and doorpost is that after six years, the Torah opened a door for him to go from slavery to freedom, and the door turns on its hinge, but the lazy person does not want to leave. It’s like someone sitting in prison and they open a door for him saying “Go, escape!” Yet he chooses the imagined benefits he has, because it is good for him with his master in food and drink, so he leaves the door open and doesn’t want to exit. It is right that he should be pierced at the door or on the mezuzah which has inscribed on it the passage You shall love the Lord your God, while he says “I love my wife and my children.” He is exchanging love of the Blessed God for love of his wife, the maidservant. Therefore, he should be pierced at the mezuzah. Additionally, every free person has the ability to fulfill what is written Watching at my doors day by day, to guard the doorposts of my entrances (Proverbs 8:34), but this person is watching at his master’s doors and turns his ear away from hearing God’s voice to be watching at His doors. Therefore he should be pierced there, to say: “Because of your bad choice, you are fixed here and shall not move from here again.”

There is another reason for piercing the ear, following what our Sages said (Kiddushin 70): “Anyone who marries a woman who is not suitable for him — Elijah binds him and the Holy One, blessed be He, pierces him.” Even though Rashi interpreted “pierces him” to mean “lashes him with a strap,” nevertheless it seems more correct to me to say that He pierces him with an awl. And this matter we learn from the law of this slave who says, I love my wife referring to the unfit maidservant. For although the Torah gave permission to his master to give him a Canaanite maidservant, nevertheless, the Torah also gave him [the slave] the opportunity to remove this disgrace and blemish from himself and to go free. However, when he says, I love my wife the maidservant, and does not want to leave her, then it is as if at that moment, of his own good will, he is marrying this unfit woman. Therefore, he is punished in his ear, because no other organ feels this disgrace as much as the ear does when it hears the whispers of many people around saying, “This is your unfit wife and these are your flawed children.” And from here extends this law to anyone who marries an unfit woman.

There is another reason for piercing the ear, for it would be appropriate that he should be punished in his entire body, but the Torah had mercy on him that he should be punished in one limb that is equivalent to his entire body. For one who cuts off his neighbor’s hand pays him the value of his hand, blinds his eye pays him the value of his eye, deafens him pays him the value of his entire body, as is concluded in Bava Kamma (85b). Beyond all these reasons, there is in this matter a proper allusion to all the blind ones in the camp of the Hebrews who bear on their shoulders all their days all kinds of servitude, hardships, and pains in order to acquire illusory possessions, and to those possessions he is sold as a permanent slave. And he claims that he is forced to deal with silver and gold for the sake of his wife and children, and that he accumulates for them, and does not seek freedom all his days, and he accepts and takes upon himself all the hardships saying I love my wife and my children, I will not go free, freedom engraved [charut herut] upon the tablets, “for I am bound in the cords of man and in the bonds of love for a wife and children.” And therefore he is called a pierced slave, because all the days of his life the man will not rest until he has spent his days in vanity and his years in haste and various troubles one after another, and when he dies, his wife and children will not accompany him except to the entrance of his grave, and from there they will part, as it says in Pirkei d’Rabbi Eliezer in the parable of the three lovers, etc. (Chapter 34). Therefore it is said regarding this generic slave, and his master shall bring him to the judges. To the place of judgment, for in this they hint to every person that in the future on the day of judgment, his wife and children, about whom he said I love my wife and my children, will not come to his aid. For they do not love him so much, and on the contrary, they will leave him at the door and outward, and there sin will crouch at the door, and from the door outward they will not enter with him to advocate for him. And this is a proper allusion and a secret of the mysteries of the Torah.

She shall not go out as the male slaves go out. Like slaves who go out for a tooth and an eye, rather she works for six years, or until the Jubilee year, or until she brings signs [of puberty]. At first glance, it seems appropriate to give a reason for all these matters of freedom regarding a Hebrew slave, a Hebrew maidservant, or a Canaanite slave, because any Canaanite who has not been illuminated by the light of the Torah has no other purpose except to deal in silver and gold, to amass grain like the sand of the sea, and to acquire wealth. For this reason, he makes himself like a donkey bearing a burden, and he is a slave with a pierced ear to his monetary possessions all his days forever. With that accumulated wealth, he has no other purpose except to feed his teeth and his eyes. His teeth and body, how so? Through his wealth, he obtains all kinds of food that enter through the mouth and grinders [teeth]. As long as his grinding teeth are strong and healthy, he imagines that just as they are strong now, so they will continue to be, grinding all food without ceasing, until they are worn out from eating and the grinders cease because they become few (Ecclesiastes 12:3). But before this happens, he is forever standing under this yoke of slavery. And when he comes into old age and can no longer taste any food with pleasure, then he ceases and becomes a free man, for why should he labor for the wind? As Barzillai the Gileadite said (Second Samuel 19:36): I am now 80 years old. Can I still taste what I eat? His eyes, how so? Sometimes, and more often than not, there is a person who gathers for all the camps more than necessary for his food and other needs, and this is in order to feed his eyes, as it is written (Proverbs 27:20): The eyes of man are never satisfied, and it is written: What advantage has the owner except to look at it with his eyes? (Ecclesiastes 5:10). As long as his eyes are in his head, he will never be satisfied and has no freedom at all. But when he grows old and his eyes dim from seeing, and those that look through the windows grow dark, then he will be satisfied from his soul’s toil, for whom is he laboring if his eyes are dim and the grinders have ceased? And as long as both [eyes and teeth] are at their full strength, he jumps from one food to another and pours from this to that, as explained in our work Ollelot Ephraim in the discourse about Hormiz bar Lilita who would pour from one [vessel] to another. Therefore, the Torah gives freedom to a Canaanite slave when a tooth or eye is knocked out, measure for measure, because this is the freedom that he too would choose from his soul’s toil, for he too only stops chasing after vanity when his tooth and eye cease functioning.

However, not like these is the portion of Jacob, for every man from Israel who has God’s Torah within him does not seek imaginary possessions except to the extent necessary to satisfy his household’s hunger, so that his limbs will be strong and healthy to engage in God’s Torah, which was given on the seventh day, the Sabbath, a day free from work. For on that very day he is free from labor in order to engage in the Torah that was given after 50 days at the sounding of the Jubilee. And when he has so much in his possession that he can engage in Torah without distraction, then he is a free man and casts off from his shoulders the burden of imaginary possessions and places upon his neck the yoke of Torah, which is alluded to in the [laws of] six [years] and the Jubilee. And this is what our Sages of blessed memory said (Avot 6:2), There is no free man except one who engages in Torah, etc. For he does not wait for his freedom until his old age, as is the custom of the nations who are released [from servitude] for a tooth or an eye [injury], but even in his youth he is a free man when he has sufficient means to engage in Torah, which was given after six days and in the Jubilee year. Therefore, measure for measure, the Torah granted freedom to a Hebrew slave after six [years] and in the Jubilee. Additionally, a Hebrew maidservant goes free upon showing signs [of puberty], indicating that her main purpose is for the continuation of the species, to bear children. Therefore, as soon as she shows signs and is fit to bear children, her master is obligated to free her in order to marry her to a man, for this is the purpose for which she was created.

There is another hint in this entire passage, that the seventh number is distinct from the six in three places: at the beginning of the passage “and in the seventh he shall go free”; at the end of all the laws between man and his fellow it is written but the seventh year you shall let it rest and lie fallow, that the poor of your people may eat; and in the middle of the entire passage, as concluded in the Yalkut on this passage, that there are 60 commandments in the entire passage until the section on the sabbatical year, and in the section on the sabbatical year there are 10 commandments, totaling 70, and certainly this number is not meaningless. What seems likely to me to say about this is that anyone who commits injustice and violence regarding money blinds his eyes from seeing that he will not take everything when he dies, and he will only be able to use all that he has for 70 years, the appointed time for all living, and as the seventh year approaches he will go free, as it is said free among the dead (Psalms 88:6), and the seventh year you shall let it rest and lie fallow, that the poor of your people may eat, for most of his use of them is when he goes to the grave in full age, corresponding to the numerical value of “in full age” (bekhalach, which is 70). But the last 10 years he should use for his eternal home, and remember that when he dies everything becomes ownerless, and he has no advantage in his labor. And if this matter were to be a reminder before his eyes, he would not commit injustice to pervert a person in his dispute, because what he has is not his — why does he need a possession that is not his [from a liturgical poem for the second day of Shavuot]? Therefore, the Torah hints at freedom in the seventh year in these three places in this passage, which is entirely built on the foundation of the laws between man and his fellow, and this is the secret of the number of 60 commandments, and the seventh passage, namely the sabbatical year, has 10 commandments, and the wise will understand.

One who strikes a man and he dies shall surely be put to death. Many have endeavored to find an order for all the commandments in this section, and I have found such attempts in Toldot Yitzchak and in Abarbanel, but their words did not seem right to me, so I did not see fit to elaborate on them at length. I say that just as the Torah began with When you buy a Hebrew slave which corresponds to the commandment I am [the Lord, your God] and the commandment I am certainly includes all the commandments between man and God up until Do not murder, so too here it begins with One who strikes a man, which corresponds to the commandment Do not murder. This is parallel to I am [your God] and is the first of the five latter commandments that deal with relationships between people. Do not murder encompasses them all, for even one who commits monetary injustice is called one who strikes a man because he wounds the soul. With proper refined contemplation, one can find all Ten Commandments alluded to in this section. If I were to add explanations for each commandment, the discussion would be lengthy, and I have already decided to make this work as concise as possible. Therefore, I have withdrawn from this task, as it is too great for me. Of all the laws, I decided to add explanations for the laws of theft, because there are several different rulings regarding it. One who kidnaps a person and sells him is considered as if he has delivered him to death, because the buyer can do whatever he wishes with him, for captivity has all [the hardships] in it (Bava Batra 8b). Therefore, his punishment is death. And for one who steals property, he must pay double, because a person does not leave this world with half his desires fulfilled — if he has one hundred, he desires two hundred, etc. (Kohelet Rabbah 1:13). Similarly, this thief who was not satisfied with what he had certainly desires double all day, therefore his punishment is to pay double. A hint to this is that the word “money” [mamon] is made up of doubled letters — when you write Mem, Vav, Nun. But ordinary robbers break in and do not desire doubling. Additionally, the thief steals two things: the owner’s property and the knowledge of his Maker, which is not the case with a robber.

And in the payment of four and five for stealing an ox or sheep and slaughtering it or selling it. Since its blood is sought here, and also to include the value of its potential offspring, because the male ox and the male sheep were capable of reproducing. We find in the Torah that Jacob sent 40 cows and 10 bulls, as each bull can impregnate four cows. Therefore, one must give four female cattle in place of the ox, plus a fifth cattle as a fine for the double payment. According to this calculation, one should have to give 11 female sheep in place of a male sheep, since each ram needs 10 females, plus one more for the fine. However, the Torah had mercy on him because of his humiliation in carrying the sheep on his shoulders, and reduced seven from him because of the humiliation, for human dignity is so great that it overrides [the requirement of] seven sheep. There is support for this from the verse People do not despise a thief when he steals… but if he is caught, he must pay sevenfold (Proverbs 6:30-31). The Ralbag explains that if the thief is found in the house of the owner of the stolen item, when he gives him seven for one, etc., it turns out that he gives seven because of his humiliation, for it is for the reason of he must pay sevenfold that it says do not despise a thief. And from where did Solomon learn to say that one should give seven for his humiliation? From the reduction of seven sheep from the 11, as mentioned.

“But if he survives a day or two days, he shall not be avenged, for he is his money.” Not only one day but even two days, for one might have thought that since he lived for two days and died on the third day, he certainly died from his injury, as the pain is most severe on the third day, as it is written On the third day, when they were in pain (Genesis 34:25). Therefore the verse teaches us two days, because whether one day or two days, we attribute [the death] to something else that developed in him. And [the master] certainly did not strike him with a cruel blow that could be fatal, “for he is his money” — and is there a person who would willingly destroy his own money? Certainly he did not strike him severely because he values his property, and [the slave] died due to something else.