(Deut. 16:18:) YOU SHALL APPOINT JUDGES AND LAW OFFICERS FOR YOURSELVES IN ALL YOUR GATES¹ WHICH THE LORD YOUR GOD IS GIVING YOU FOR YOUR TRIBES, SO THAT THEY MAY JUDGE THE PEOPLE WITH RIGHTEOUS JUDGMENT. This text is related (to Ps. 147:19): HE DECLARES HIS WORDS TO JACOB, HIS STATUTES AND HIS ORDINANCES TO ISRAEL. HIS WORDS are the words of Torah,²., Deut. 5:1. HIS STATUTES are the expositions (midrsahot), AND HIS ORDINANCES are the judgments [TO ISRAEL]. The Holy One gave the Torah and the judgments to no one but TO ISRAEL alone. And where is it shown? You learn that when Israel and a star-worshiping gentile have a dispute with each other, it is forbidden for Israel to say to the gentile (goy): Go with me to your courts,³ cf. Gk.: archai (“authorities”) or [archeia (“town offices”). because he would be transgressing a prohibition, since it is stated (in Ps. 147:20): HE HAS NOT DONE SO FOR ANY NATION (goy); AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM. But were not the peoples of the world commanded concerning litigations, since that is one of the seven commandments of the children of Noah?⁴ So what is the significance of (Ibid.): AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM? These are the fine points of the law (din). So this is what we teach (in Sanh. 5:2): ONCE UPON A TIME BEN ZAKKAY CROSS-EXAMINED WITNESSES ON FIG STEMS.⁵ Now the children of Noah are put to death on the evidence of a single witness, with a single judge, and without a warning. That is something which does not exist in Israel, since there are three judges in property cases, and there are twenty-three judges in capital cases.⁶. 4:1. Moreover, it is written (in Deut. 19:15): A SINGLE WITNESS SHALL NOT BE VALID AGAINST A PERSON…. ONLY ON THE EVIDENCE OF TWO OR THREE WITNESSES SHALL A CASE BE VALID. So there must be an investigation and an inquiry. How do they examine the witnesses? They bring them in and solemnly forewarn them. Then they would examine them again with seven inquiries:⁷ 5:1. 1. In what week,⁸ 2. In what year? 3. in what month? 4. On what day of the month? 5. On what day (of the week)?⁹ 5:1 and Tanh., Deut. 5:1, both of which add here: In what hour? 6. In what place? 7. Have you forewarned him?¹⁰. 5:1 and Tanh., Deut. 5:1. And so you find among the leaders¹¹ Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.¹² as “judge” but by other English verbs, such as “govern” or “rule.” It is written concerning Samuel (in I Sam. 7:6): AND HE WENT ON A CIRCUIT YEAR BY YEAR TO BETHEL, GILGAL, AND MIZPAH; AND HE JUDGED ISRAEL IN ALL THOSE PLACES. And David also was praised only for his judging, as stated (in I Chron. 18:14 // II Sam. 8:15): AND {DAVID}¹³ ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE.

footnotes: ¹ In biblical times court was generally held at the town gate, perhaps in one of the rooms like those built into either side of Solomonic gates at Hazor, Megiddo, and Gezer. ² Tanh ³ Arka’ot; ⁴ Cf. I Corinthians 6:1–6. ⁵ The gemara (Sanh. 41a) explains that a capital offense was involved. ⁶ Sanh ⁷ Sanh. ⁸ I.e., week of years, Sabbatical year of the Jubilee cycle. ⁹ Cf. Sanh. ¹⁰ This last query is one of various supplemental questions listed in Sanh ¹¹ Parnas. ¹² I.e., in various summary statements about Israel’s leaders, e.g., Judges 4:4; 10:2, 3; 12:7, 8, 9, 11, 13, 14; 15:20; 16:31; I Sam. 4:18; 7:6, 15–17; 8:1, 5–6, 20; I Kings 3:9, it is the fact that they judged Israel that is specifically mentioned. This fact may not always be obvious in modern translations, because they do not always render ShPT ¹³ The only difference between the versions of Chronicles and Samuel is that the name DAVID, which Buber chooses to bracket, appears only in the Samuel version.