160. And All the People Stand Over You
Yitro [Jethro], Beer Sheba, 1962
“And all the people stand over you from morning until evening.”
Can this be said so? But any judge who judges in complete truth, even for one hour, the text regards him as though he engages in Torah all day long, and as though he has become a partner of the Creator in the work of creation, as was said about it, “And there was evening,” etc. RASHI: “Can you imagine that Moses sat all day long and discussed? When His law is made? Rather, it is to tell you, ‘Any judge who judges in complete truth’” (Shabbat 10).
It is written in Sanhedrin (7a): “Rabbi Shmuel Bar Nachmani said, ‘Rabbi Yonatan said, ‘Any judge who judges in complete truth installs His Shechina [Divinity] in Israel, as was said, ‘God stands in the congregation of God; among gods He will judge,’ and any judge who does not judge in complete truth causes the Shechina [Divinity] to depart from Israel, as was said, ‘For the robbing of the poor, for the groaning of the indigent, now I will arise,’ says the Lord.’’”
And in Baba Batra (8b), “And the enlightened ones will shine as the brightness of the firmament,” this is a judge who judges in complete truth. And in the Mishnah it is different, “And the enlightened ones will shine as the brightness of the firmament” is a judge who judges in complete truth, and a collector of righteousness. RASHI interpreted, “a collector of righteousness—who enlighten the poor.”
It is written in the Megillah (15b), “Rabbi Elazar said, ‘Rabbi Hanina said, ‘The Creator is destined to be a crown on the head of each and every righteous, as was said, ‘In that day, the Lord of hosts will be the crown of a gazelle…’’’”
What is the connection between the crown of a gazelle and a glorious diadem, to those who do His will and hides His glory? Is it true for all? Indeed, it is “to the remnant of His people,” to those who make themselves the residue.” “A spirit of justice” is one who judges his inclination (and RASHI interpreted, “forces it to repent”). “For him who sits in judgment” is one who judges in complete truth. “And for strength” is one who overcomes his inclination (and RASHI interpreted, he does not follow it to commit a transgression).
We see four manners concerning one who judges in complete truth: 1) On Shabbat [Sabbath], it is as though he becomes a partner of the Creator in the work of creation. 2) In Sanhedrin, he installs the Shechina in Israel. 3) In Baba Batra, he is “The enlightened ones will shine as the brightness of the firmament.” 4) He will be rewarded with what is written, “The Creator is destined to be a crown on the head of every single righteous.”
We should understand all the above. Concerning one who judges in complete truth, we should understand what is the precision, “in complete truth.” Are there two kinds of truth? And also, what is an incomplete truth?
To understand the above, we must first bring what our sages said, “Our sages said, ‘One should always see oneself as half guilty, half innocent. If he performs one Mitzva [commandment], happy is he, for he has sentenced himself to the side of merit. If he commits one transgression, woe unto him for he has sentenced himself to the side of fault, as was said, ‘and one sinner destroys much good.’ For the one sin that he committed, he loses much good” (Kidushin 40b).
We should ask, If a person knows that he has few merits and many transgressions, how can it be said that he is half and half? He knows about himself that this is not the truth! Moreover, why do they make a habit out of lying? After all, “the confession of a defendant is as a hundred witnesses,” so why did they say that he should see himself as half and half?
In Sukkah (52a), the Gemara says, “In the future, the Creator brings the evil inclination and slaughters it before the righteous and before the wicked. To the righteous, it seems like a high mountain; to the wicked, it seems like a hairsbreadth.”
We should understand which is the truth; is it as a hairsbreadth or as a high mountain? There, the Gemara brings the story about Abaye: “An old man said to him, ‘Anyone who is greater than his friend, his inclination is greater than him.’”
We should ask, Did our sages not say “A Mitzva induces a Mitzva” (Avot 4)? (Rabbi Ovadia from Bartenura interprets that one who makes one Mitzva can easily do others.) Yet, here he says that anyone who is greater than his friend (and greatness is certainly in Mitzvot [pl. of Mitzva], “his inclination is greater than him.” If his inclination is greater than him, it is more difficult for him to perform Mitzvot, so why did they say, “A Mitzva induces a Mitzva”?).
It is known that we were given the commandment of choice, that by choice, we can receive the good that the Creator has prepared for the created beings, as this was the purpose of creation—to do good to His creations. In order not to have the bread of shame, we were given the choice during the concealment.
Choice pertains precisely when the bad and the good are equal. At that time, man has the power to subdue them. Conversely, if the bad is more than the good, there cannot be a decision because subduing the bad when it is more than the good, at that time, a person can no longer subdue it.
It is as Maimonides writes, “This matter is a great tenet and is the pillar of the Torah and the Mitzva, as was said, ‘Behold, I give.’ That is, you have the authority, and one can do anything he wants from the acts that people do, for the Creator does not force people or forces them to do bad or good. Rather, everything is given to them” (Hilchot Teshuva, Chapter 5). But all this can be said only when the bad is not more powerful than the good.
By this we will explain what was said, “One should always see oneself as half guilty, half innocent.” This does not refer to how a person stands before the courthouse of above, for this will be to him a different judgment. When he is sentenced on how much reward and how much punishment he deserves, he will be judged according to the transgressions and the Mitzvot he had committed.
Here, in this world, where they said that he must see himself as half guilty, half innocent, it refers to how he should behave in this world, since a person can say that since he has many iniquities, and his bad is greater than the good, he can no longer sentence to the good, since the bad has already subdued the good for the worse.
Instead, he should say that concerning the work, the truth is not as he sees, although it is true that he has many transgressions, but in fact, where it concerns choice, his bad does not have more power than the good. That is, if his good is very small, the bad, too, is not more powerful than the good, since their powers must be equal, or there can be no choice. For this reason, his bad was not given more power than the power of the good.
This is the meaning of “Any judge who judges in complete truth.” In ethics, a judge is present in any person from Israel, as is explained (in the essay, “No Calamity Comes to the World But Only because of the Judges of Israel”).
When a person should do something, such as to give a big donation to some institution, he has two views before him: One side argues that since this institution is vital, and we must try to sustain it because many people benefit from it, and now this institution needs a lot of support or it could be ruined, and all the effort put into it will all go to waste, and only by his giving a big donation in both body and fortune, it will be able to persist, for this reason, it is worthwhile that he should take upon himself this trouble.
The other side argues that he is very busy with his own business, and if he makes an effort in favor of this institution, his own business will be ruined. He worked so hard to reach his current status, and it cost him so heavily and so much degradation to humiliate himself among relatives and friends so they will help him, and thank God he has succeeded and is now considered among the most respectable people in his town, and by leaving his business, who knows to what state he might come.
And even if he does not decide to take upon himself to become among the managers of the institution, but only give a big donation, meaning participate only with his wealth and not with his body, to be an activist in this institution, how can he spend such a large sum? If he spends such a large sum, he will miss it for his business, for money should be gained, not lost, as it is known that with cash, it is easier to buy merchandise for less.
Also, if he orders goods from some factory, when he pays with cash, he gets the delivery sooner. Therefore, he must not participate even only in money.
Now a person must judge because he has now become a judge deciding between the two sides, who is right and on whose side is justice? Of course, it is a hard decision since there are arguments both ways, and on the face of it, both are correct. For this reason, one must judge in complete truth, meaning to look into the internality of the matters, whether it is worthwhile to annul the individual before the needs of the public.
A decision pertains precisely where they are two equal forces, when one side is not stronger in the necessity to exist than the other side. At that time, it can be said that he must decide whom he should help. But if one side is weaker, he has no negotiation with which to determine justice, since it is natural that one must help the one we believe is more needy of our help.
It is likewise here. When a person can overcome his inclination and sees that he has many transgression and few Mitzvot, he thinks that since he has many transgressions and few merits, it follows that the bad in him has the power to control him because the majority prevails.
Accordingly, he need not make any effort to be able to overcome the evil in him, since he cannot overcome the majority. It follows his work will be in vain.
Hence, here our sages came and said that although the truth is what he sees, that it is more bad than good, it seems that way to him because of the good deeds that he had done, and according to the actions, he has more bad deeds than good deeds.
But in truth, if he looks in the internality of the matters, our sages testify that from above they do not place more power in the bad than the amount of good within him, since there must be an equal weight, so he can determine.
For this reason, by doing many bad deeds, he will be sentenced for it in the next world. That is, when they want to punish him for his actions, they will take into consideration the quantity of actions.
But when a person should walk in the ways of the Creator in this world, as long as he is in this world, he has a choice, meaning that the Creator did not place in the evil more power than there is in his good. Hence, they are always in a state of “half and half.”
By this we will understand what our sages said, “In the future, the Creator brings the evil inclination and slaughters it before the righteous and before the wicked. To the righteous, it seems like a high mountain; to the wicked, it seems like a hairsbreadth.”
We asked, Which is the real form? According to the above, it is clear that since the Creator did not place more power in the bad than the measure of the good, it follows that the righteous, who have many merits, in order to have an equal weight, the bad in them, meaning the evil inclination, must also be equal in size to the good. This is why they said that it seems to them like a high mountain.
But the wicked, whose good is only as a hairsbreadth, their evil inclination is also not more than a hairsbreadth.
By this we will understand what that old man said to Abaye, “Anyone who is greater than his friend, his inclination is greater than him.” We asked, But there is a rule that a Mitzva induces a Mitzva, and one who became great, it is certainly by performing a Mitzva, so why did the evil increase in him? According to the above, the good should have increased!
However, since there must be choice, if he does not increase the bad for him to the extent of the measure of the good where he stands now, the good will certainly determine that he will do only good. In that state, he will have no work of choice, and all of man’s greatness is expressed in being able to do more in the choice.
This is the meaning of what our sages said, “According to the sorrow is the reward,” so the labor is only during the choice. For this reason, more bad must constantly be added to him, so he will have with what to decide.
By this we should interpret what our sages said, “Any judge who judges in complete truth, it as though he has become a partner of the Creator in the work of creation,” as it is written in The Zohar, “And to say unto Zion, you are My people” (Isaiah 51), do not pronounce it, “My people,” but rather “with Me,” for you are partners with Me. As I made heaven and earth with My word, as it written, “The heavens were made by the word of the Creator,” so you, by your words of wisdom, you made new heaven and earth. Happy are those who labor in the Torah” (Beresheet 5a).
This means that by judging in complete truth, a person can make a decision for the better, and then he is rewarded with receiving the delight and pleasure that the Creator has prepared for the creatures, which was the reason for the creation of the world. It follows that a person becomes a partner of the Creator in that the Creator wants to give, and the creatures are able to receive, and by this the partnership is formed.
But if he judges not in complete truth, they will not be able correct their actions and will not be able to receive the benefit that the Creator wants to bestow upon the creatures. As a result, the upper abundance will stay above, and the name, The Good Who Does Good, will not be revealed to the lower ones, and the purpose of creation will not be achieved.
Conversely, when the lower ones can receive the complete benefit, creation is completed. It follows that he has become partners with the Creator by receiving what the Creator wants to give.
In this way, we will understand what our sages said, “Any judge who judges in complete truth installs the Shechina in Israel.” The explanation is that by correcting his actions, he will cause the Shechina to be in Israel. This is as our sages said, “If he performs one Mitzva, happy is he for he has sentenced himself and the entire world to the side of merit,” for by his actions he causes the revelation of upper abundance to the lower ones.
By this we will also explain what they said, “Any judge who judges, etc., will shine as the brightness of the firmament.” That is, by correcting their actions, they are rewarded with the shining of the upper abundance, and this will shine on them as the brightness of the firmament.
Also, he will be rewarded with the Creator being “a crown on the head of each and every righteous,” since each one who decides for the better is rewarded with the upper wholeness, which is that the Creator be upon him, and he will see that He is the one covering, surrounding, and protecting him.
It is known that the Creator wants to impart abundance upon the created beings, but we are unable to receive. Because the Creator’s wish is that there will not be any deficiency in His gift, He wants us to receive only through our work.
But if we do not make many merits, it will be difficult for us to determine to the side of the good, since the bad in us will have already come to a great amount. For this reason, the Creator made a correction that the bad and the good will always be equal.