(ג) וַֽיְהִי֙ בְּאַרְבָּעִ֣ים שָׁנָ֔ה בְּעַשְׁתֵּֽי־עָשָׂ֥ר חֹ֖דֶשׁ בְּאֶחָ֣ד לַחֹ֑דֶשׁ דִּבֶּ֤ר מֹשֶׁה֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל כְּ֠כֹ֠ל אֲשֶׁ֨ר צִוָּ֧ה ה׳ אֹת֖וֹ אֲלֵהֶֽם׃
(3) It was in the fortieth year, on the first day of the eleventh month, that Moses addressed the Israelites in accordance with the instructions that ה׳ had given him for them,
(א)ויהי בארבעים שנה בעשתי עשר חדש באחד לחדש. מְלַמֵּד שֶׁלֹּא הוֹכִיחָן אֶלָּא סָמוּךְ לַמִּיתָה; מִמִּי לָמַד? מִיַּעֲקֹב, שֶׁלֹּא הוֹכִיחַ אֶת בָּנָיו אֶלָּא סָמוּךְ לַמִּיתָה, אָמַר, רְאוּבֵן בְּנִי אֲנִי אוֹמֵר לְךָ מִפְּנֵי מָה לֹא הוֹכַחְתִּיךָ כָּל הַשָּׁנִים הַלָּלוּ, כְּדֵי שֶׁלֹּא תַנִּיחֵנִי וְתֵלֵךְ וְתִדְבַּק בְּעֵשָׂו אָחִי; וּמִפְּנֵי אַרְבָּעָה דְּבָרִים אֵין מוֹכִיחִין אֶת הָאָדָם אֶלָּא סָמוּךְ לַמִּיתָה, כְּדֵי שֶׁלֹּא יְהֵא מוֹכִיחוֹ וְחוֹזֵר וּמוֹכִיחוֹ, וְשֶׁלֹּא יְהֵא חֲבֵרוֹ רוֹאֵהוּ וּמִתְבַּיֵּשׁ מִמֶּנּוּ, כּוּ' כִּדְאִיתָא בְּסִפְרֵי. וְכֵן יְהוֹשֻׁעַ לֹא הוֹכִיחַ אֶת יִשְׂרָאֵל אֶלָּא סָמוּךְ לַמִּיתָה, וְכֵן שְׁמוּאֵל שֶׁנֶּאֱמַר (שמואל א י"ב), "הִנְנִי עֲנוּ בִי", וְכֵן דָּוִד אֶת שְׁלֹמֹה בְנוֹ (מלכים א ב'):
(1) ויהי בארבעים שנה בעשתי עשר חדש באחד לחדש AND IT CAME TO PASS IN THE FORTIETH YEAR, IN THE ELEVENTH MONTH, ON THE FIRST OF THE MONTH, [MOSES SPAKE] — This tells us that he reproved them only shortly before his death (Jewish tradition holds that Moses died on the seventh day of the twelfth month; cf. Megillah 13b). From whom did he learn this? From Jacob, who reproved his sons only shortly before his death. He said, “Reuben, my son, I will tell you why I have not reproved you for your unfitial conduct during all these years: it was in order that you should not leave me and go and join Esau, my wicked brother". — And on account of four things one should not reprove a person except shortly before one's death: that one should not reprove him and again have to reprove him; and that his fellow whom he reproves should not, when he afterwards happens to see him, feel ashamed before him, etc.; as it is set forth in Siphre. And similarly, Joshua reproved Israel only shortly before his death (cf. Joshua 24:1—29), and so, too, Samuel, as it is said, (I Samuel 12:3) “Behold, testify against me", and so, also, David reproved his son Solomon only shortly before his death (cf. 1 Kings 2:1—9).
President Dwight D. Eisenhower's Farewell Address (1961)
A vital element in keeping the peace is our military establishment. Our arms must be mighty, ready for instant action, so that no potential aggressor may be tempted to risk his own destruction. . . . American makers of plowshares could, with time and as required, make swords as well. But now we can no longer risk emergency improvisation of national defense; we have been compelled to create a permanent armaments industry of vast proportions. . . . This conjunction of an immense military establishment and a large arms industry is new in the American experience. . . .Yet we must not fail to comprehend its grave implications. . . . In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.
A vital element in keeping the peace is our military establishment. Our arms must be mighty, ready for instant action, so that no potential aggressor may be tempted to risk his own destruction. . . . American makers of plowshares could, with time and as required, make swords as well. But now we can no longer risk emergency improvisation of national defense; we have been compelled to create a permanent armaments industry of vast proportions. . . . This conjunction of an immense military establishment and a large arms industry is new in the American experience. . . .Yet we must not fail to comprehend its grave implications. . . . In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.
Washington's Farewell Address 1796
Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. ...
Here, perhaps, I ought to stop. But a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger, natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a people. ...
The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.
Ben-Gurion’s Farewell Address 1971
The Jewish people is among the world’s most ancient peoples. Egypt, Assyria, Babylon, China and others did come to exist before Israel did, and in the sciences they also preceded Israel. In only one particular does the Jewish people differ from all other peoples: That Israel’s nationality and its faith are intertwined. They have been since the beginning of our people, and so they are today. The French, the Germans, the Japanese, the Arabs and the members of any other nation need not all share the same faith. A German can be either Catholic or Protestant, as can an Englishman or a Frenchman. A Japanese can be Shinto or Buddhist or Christian. An Arab can be Muslim or Christian. A Jew, however, cannot be a member of another faith and still be a Jew. A Jew can be an atheist, but if he adopts the Christian or Muslim faith—he is no longer a Jew.
Israel has only one loyal ally in the world: The Jewish people. It is the one country in the world which—unlike the Scandinavian peoples, the English-speaking peoples, the Arab, Catholic and Buddhist peoples—has no kindred in religion, language, origin, culture. We dwell as a solitary people. Our closest neighbors, in geographic, racial and linguistic terms, unfortunately are also our bitterest enemies. Our only loyal ally is the Jewish people.
Only by being an exceptional people, in which every Jew will take pride as a Jew, will we preserve the love of our people and our fidelity to Israel. Our position in the world will be determined not only by our apparent material wealth, or our military valor, but by the moral luster of our mission, our culture and our society. Only in this manner will we acquire the friendship of other peoples. And although there are no few shadows in our lives at present—among them some very dark shadows—we have cause enough to believe that it is within our power to be an exceptional people. I would point to three forces operating in Israel that clearly indicate the ethical and intellectual talents contained within us: The agricultural settlements; the Israel Defense Forces; and the nation’s collection of scientists, scholars, writers and artists who, in relative quantity and absolute quality, are equal to those of any other nation in the world.
The Jewish people is among the world’s most ancient peoples. Egypt, Assyria, Babylon, China and others did come to exist before Israel did, and in the sciences they also preceded Israel. In only one particular does the Jewish people differ from all other peoples: That Israel’s nationality and its faith are intertwined. They have been since the beginning of our people, and so they are today. The French, the Germans, the Japanese, the Arabs and the members of any other nation need not all share the same faith. A German can be either Catholic or Protestant, as can an Englishman or a Frenchman. A Japanese can be Shinto or Buddhist or Christian. An Arab can be Muslim or Christian. A Jew, however, cannot be a member of another faith and still be a Jew. A Jew can be an atheist, but if he adopts the Christian or Muslim faith—he is no longer a Jew.
Israel has only one loyal ally in the world: The Jewish people. It is the one country in the world which—unlike the Scandinavian peoples, the English-speaking peoples, the Arab, Catholic and Buddhist peoples—has no kindred in religion, language, origin, culture. We dwell as a solitary people. Our closest neighbors, in geographic, racial and linguistic terms, unfortunately are also our bitterest enemies. Our only loyal ally is the Jewish people.
Only by being an exceptional people, in which every Jew will take pride as a Jew, will we preserve the love of our people and our fidelity to Israel. Our position in the world will be determined not only by our apparent material wealth, or our military valor, but by the moral luster of our mission, our culture and our society. Only in this manner will we acquire the friendship of other peoples. And although there are no few shadows in our lives at present—among them some very dark shadows—we have cause enough to believe that it is within our power to be an exceptional people. I would point to three forces operating in Israel that clearly indicate the ethical and intellectual talents contained within us: The agricultural settlements; the Israel Defense Forces; and the nation’s collection of scientists, scholars, writers and artists who, in relative quantity and absolute quality, are equal to those of any other nation in the world.
Reagan's Farewell Speech 1989
there is a great tradition of warnings in Presidential farewells, and I've got one that's been on my mind for some time. But oddly enough it starts with one of the things I'm proudest of in the past eight years: the resurgence of national pride that I called the new patriotism. This national feeling is good, but it won't count for much, and it won't last unless it's grounded in thoughtfulness and knowledge.
We've got to do a better job of getting across that America is freedom -- freedom of speech, freedom of religion, freedom of enterprise. And freedom is special and rare. It's fragile; it needs protection.
If we forget what we did, we won't know who we are. I'm warning of an eradication of the American memory that could result, ultimately, in an erosion of the American spirit. Let's start with some basics: more attention to American history and a greater emphasis on civic ritual.
there is a great tradition of warnings in Presidential farewells, and I've got one that's been on my mind for some time. But oddly enough it starts with one of the things I'm proudest of in the past eight years: the resurgence of national pride that I called the new patriotism. This national feeling is good, but it won't count for much, and it won't last unless it's grounded in thoughtfulness and knowledge.
We've got to do a better job of getting across that America is freedom -- freedom of speech, freedom of religion, freedom of enterprise. And freedom is special and rare. It's fragile; it needs protection.
If we forget what we did, we won't know who we are. I'm warning of an eradication of the American memory that could result, ultimately, in an erosion of the American spirit. Let's start with some basics: more attention to American history and a greater emphasis on civic ritual.
And let me offer lesson number one about America: All great change in America begins at the dinner table. So, tomorrow night in the kitchen I hope the talking begins. And children, if your parents haven't been teaching you what it means to be an American, let 'em know and nail 'em on it. That would be a very American thing to do.
(ב)לא אוכל לבדי וגו'. אֶפְשָׁר שֶׁלֹּא הָיָה מֹשֶׁה יָכוֹל לָדוּן אֶת יִשְׂרָאֵל? אָדָם שֶׁהוֹצִיאָם מִמִּצְרַיִם, וְקָרַע לָהֶם אֶת הַיָּם, וְהוֹרִיד אֶת הַמָּן, וְהֵגִיז הַשְּׂלָו, לֹא הָיָה יָכוֹל לְדוּנָם? אֶלָּא כָּךְ אָמַר לָהֶם, ה׳ אלקיכם הרבה אתכם – הִגְדִּיל וְהֵרִים אֶתְכֶם עַל דַּיָּנֵיכֶם, נָטַל אֶת הָעֹנֶשׁ מִכֶּם וּנְתָנוֹ עַל הַדַּיָּנִין; וְכֵן אָמַר שְׁלֹמֹה (מלכים א ג') "כִּי מִי יוּכַל לִשְׁפֹּט אֶת עַמְּךָ הַכָּבֵד הַזֶּה"; אֶפְשָׁר מִי שֶׁכָּתוּב בּוֹ (שם ה') "וַיֶּחְכַּם מִכָּל הָאָדָם", אוֹמֵר מִי יוּכַל לִשְׁפֹּט? אֶלָּא כָּךְ אָמַר שְׁלֹמֹה, אֵין דַּיָּנֵי אֻמָּה זוֹ כְדַיָּנֵי שְׁאָר הָאֻמּוֹת, שֶׁאִם דָּן וְהוֹרֵג וּמַכֶּה וְחוֹנֵק וּמַטֶּה אֶת דִּינוֹ וְגוֹזֵל אֵין בְּכָךְ כְּלוּם, אֲנִי אִם חִיַּבְתִּי מָמוֹן שֶׁלֹּא כַדִּין, נְפָשׁוֹת אֲנִי נִתְבָּע, שֶׁנֶּאֱמַר (משלי כ"ב) "וְקָבַע אֶת קֹבְעֵיהֶם נָפֶשׁ" (ספרי; סנהדרין ז'):
(2) לא אוכל לבדי וגו׳ I AM NOT ABLE [TO BEAR YOU] ALONE — Is it possible that Moses was not able to judge Israel? The man who brought them forth from Egypt, and divided the sea for them, and made the Manna fall, and collected the quails, was not he able to judge them?! But thus did he say unto them, ה׳ אלקיכם הרבה אתכם THE LORD YOUR GOD HATH MADE YOU GREAT (הרבה) — He has made you superior to and has placed you higher than your judges, inasmuch as He takes the punishment off you and places it upon your judges if they could have prevented your wrongdoing and did not do so. Solomon made a similar statement (namely that the Jewish judge may easily make himself liable to punishment): “For who is able to judge this thy grievous people?” (1 Kings 3:9). Is it possible that he of whom it is said, (1 Kings 5:11) “He was wiser than all men”, should say, "Who is able to judge”? But this did Solomon mean: The judges of this people are not like the judges of other peoples, for if one of the latter gives judgment and wrongly sentences a person to death by the sword, or to flagellation, or to strangulation, or wrests his justice and thus robs him of his due, it is regarded as of little importance (lit., there is nothing at all in that); I, however, if I unjustly sentence a person to pay even a sum of money, my life is required of me, as it is said, (Proverbs 22:23) “And He robs of their life those who rob them" (Sifrei Devarim 9:2; Sanhedrin 7a).
(יב) אֵיכָ֥ה אֶשָּׂ֖א לְבַדִּ֑י טׇרְחֲכֶ֥ם וּמַֽשַּׂאֲכֶ֖ם וְרִֽיבְכֶֽם׃ (יג) הָב֣וּ לָ֠כֶ֠ם אֲנָשִׁ֨ים חֲכָמִ֧ים וּנְבֹנִ֛ים וִידֻעִ֖ים לְשִׁבְטֵיכֶ֑ם וַאֲשִׂימֵ֖ם בְּרָאשֵׁיכֶֽם׃ (יד) וַֽתַּעֲנ֖וּ אֹתִ֑י וַתֹּ֣אמְר֔וּ טֽוֹב־הַדָּבָ֥ר אֲשֶׁר־דִּבַּ֖רְתָּ לַעֲשֽׂוֹת׃ (טו) וָאֶקַּ֞ח אֶת־רָאשֵׁ֣י שִׁבְטֵיכֶ֗ם אֲנָשִׁ֤ים חֲכָמִים֙ וִֽידֻעִ֔ים וָאֶתֵּ֥ן אוֹתָ֛ם רָאשִׁ֖ים עֲלֵיכֶ֑ם שָׂרֵ֨י אֲלָפִ֜ים וְשָׂרֵ֣י מֵא֗וֹת וְשָׂרֵ֤י חֲמִשִּׁים֙ וְשָׂרֵ֣י עֲשָׂרֹ֔ת וְשֹׁטְרִ֖ים לְשִׁבְטֵיכֶֽם׃ (טז) וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃ (יז) לֹֽא־תַכִּ֨ירוּ פָנִ֜ים בַּמִּשְׁפָּ֗ט כַּקָּטֹ֤ן כַּגָּדֹל֙ תִּשְׁמָע֔וּן לֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִ֔ישׁ כִּ֥י הַמִּשְׁפָּ֖ט לֵאלֹקִ֣ים ה֑וּא וְהַדָּבָר֙ אֲשֶׁ֣ר יִקְשֶׁ֣ה מִכֶּ֔ם תַּקְרִב֥וּן אֵלַ֖י וּשְׁמַעְתִּֽיו׃ (יח) וָאֲצַוֶּ֥ה אֶתְכֶ֖ם בָּעֵ֣ת הַהִ֑וא אֵ֥ת כׇּל־הַדְּבָרִ֖ים אֲשֶׁ֥ר תַּעֲשֽׂוּן׃
(12)How can I bear unaided the trouble of you, and the burden, and the bickering! (13) Pick from each of your tribes candidates who are wise, discerning, and experienced, and I will appoint them as your heads.” (14) You answered me and said, “What you propose to do is good.” (15) So I took your tribal leaders, wise and experienced men, and appointed them heads over you: chiefs of thousands, chiefs of hundreds, chiefs of fifties, and chiefs of tens, and officials for your tribes. (16) And I commanded your judges at that time, saying:
hear-out [what is] between: Legal disputes. your brothers;
judge with equity between each-man and his brother or a sojourner. (17) You shall not be partial in judgment: hear out low and high alike. Fear neither party, for judgment is God’s. And any matter that is too difficult for you, you shall bring to me and I will hear it.” (18) Thus I instructed you, at that time, about the various things that you should do.
hear-out [what is] between: Legal disputes. your brothers;
judge with equity between each-man and his brother or a sojourner. (17) You shall not be partial in judgment: hear out low and high alike. Fear neither party, for judgment is God’s. And any matter that is too difficult for you, you shall bring to me and I will hear it.” (18) Thus I instructed you, at that time, about the various things that you should do.
(כא) וְאַתָּ֣ה תֶחֱזֶ֣ה מִכׇּל־הָ֠עָ֠ם אַנְשֵׁי־חַ֜יִל יִרְאֵ֧י אֱלֹקִ֛ים אַנְשֵׁ֥י אֱמֶ֖ת שֹׂ֣נְאֵי בָ֑צַע וְשַׂמְתָּ֣ עֲלֵהֶ֗ם שָׂרֵ֤י אֲלָפִים֙ שָׂרֵ֣י מֵא֔וֹת שָׂרֵ֥י חֲמִשִּׁ֖ים וְשָׂרֵ֥י עֲשָׂרֹֽת׃ (כב) וְשָׁפְט֣וּ אֶת־הָעָם֮ בְּכׇל־עֵת֒ וְהָיָ֞ה כׇּל־הַדָּבָ֤ר הַגָּדֹל֙ יָבִ֣יאוּ אֵלֶ֔יךָ וְכׇל־הַדָּבָ֥ר הַקָּטֹ֖ן יִשְׁפְּטוּ־הֵ֑ם וְהָקֵל֙ מֵֽעָלֶ֔יךָ וְנָשְׂא֖וּ אִתָּֽךְ׃
(21) You shall also seek out, from among all the people, capable individuals who fear God—trustworthy ones who spurn ill-gotten gain. Set these over them as chiefs of thousands, hundreds, fifties, and tens, and (22) let them judge the people at all times. Have them bring every major dispute to you, but let them decide every minor dispute themselves. Make it easier for yourself by letting them share the burden with you.
טרחכם. מְלַמֵּד שֶׁהָיוּ יִשְׂרָאֵל טַרְחָנִין – הָיָה אֶחָד מֵהֶם רוֹאֶה אֶת בַּעַל דִּינוֹ נוֹצֵחַ בַּדִּין, אוֹמֵר יֵשׁ לִי עֵדִים לְהָבִיא, יֵשׁ לִי רְאָיוֹת לְהָבִיא, מוֹסִיף אֲנִי עֲלֵיכֶם דַּיָּנִין:
טרחכם YOUR CUMBRANCE — Moses' use of this word regarding them teaches us that the Israelites were troublesome: if one of them perceived that his opponent in a law suit was about to be victor in the case he would say: I have witnesses to bring, further proof to adduce, I will add judges to you who are sitting (Sifrei Devarim 12:1) .
וְטַעַם טָרְחֲכֶם וּמַשַּׂאֲכֶם וְרִיבְכֶם עַל דֶּרֶךְ הַפְּשָׁט, רָמַז מֹשֶׁה רַבֵּינוּ לָהֶם שְׁלֹשֶׁת הַדְּבָרִים שֶׁאָמַר לְיִתְרוֹ שֶׁהָיָה הוּא עוֹשֶׂה לָעָם כְּמוֹ שֶׁפֵּרַשְׁתִּי שָׁם (שמות יח טו), וְהִזְכִּירָן לְיִשְׂרָאֵל בְּרֶמֶז, אָמַר טָרְחֲכֶם כְּנֶגֶד וְהוֹדַעְתִּי אֶת חֻקֵּי הָאֱלֹקִים וְאֶת תּוֹרֹתָיו (שם שם טז), כִּי טֹרַח גָּדוֹל הָיָה לְלַמֵּד לְיוֹצְאֵי מִצְרַיִם הַחֻקִּים וְהַתּוֹרֹת וּפֵרוּשָׁם וּבֵאוּרָם וְסוֹדָם, וְהִזְכִּיר מַשַּׂאֲכֶם כְּנֶגֶד לִדְרֹשׁ אֱלֹקִים (שם פסוק טו), שֶׁהוּא עִנְיַן תְּפִלָּה שֶׁמִּתְפַּלֵּל עֲלֵיהֶם, וְהוּא מִלְּשׁוֹן וְנָשָׂאתָ תְפִלָּה (מלכים ב יט ד), וְאַל תִּשָּׂא בַעֲדָם רִנָּה וּתְפִלָּה (ירמיהו ז טז), וְרִיבְכֶם כִּפְשׁוּטוֹ, עִנְיְנֵי הַמִּשְׁפָּטִים. וְאָמַר "הָבוּ לָכֶם אֲנָשִׁים חֲכָמִים וּנְבֹנִים וִידֻעִים" עַל הַדַּיָּנִין בִּלְבַד, אֲבָל אָמַר סְתָם וַאֲשִׂימֵם בְּרָאשֵׁיכֶם דֶּרֶךְ עֲנָוָה. וּלְשׁוֹן רַשִׁ"י (רש"י על דברים א':י"ב) מִסִּפְרֵי (דברים יב), טָרְחֲכֶם מְלַמֵּד שֶׁהָיוּ טַרְחָנִין, הָיָה אֶחָד מֵהֶם רוֹאֶה אֶת בַּעַל דִּינוֹ נוֹצֵחַ בַּדִּין אוֹמֵר יֵשׁ לִי עֵדִים לְהָבִיא, יֵשׁ לִי רְאָיוֹת לְהָבִיא, מוֹסִיף אֲנִי עֲלֵיכֶם דַּיָּנִין. וְהַדִּין הַזֶּה לֹא יָדַעְתִּי אוֹתוֹ שֶׁיְּהֵא בַּעַל הַדִּין יָכוֹל לְהוֹסִיף דַּיָּנִין יוֹתֵר עַל שְׁלֹשָׁה בְּדִינֵי מָמוֹנוֹת, וְכָל שֶׁכֵּן לְאַחַר שֶׁטָּעַן בִּפְנֵיהֶם וְרָאָה שֶׁחֲבֵרוֹ נוֹצֵחַ בַּדִּין, שֶׁאִלּוּ קִבֵּל עָלָיו קָרוֹב אוֹ פָּסוּל יָכוֹל לַחְזֹר בּוֹ עַד לְאַחַר גְּמַר דִּין, אֲבָל הַכְּשֵׁרִין לָדוּן אֵינוֹ יָכוֹל לַחְזֹר בּוֹ. וְשֶׁמָּא נִלְמוֹד מִכָּאן שֶׁיָּכוֹל אָדָם לוֹמַר שְׁנֵי דַּיָּנִין אֲנִי בּוֹרֵר לִי וְתִבְרֹר אַתָּה שְׁנַיִם אֲחֵרִים וְהֵם יִבְרְרוּ עוֹד אֶחָד, וִיהֵא הַדִּין נִגְמָר בַּחֲמִשָּׁה אוֹ בְּיוֹתֵר, כְּמוֹ שֶׁאָמְרוּ אֵינוֹ דּוֹמֶה דִּין הַנִּגְמָר בַּה׳ לְדִין הַנִּגְמָר בַּי'. ואע"פ שֶׁג' כּוֹפִין לָדוּן בִּפְנֵיהֶם בְּשֶׁאֵינוֹ רוֹצֶה לְקַבֵּל עָלָיו לָדוּן, אֲבָל רוֹצֶה לִבְרֹר יוֹתֵר בּוֹרֵר, דַּהֲוָה לֵיהּ כְּאוֹמֵר נֵלֵךְ לִמְקוֹם הַוַּעַד שֶׁשּׁוֹמְעִין לוֹ בְּמָקוֹם שֶׁאֵין שָׁם טֹרַח, שֶׁבְּכָךְ נִצְטַוֵּינוּ שֶׁנֶּאֱמַר (דברים ט"ז:כ') צֶדֶק צֶדֶק תִּרְדֹּף, הַלֵּךְ אַחַר ב"ד יָפֶה (סנהדרין לב), וְרִבּוּי חֲכָמִים ב"ד יָפֶה הוּא. וְהִנֵּה בַּמִּדְבָּר הָיוּ הַחֲכָמִים מְצוּיִין עִמָּהֶם, וִיכוֹלִים לוֹמַר נֵלֵךְ לִפְנֵי שָׂרֵי הָאֲלָפִים:
HOW CAN I MYSELF ALONE BEAR ‘TORCHACHEM’ (YOUR TROUBLE) ‘UMASA’ACHEM’ (AND YOUR BURDEN), V’RIVCHEM (AND YOUR STRIFE)? According to the simple meaning of Scripture, Moses our teacher alluded to them the three things which he told Jethro that he was doing for the people, as I have explained there. He now mentioned them to Israel by implication. He said torchachem corresponding to and I make known to them the statutes of G-d and His laws, for it was a difficult “task” to teach those who had come forth from Egypt, the statutes and the laws of G-d, their meanings, interpretations, and secrets. He said masa’achem corresponding to the people come unto me to inquire of G-d, a reference to prayer, for he used to pray on their behalf. The word masa’achem is related to the expression: ‘v’nasatha t’filah’ (and thou lift up prayer); nor ‘tisa’ (lift up) entreaty or prayer in their behalf. [He stated] ‘v’rivchem’ (and your strife) which is to be understood in its plain sense — matters of judgments [because judges must rule when there is strife among people]. Moses continued to state: Get you men who are wise, and understanding, and known among your tribes — referring only to [the qualities of] judges. But he said unqualifiedly, and I will make them heads over you by way of humility.
Now Rashi quotes from the Sifre: “‘Torchachem’ (Your trouble). This teaches that they were troublesome. If one perceived that his opponent was winning a litigation, he would say ‘I have witnesses to bring; I have evidence to present; I [exercise my right to] add judges to you [thereby increasing the size of the court].’”
But I do not know [the validity of] this law that one of the litigants should have the right to add judges above [the usual number of] three in cases concerning monetary matters, and surely he has no such right after presenting his case before them and perceiving that his opponent was winning the case! For, had he voluntarily accepted upon himself a relative or an unqualified person as a judge, he could indeed retract prior to the rendering of the final judgment, but from those qualified to judge he cannot retract [his acceptance]!
Perhaps we can deduce from here the principle that a man can say, “I choose two judges and you choose two other ones, and they [i.e., the four judges] will choose one more, and let the suit be decided by five or more judges,” just as the Rabbis have said: “A suit decided by five [judges] is not comparable to one decided by ten [judges].” Although three judges [have the power to] compel parties to come before them for judgment when one refuses to be bound by their decision, yet if one [of the litigants] desires to choose additional judges, he may do so, because it is similar to [the case of] one [of the litigants] who says, “Let us go to the main meeting place of the scholars [to bring our suit before them on the assumption that superior scholars are better qualified to judge],” in which case we accede to him, provided it does not entail [undue] hardship, for in such a case we have been commanded, Justice, justice, shalt thou pursue, [which the Sifre interpreted]: “Go to a reliable court,” and an increase in the number constitutes “a reliable court.” Now in the wilderness, wise men were available to them and the litigants could say, “Let us go before the officers of the thousands.”
Now Rashi quotes from the Sifre: “‘Torchachem’ (Your trouble). This teaches that they were troublesome. If one perceived that his opponent was winning a litigation, he would say ‘I have witnesses to bring; I have evidence to present; I [exercise my right to] add judges to you [thereby increasing the size of the court].’”
But I do not know [the validity of] this law that one of the litigants should have the right to add judges above [the usual number of] three in cases concerning monetary matters, and surely he has no such right after presenting his case before them and perceiving that his opponent was winning the case! For, had he voluntarily accepted upon himself a relative or an unqualified person as a judge, he could indeed retract prior to the rendering of the final judgment, but from those qualified to judge he cannot retract [his acceptance]!
Perhaps we can deduce from here the principle that a man can say, “I choose two judges and you choose two other ones, and they [i.e., the four judges] will choose one more, and let the suit be decided by five or more judges,” just as the Rabbis have said: “A suit decided by five [judges] is not comparable to one decided by ten [judges].” Although three judges [have the power to] compel parties to come before them for judgment when one refuses to be bound by their decision, yet if one [of the litigants] desires to choose additional judges, he may do so, because it is similar to [the case of] one [of the litigants] who says, “Let us go to the main meeting place of the scholars [to bring our suit before them on the assumption that superior scholars are better qualified to judge],” in which case we accede to him, provided it does not entail [undue] hardship, for in such a case we have been commanded, Justice, justice, shalt thou pursue, [which the Sifre interpreted]: “Go to a reliable court,” and an increase in the number constitutes “a reliable court.” Now in the wilderness, wise men were available to them and the litigants could say, “Let us go before the officers of the thousands.”
אֵיכָה יָשְׁבָה, שְׁלשָׁה נִתְנַבְּאוּ בְּלָשׁוֹן אֵיכָה, משֶׁה, יְשַׁעְיָה, וְיִרְמְיָה. משֶׁה אָמַר (דברים א, יב): אֵיכָה אֶשָֹּׂא לְבַדִּי וגו'. יְשַׁעְיָה אָמַר (ישעיה א, כא): אֵיכָה הָיְתָה לְזוֹנָה. יִרְמְיָה אָמַר: אֵיכָה יָשְׁבָה בָדָד, אָמַר רַבִּי לֵוִי מָשָׁל לְמַטְרוֹנָה שֶׁהָיוּ לָהּ שְׁלשָׁה שׁוֹשְׁבִינִין, אֶחָד רָאָה אוֹתָהּ בְּשַׁלְוָתָהּ, וְאֶחָד רָאָה אוֹתָהּ בְּפַחֲזוּתָהּ, וְאֶחָד רָאָה אוֹתָהּ בְּנִוּוּלָהּ. כָּךְ, משֶׁה רָאָה אֶת יִשְׂרָאֵל בִּכְבוֹדָם וְשַׁלְוָתָם וְאָמַר: אֵיכָה אֶשָֹּׂא לְבַדִּי טָרְחֲכֶם. יְשַׁעְיָה רָאָה אוֹתָם בְּפַחֲזוּתָם, וְאָמַר: אֵיכָה הָיְתָה לְזוֹנָה. יִרְמְיָה רָאָה אוֹתָם בְּנִוּוּלָם, וְאָמַר: אֵיכָה יָשְׁבָה.
“How does the greatly crowded city sit alone? She has become like a widow. Great among the nations, a princess among the states: She has become a vassal” (Lamentations 1:1).
“How [eikha] does…sit [alone].” Three prophesied with the term eikha: Moses, Isaiah, and Jeremiah. Moses said: “How [eikha] can I bear alone…” (Deuteronomy 1:12). Isaiah said: “How [eikha] did [the faithful city] become a harlot?” (Isaiah 1:21). Jeremiah said: “How [eikha] does [the greatly crowded city] sit alone?” Rabbi Levi said: This is analogous to a noblewoman who had three friends. One saw her in her tranquility, one saw her in her debauchery, and one saw her in her disgrace. So, Moses saw them in their glory and their tranquility and said: “How [eikha] can I bear alone your troubles?” Isaiah saw them in their debauchery and said: “How [eikha] did [the faithful city] become a harlot?” Jeremiah saw them in their disgrace and said: “How [eikha] does [the greatly crowded city] sit [alone]?”
“How [eikha] does…sit [alone].” Three prophesied with the term eikha: Moses, Isaiah, and Jeremiah. Moses said: “How [eikha] can I bear alone…” (Deuteronomy 1:12). Isaiah said: “How [eikha] did [the faithful city] become a harlot?” (Isaiah 1:21). Jeremiah said: “How [eikha] does [the greatly crowded city] sit alone?” Rabbi Levi said: This is analogous to a noblewoman who had three friends. One saw her in her tranquility, one saw her in her debauchery, and one saw her in her disgrace. So, Moses saw them in their glory and their tranquility and said: “How [eikha] can I bear alone your troubles?” Isaiah saw them in their debauchery and said: “How [eikha] did [the faithful city] become a harlot?” Jeremiah saw them in their disgrace and said: “How [eikha] does [the greatly crowded city] sit [alone]?”
אִלּוּ זְכִיתֶם הֱיִיתֶם קוֹרְאִים בַּתּוֹרָה (דברים א, יב): אֵיכָה אֶשָֹּׂא לְבַדִּי, וְעַכְשָׁו שֶׁלֹא זְכִיתֶם הֲרֵי אַתֶּם קוֹרְאִים: אֵיכָה יָשְׁבָה בָדָד.
Had you been worthy, you would have read in the Torah: “How [eikha] can I bear alone” (Deuteronomy 1:12), but now that you are not worthy, you read: “How [eikha] does…sit solitary?” (Lamentations 1:1).
‘The internal crisis’
In late July 2023, Israel’s military-intelligence directorate produced an alarming report that synthesized all intercepts gathered by Israeli intelligence in recent months. Its conclusion was dire: Israel was in grave danger. The country was convulsed by intense domestic turmoil over a divisive plan, pushed by Netanyahu’s government, to exert greater control over the country’s judiciary. For months, hundreds of thousands of citizens, including a growing number of military reservists, had joined weekly protests against the plan. The report said that Israel’s chief enemies — Hamas in Gaza, Hezbollah in Lebanon and the government in Iran — had observed the growing divisions within Israeli society and particularly the armed forces. Now those foes were secretly discussing whether Israel was vulnerable enough to attack.
In late July 2023, Israel’s military-intelligence directorate produced an alarming report that synthesized all intercepts gathered by Israeli intelligence in recent months. Its conclusion was dire: Israel was in grave danger. The country was convulsed by intense domestic turmoil over a divisive plan, pushed by Netanyahu’s government, to exert greater control over the country’s judiciary. For months, hundreds of thousands of citizens, including a growing number of military reservists, had joined weekly protests against the plan. The report said that Israel’s chief enemies — Hamas in Gaza, Hezbollah in Lebanon and the government in Iran — had observed the growing divisions within Israeli society and particularly the armed forces. Now those foes were secretly discussing whether Israel was vulnerable enough to attack.
“I will start with the bottom line,” wrote Brig. Gen. Amit Saar, the army’s top intelligence analyst, in a letter introducing the report. “The deepening of the internal crisis, in my view, further erodes Israel’s image, exacerbates the damage to Israeli deterrence and increases the likelihood of escalation.” How Netanyahu Prolonged the War in Gaza to Stay in Power By Patrick KingsleyRonen Bergman and Natan Odenheimer July 23, 2025
Judicial Activism vs Judicial Restraint
חכמים ונבנים. מְבִינִים דָבָר מִתּוֹךְ דָּבָר; זוֹ הִיא שֶׁשָּׁאַל אֲרִיּוֹס אֶת רַבִּי יוֹסֵי מַה בֵּין חֲכָמִים לִנְבוֹנִים? חָכָם דּוֹמֶה לְשֻׁלְחָנִי עָשִׁיר, כְּשֶׁמְּבִיאִין לוֹ דִּינָרִין לִרְאוֹת רוֹאֶה, וּכְשֶׁאֵין מְבִיאִין לוֹ יוֹשֵׁב וְתוֹהֵא, נָבוֹן דּוֹמֶה לְשֻׁלְחָנִי תַּגָּר, כְּשֶׁמְּבִיאִין לוֹ מָעוֹת לִרְאוֹת רוֹאֶה, וּכְשֶׁאֵין מְבִיאִין לוֹ, הוּא מְחַזֵּר וּמֵבִיא מִשֶּׁלּוֹ (ספרי):
חכמים ונבנים WISE AND UNDERSTANDING [MEN] — i.e. men who can understand a matter out of (i.e. by comparison with) another matter. — This is what Arius asked R. Jose: what is the difference between wise men and understanding men? A wise man is like a rich money changer: when people bring him dinars to examine (to value) he examines them; and when they do not bring to him, he sits and does nothing (he does not go out to seek any). An understanding man, however, is like a merchant money changer: when they bring him coins to examine, he examines them; and when they do not bring to him, he goes about and brings of his own money (i.e. he himself buys coins) (cf. Sifrei Devarim 13:3).
וידועים. שהם היו ידועים שיכירום הכל:
AND FULL OF KNOWLEDGE. Men who were known, men whom all recognized.
(טו) לֹא־תַעֲשׂ֥וּ עָ֙וֶל֙ בַּמִּשְׁפָּ֔ט לֹא־תִשָּׂ֣א פְנֵי־דָ֔ל וְלֹ֥א תֶהְדַּ֖ר פְּנֵ֣י גָד֑וֹל בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃
(15) You shall not render an unfair decision: do not favor the poor or show deference to the rich; judge your kin fairly.
כָּל סַנְהֶדְרִין אוֹ מֶלֶךְ אוֹ רֹאשׁ גּוֹלָה שֶׁהֶעֱמִידוּ לָהֶן לְיִשְׂרָאֵל דַּיָּן שֶׁאֵינוֹ הָגוּן וְאֵינוֹ חָכָם בְּחָכְמַת הַתּוֹרָה וְרָאוּי לִהְיוֹת דַּיָּן. אַף עַל פִּי שֶׁהוּא כֻּלּוֹ מַחֲמַדִּים וְיֵשׁ בּוֹ טוֹבוֹת אֲחֵרוֹת הֲרֵי זֶה שֶׁהֶעֱמִידוֹ עוֹבֵר בְּלֹא תַּעֲשֶׂה. שֶׁנֶּאֱמַר לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט. מִפִּי הַשְּׁמוּעָה לָמְדוּ שֶׁזֶּה מְדַבֵּר כְּנֶגֶד הַמְמֻנֶּה לְהוֹשִׁיב דַּיָּנִין. אָמְרוּ חֲכָמִים שֶׁמָּא תֹּאמַר אִישׁ פְּלוֹנִי נָאֶה אוֹשִׁיבֶנּוּ דַּיָּן. אִישׁ פְּלוֹנִי גִּבּוֹר אוֹשִׁיבֶנּוּ דַּיָּן. אִישׁ פְּלוֹנִי קְרוֹבִי אוֹשִׁיבֶנּוּ דַּיָּן. אִישׁ פְּלוֹנִי יוֹדֵעַ בְּכָל לָשׁוֹן אוֹשִׁיבֶנּוּ דַּיָּן. נִמְצָא מְזַכֶּה אֶת הַחַיָּב וּמְחַיֵּב אֶת הַזַּכַּאי לֹא מִפְּנֵי שֶׁהוּא רָשָׁע אֶלָּא מִפְּנֵי שֶׁאֵינוֹ יוֹדֵעַ. לְכָךְ נֶאֱמַר (דברים א יז) "לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט". וְעוֹד אָמְרוּ כָּל הַמַּעֲמִיד לְיִשְׂרָאֵל דַּיָּן שֶׁאֵינוֹ הָגוּן כְּאִלּוּ הֵקִים מַצֵּבָה שֶׁנֶּאֱמַר (דברים טז כב) "וְלֹא תָקִים לְךָ מַצֵּבָה אֲשֶׁר שָׂנֵא ה׳ אֱלֹקֶיךָ". וּבִמְקוֹם תַּלְמִידֵי חֲכָמִים כְּאִלּוּ נָטַע אֲשֵׁרָה שֶׁנֶּאֱמַר (דברים טז כא) "לֹא תִטַּע לְךָ אֲשֵׁרָה כָּל עֵץ אֵצֶל מִזְבַּח ה׳ אֱלֹקֶיךָ". וְכֵן אָמְרוּ חֲכָמִים (שמות כ כ) "לֹא תַעֲשׂוּן אִתִּי אֱלֹקֵי כֶסֶף" אֱלוֹקַּ הַבָּא בִּשְׁבִיל כֶּסֶף וְזָהָב זֶה הַדַּיָּן שֶׁמִּנּוּהוּ מִפְּנֵי עָשְׁרוֹ בִּלְבַד:
Whenever a Sanhedrin, a king, or an exilarch appoints a judge who is not fitting and/or is not learned in the wisdom of the Torah and is not suitable to be a judge - even if he is entirely a delight and possesses other positive qualities - the person who appoints him violates a negative commandment, as Deuteronomy 1:17 states: "Do not show favoritism in judgment." According to the Oral Tradition, we learned that this command is addressed to those who appoint judges.
Our Sages declare: "Perhaps a person will say: 'So and so is attractive, I will appoint him as a judge,' 'So and so is strong, I will appoint him as a judge,' 'So and so is my relative, I will appoint him as a judge,' or "So and so knows all the languages, I will appoint him as a judge.' This will lead to those who are liable being vindicated and those who should be vindicated held liable, not because the judge is wicked, but because he does not know Torah law. Therefore the Torah states: "Do not show favoritism in judgment."
Our Sages also declare: "Whoever appoints a judge who is not appropriate for the Jewish people is considered as if he erected a monument, as implied by Deuteronomy 16:22: "Do not erect a monument which is hated by God, your Lord." If he is appointed instead of a Torah scholar, it is as if one planted an asherah, as Ibid.:21 states: "Do not plant an asherah or any other tree next to God's altar."
And our Sages interpreted Exodus 20:20: "Do not make gods of silver and gods of gold together with Me" to mean "Do not appoint a judge because of silver and gold." This refers to a judge who was appointed because of his wealth alone.
Our Sages declare: "Perhaps a person will say: 'So and so is attractive, I will appoint him as a judge,' 'So and so is strong, I will appoint him as a judge,' 'So and so is my relative, I will appoint him as a judge,' or "So and so knows all the languages, I will appoint him as a judge.' This will lead to those who are liable being vindicated and those who should be vindicated held liable, not because the judge is wicked, but because he does not know Torah law. Therefore the Torah states: "Do not show favoritism in judgment."
Our Sages also declare: "Whoever appoints a judge who is not appropriate for the Jewish people is considered as if he erected a monument, as implied by Deuteronomy 16:22: "Do not erect a monument which is hated by God, your Lord." If he is appointed instead of a Torah scholar, it is as if one planted an asherah, as Ibid.:21 states: "Do not plant an asherah or any other tree next to God's altar."
And our Sages interpreted Exodus 20:20: "Do not make gods of silver and gods of gold together with Me" to mean "Do not appoint a judge because of silver and gold." This refers to a judge who was appointed because of his wealth alone.