Hashem, your G-d, hirbah eschem/has multiplied you…[2]
Sifrei picks up on the different connotations of hirbah, whose root meaning is many, much. Sifrei senses the idea of promotion, i.e. making something greater: “He promoted you over your own judges.” It points to Shlomo’s cry, “Who can judge Your great nation?,”[3] which Sifrei takes to mean, “I am not like other judges. A non-Jewish king can sentence people to death with impunity. The personal stakes are not high for him. If he judges incorrectly, and takes too much money from a defendant, there is no loss to him. I, however, if I err in a monetary case, I am judged severely. My very life is on the line!”
This is what I believe to be the explanation. A human judge cannot see beyond the superficial. Even if justice would somehow be served by taking more from the rich and giving it to the poor, the judge cannot possibly know who is actually wealthy. There are those who give the impression of possessing wealth, but nothing firm stands behind it. His public wealth is all smoke and mirrors. There are also those who conduct themselves as if impoverished, but are quite well off.
In other words, the human judge cannot accurately weigh all factors that need to be considered to promote real justice. The Torah therefore commands him to look only at what is plain and visible – i.e. the abstract halacha – and ignore all else.
In this he finds procedure – but not pardon. He knows what he has to do, which is to determine the application of subtle legal principles. But he remains culpable for the consequences (often unseen) of any mistake he makes. His faulty ruling about a relatively small amount might have a huge impact on the strained budget of a poor person. That person might take sick, for lack of proper food or medical attention. Conceivably, judicial error might cause a person’s death. He will have been the cause, and he will be held responsible.
Shlomo, conscious of this high moral standard, therefore prayed to Hashem. “You’ve given me enough wisdom to judge the dry law. But I cannot possibly know of all the consequences of a particular decision. Only You know them. I daven to You to provide me with Divine Assistance to come to proper conclusions.
This, then, is Moshe’s message to the Bnei Yisrael. You are promoted above your judges. Because of Hashem’s extraordinary love of you, your needs place a moral weight on all those who exercise authority over you. The slightest indirect causation of damage or loss to you, is at times reckoned as a capital crime!
- Adapted from Divrei Shaul, by Rav Yosef Shaul Nathanson, the Shoel U-MeishivH ↑
- Devarim 1:10 ↑
- Melachim1 3:9 ↑