“May the Lord, God of your fathers, add to you one thousand times as you are, and He will bless you, as He spoke to you” (Deuteronomy 1:11). “The Lord, God of your fathers” – halakha: Is it permitted for a man of Israel who was appointed as Sage or judge over the congregation to sit in judgment by himself? So taught our Rabbis: Do not judge alone, as there is only One who judges alone, as it is stated: “He is One, who can respond to Him?” (Job 23:13).
What is “He is One”? Reish Lakish said: It is that the Holy One blessed be He judges and issues the ruling by Himself. Rabbi Reuven said: What is the seal of the Holy One blessed be He? It is truth.
Why is it truth [emet]? Emet has three letters: Alef – the first of the letters; mem – the middle one; tav – the last of them, saying: “I am first and I am last and besides Me there is no God” (Isaiah 44:6). “Provide for yourselves men who are wise, understanding, and known to your tribes, and I will place them at your head” (Deuteronomy 1:13). The Rabbis said: Come and see, when Moses was appointed over them, he said to them: ‘I am unable to bear your burden by myself; instead, appoint judges for yourselves, so that they will judge you,’ as it is stated: “Provide for yourselves men…” Rabbi Berekhya said in the name of Rabbi Ḥanina: Judges must have seven attributes, and they are: “Wise, understanding, and known to your tribes,” and four [additional attributes], as it is written elsewhere: “You shall identify from all the people [accomplished men, fearers of God, men of truth, haters of ill-gotten gain]” (Exodus 18:21).
Why were the seven not written at once? It is [to indicate] that if [individuals] with the seven [attributes] are not found, one brings [individuals] who have four. If [individuals] with four are not found, one brings [individuals] who have three. If [individuals] with three are not found, one brings [individuals] with one, as so it is written: “An accomplished woman who can find?” (Proverbs 31:10).17This indicates that it is difficult to find even one individual who is accomplished, and being acccomplished is but one of the seven attributes that one should look for in a judge; if one finds one with this characteristic, one should appoint him (see Etz Yosef; Anaf Yosef).
“And I will place them [vaasimem] at your head” – vaasimem is written without a yod.18Thus, it can be read vaashamam, their guilt. Rabbi Yehoshua ben Levi said: Moses said to them: ‘If you do not heed them, the guilt will be on your heads.’ To what is the matter comparable? To a serpent whose tail said to the head: ‘Until when will you go first?
Let me go first.’ [The head] said to it: ‘Go.’ It went and encountered a water hole and cast [the head] into it. It went and encountered fire, and cast [the head] into the fire. It encountered thorns, and cast [the head] into them.
What caused this? It is because the head followed the tail. So, when the lowly heed the great, [the great individuals] decree before the Omnipresent and He performs [their will].19They can pray and abolish any negative decrees that may have been decreed upon the people (Maharzu). But when the great follow the lowly, they fall [due to] those they are following.
Another matter, Rabbi Hoshaya said: To what is the matter comparable? To a bride who was standing under her wedding canopy and her hands became sooty. If she wipes them on the wall, the wall will become sooty and her hands will not be cleaned; if [she wipes them] on the floor mosaic, the floor mosaic will become sooty and her hands will not be cleaned. But if she wipes them on her hair, her hair will be beautified and her hands will be cleaned.
So, when Israel heed their great ones, and their great ones do not attend to their needs,20If they do not provide proper leadership. the guilt is on the head of the great ones, but if not, [the guilt] will be on their own heads. Rabbi Yitzḥak said: When Israel heed their great ones and their great ones do not attend to their needs, at that moment: “The Lord will enter into judgment with the elders of His people and its princes” (Isaiah 3:14).
Why to that extent?21This question refers back to what was stated at the beginning of this passage (Devarim Rabba 1:10), that one should not judge alone (Maharzu). Because the burden of the congregation is very difficult, and no one person is capable of bearing the burden of the congregation by himself. Know that this is so, as Moses, master of all the prophets, was unable to bear the burden of the congregation by himself.
From where is it derived? “I spoke to you at that time [saying: I am unable to bear you alone]” (Deuteronomy 1:9). At what time? Rabbi Yoḥanan said: At the time of Yitro’s [visit].
From where is this derived? As it is written: “As the matter is too arduous for you; you cannot do it by yourself” (Exodus 18:18). Rabbi Ḥiyya said: At the time of the complainers, as it is stated: “I cannot bear this entire people alone, because it is too heavy for me” (Numbers 11:14). “Did I conceive [this entire people; did I give birth to it?]” (Numbers 11:12) – Rabbi Berekhya said in the name of Rabbi Levi: [Moses] said before Him: ‘Master of the universe, you said: “Who have been borne [by Me] from birth, [who are carried from the womb]” (Isaiah 46:3) – it is appropriate for You to bear them.’
Moses said to Israel: ‘As you live, I am capable of bearing ten like you. Why, then, am I not capable of bearing you? It is because the Lord your God has multiplied you beyond the capability of your judges.’22Moses was capable of judging a nation ten times as large as Israel, but God bestowed upon them such blessing that they became haughty and could not bear to see another benefit at their expense, and therefore they would be quick to run to the judges to press their claims (Etz Yosef).
From where is it derived? It is from what we read regarding the matter: “The Lord your God has multiplied you” (Deuteronomy 1:10).