Rabbi Abahu on in the Name of Rabbi Yosé the Son of Zimra Whenever

Midrash Tanchuma, Mishpatim 3

"And these are the judgments" (Exodus 21:1). Rabbi Abbahu said in the name of Rabbi Yose ben Zimra: Every place where it says "these," it nullifies what came before; "and these" adds to the latter and is praise for the former. With this understanding you may interpret them all. And here too, "And these are the judgments," which adds praise to the former, as it is said, "There he set for them a statute and a judgment" and so forth (Exodus 15:25), "before them," and not before the nations of the world. From where do we know that Israelite litigants who have a case one with another, who know that the nations judge that case as Israelite law judges it, are forbidden to resort to them? Scripture teaches, "which you shall set before them" (Exodus 21:1): before Israel, and not before the nations of the world. For whoever forsakes the judges of Israel and goes before the nations of the world has first denied the Holy One, blessed be He, and afterward denied the Torah, as it is said, "For their rock is not like our Rock, even our enemies being judges" (Deuteronomy 32:31). To what may the matter be compared? To a sick man whom the physician came to visit. He said to the members of the household: Feed him and give him to drink whatever he wishes; withhold nothing from him. He went in to another and said to the members of the household: Be careful that he not eat such-and-such a thing and not drink such-and-such a thing. They said to him: To this one you said to eat whatever he wishes, and to this one you say he shall not eat? He said to them: The first sick man is not destined for life; therefore I said withhold nothing from him; whether he eats or does not eat, he will die. But this one, who is destined for life, I said he shall not eat such-and-such a thing, so that he not aggravate his illness. So too with the statutes of the nations, as it is said, "For the statutes of the peoples are vanity" (Jeremiah 10:3). And it is written: "And I also gave them statutes that were not good, and judgments by which they could not live" (Ezekiel 20:25). But to Israel I gave commandments and good statutes, as it is said, "And you shall keep my statutes and my judgments, which a person shall do and live by them" (Leviticus 18:5). "And these are the judgments." The Holy One, blessed be He, said to Israel: If you carry out the judgment and do not resort to the nations of the world, I will build for you the Temple, and the Sanhedrin will sit in it, as it is said, "And I will restore your judges as at the first" and so forth (Isaiah 1:26). And it is written: "Zion shall be redeemed with judgment" and so forth (Isaiah 1:27). And it is written: "Thus says the LORD, Keep judgment and do righteousness, for my salvation is near to come" and so forth (Isaiah 56:1).

Themes

Original Sources