That tension is at the heart of our story today, drawn from Midrash Tehillim 58, a beautiful exploration of Psalm 58. It grapples with a difficult question: "Do not destroy the conqueror. Is justice truly mute?"
The midrash (rabbinic interpretive commentary), this rabbinic method of interpreting scripture, begins by questioning the very nature of justice. Is it blind? Unfeeling? No, it argues, quoting Solomon from (Proverbs 21:8): "The way of a man may be straight in his own eyes, but the Lord weighs the heart." It's about inner truth, not just outward appearances. The crooked ones, it suggests, are those who break their word, who say one thing and do another.
And who better to illustrate this than King Saul?
The midrash paints Saul as a prime example of this "crookedness." Remember the story of Saul pursuing David, consumed by jealousy? Saul himself admits to David, "You are more righteous than I...you have rewarded me good, whereas I have rewarded you evil." (1 (Samuel 24:1)8). He even acknowledges that David will be king. As (Proverbs 12:26) says, "The righteous is more excellent than his neighbor," and in this case, the midrash identifies that neighbor as Saul. Yet, despite this recognition, Saul continues to pursue David.
Now, David has multiple opportunities to kill Saul. He could have ended the chase, secured his future. But he doesn't. Instead, he shows remarkable restraint, honoring Saul as the anointed king of Israel. He even makes Saul swear an oath not to harm his descendants, according to (1 (Samuel 24:22-2)3). But what happens when Saul leaves?
Saul's men question David’s mercy. "Behold, we see that the king is in your hands, and that you did not kill him. Therefore now be content and let your heart rejoice." David's response is powerful: "Do not destroy him; for who can stretch forth his hand against the Lord's anointed, and be guiltless?" (1 Samuel 26:9).
The midrash finds deeper layers here. When David says, "As the Lord lives, surely the Lord shall strike him; or his day shall come to die; or he shall descend into battle, and perish," (1 Samuel 26) why does he invoke God's name twice? One explanation offered is that he's making a double vow: not only will he not kill Saul, but if anyone else does, he will hold them accountable. Another interpretation suggests that he is swearing an oath against his own yetzer hara (the evil inclination), his own evil inclination. A constant battle, as many traditions remind us.
Then there’s the incident with the spear and the jug of water, vividly described in 1 Samuel 26. David confronts Abner, Saul's general, questioning his loyalty and competence. "You should speak with righteousness and judge with fairness," David rebukes. The midrash connects this to the Torah's commands in (Deuteronomy 16:20), "Justice, justice shall you pursue," and (Leviticus 19:15), "You shall judge your neighbor with righteousness."
The midrash then shifts its focus inward, urging us to "cast out the wicked from your womb," to banish wickedness from our hearts. It reminds us that our hearts were created for truth, echoing (Psalm 15:2): "He who speaks the truth in his heart." The Holy Spirit, through prophets like Jeremiah and Isaiah, knew us even before we were born.
But what about innate wickedness? The midrash points to Esau, who struggled with his brother Jacob in their mother's womb (Genesis 25:22), as an example of inherent evil. Yet, even with this potential for darkness, we are called to choose righteousness.
The midrash concludes with a powerful image: the wicked are like a serpent, deaf to the voice of reason, or a snail that melts away as it goes (Psalm 58:9). They will face the consequences of their actions, falling into Gehenna, the fiery abyss. While the righteous will ultimately rejoice, we are reminded by (Proverbs 24:17): "Do not rejoice when your enemy falls."
So, what does all this mean for us? Perhaps it's a reminder that justice isn't just about punishment, but about inner transformation. It’s about the constant struggle to choose righteousness, to speak truth in our hearts, and to resist the temptation to rejoice in the downfall of others. It’s a call to examine our own “crookedness” and strive for a more just and merciful world, starting within ourselves.
"Do not destroy the conqueror. Is justice truly mute? As Solomon said (Proverbs 21:8), "The way of a man may be straight in his own eyes, but the Lord weighs the heart." The "crooked" ones are the wicked who do not stand by their words, saying and then annulling them. This is how Saul was "crooked." Just last night he said to David (1 Samuel 24:18), "You are more righteous than I, for you have rewarded me good, whereas I have rewarded you evil. And you have declared this day how you have dealt well with me; for when the Lord gave me into your hand, you did not kill me. For if a man finds his enemy, will he let him go away safe? Therefore may the Lord reward you with good for what you have done to me this day. And now, behold, I know that you shall surely be king, and that the kingdom of Israel shall be established in your hand." This is what it means (Proverbs 12:26), "The righteous is more excellent than his neighbor." His neighbor refers to Saul, as it is said (1 Samuel 24:11), "And you are seeking to take my life." The righteous one is David, who said to Saul (1 Samuel 24:22-23), "Swear now therefore unto me by the Lord, that you will not cut off my seed after me, and that you will not destroy my name out of my father's house." So Saul swore to David. As soon as Saul had departed, his men said to him, "Behold, we see that the king is in your hands, and that you did not kill him. Therefore now be content and let your heart rejoice." David replied (1 Samuel 26:9), 'Do not destroy him; for who can stretch forth his hand against the Lord's anointed, and be guiltless?' (1 Samuel 26) And David said, 'As the Lord lives, surely the Lord shall strike him; or his day shall come to die; or he shall descend into battle, and perish.' Why did he mention the name of the Lord twice? To tell him, 'By the life of the Lord, do not kill him; and if you kill him, by the life of the Lord, I will kill you.' Another explanation is that he swore an oath against the evil inclination and rebuked it. (1 Samuel 12) And David took the spear and the jug of water. (1 Samuel 26) And David called to the people, 'You should answer, Abner.' He said to him, 'What do you have to answer? You spoke about the matter of the cave - if someone would harm you, we would enter there and cut him to pieces. Or speak about the incident with the water jug and spear - what do you have to answer?' Abner had nothing to say, so he remained silent. Therefore, David said to them, 'You should speak with righteousness and judge with fairness. In righteousness, you pursued him, as the Torah says (Deuteronomy 16:20), "Justice, justice shall you pursue." Or, you judged with righteousness, as it is written (Leviticus 19:15), "You shall judge your neighbor with righteousness."' Well done, that you do so with fairness. Therefore, speak righteousness even in your hearts." You shall cast out the wicked from your womb. You shall cast out the wicked from your heart. This heart was created only for truth, as it is said (Psalm 15:2), "He who speaks the truth in his heart." But you were not like this; even in your heart, you acted wickedly. And the Holy Spirit says through Jeremiah (Jeremiah 1:5), "Before I formed you in the womb, I knew you." And likewise, Isaiah says (Isaiah 49:1), "The Lord called me from the womb." And the wickedness in the womb is evident, as you see in Esau, who struggled with his brother in his mother's womb, as it is said (Genesis 25:22), "And the children struggled together within her." For he was crushing with his brother in his mother's womb. He said, "You also have cast out the wicked. Cast out the wicked from your heart. Why do you rage like the rage of a serpent, which does not listen to the voice of enchanters, however skilled they may be?" He said to them, "Do you not know what the Holy One, blessed be He, did to the serpent, which broke its teeth and now eats dust? Thus the Holy One, blessed be He, will do to you who have put out your tongue against Him." He said to them, "The Holy One, blessed be He, said, 'You spoke evil speech; you will fall into Gehenna, and fire will consume you,' as it is said (Psalm 58:9), 'Like the snail that melts away as it goes.'" Do you not see that the sun always shines, but only the righteous (Malachi 3:20) "will be glad when they see the vengeance"? And likewise, it is said (Proverbs 24:17), "Do not rejoice when your enemy falls."