Why should you check judges of Yisrael?

Maharal: When they sin in judgment, they are punished.

Iyun Yakov: Normally, we do not suspect Beis Din. However, Hash-m is merciful - if He sends many afflictions, surely it is due to tilting judgment, which makes the Shechinah depart. "Elokim Nitzav ba'Adas Kel" - if they judge properly, " b'Kerev Elokim Yishpot."

Granted, the verse teaches that punishments come to the world due to judges. What is the source that all punishments are due to them?

Rif (on the Ein Yakov) #1: When there are sins of Yisrael judges and other Aveiros, the punishment is attributed to the judges. Shim'u Na... ha'Masa'avim Mishpat; ... Lachen Biglalchem Tziyon Sadeh Secharesh" - previous verses discussed false Nevi'im and witches, but the punishment is given only after the judges' sins. Also at the end, "Bone Tziyon b'Damim..." is just before "Rosheha b'Shochad Yishpotu v'Chohaneha bi'Mchir Yoru u'Nvi'eha b'Chesef Yiksomu", to teach that due to bribes, Tziyon was built on this money, and will be destroyed due to it, and not due to the false Nevi'im.

Rif (on the Ein Yakov) #2: Three punishments came for three sins, and one of them (false Nevi'im) was not connected to judges! However, the punishment was put next to bribery, to teach that the decree was primarily due to judges, and along with it, other punishments were decreed.

What were their three Aveiros?

Rashi: They judged with bribery, gave rulings for wages, and prophesized for money.

Maharal: These three correspond to Har ha'Bayis, the Heichal and Kodesh ha'Kodoshim. Torah is in the Aron, in Kodesh ha'Kodoshim. Nevu'ah is from the Heichal. The Menorah is there. When Shechinah rested on a Navi, his Nefesh was totally Kadosh. "V'Ner Elokim Terem Yichveh u'Shmuel Shochev b'Heichal Hash-m" - Shmuel's lamp shone before Eli's extinguished. The Sanhedrin sits in Har ha'Bayis, and from there rulings go out to the entire world.

Why does it say 'therefore, they received three punishments'?

Rashi, according to Maharsha: Because of their three Aveiros.

Maharsha: The Gemara implies unlike this!

Maharsha: 'All punishments' refers to fire, which is the worst punishment - it destroys everything! It comes due to evil judges, like in Sedom. Straight judgment sustains the world; crooked judgment destroys the world. It was proper that fire come upon them. Since they trusted in the One who said, and the world came into existence, i.e. He created it via speech, also they will survive, even if they tilt judgment. They will get three punishments for their three Aveiros, but not total destruction via fire, like was in Sedom. Tziyon will be a field, and Har ha'Bayis a forest - things will grow there.

Rav Elyashiv: The Tur (Reish CM) says that Din sustains the world. When judgment is crooked, the world has nothing to sustain it.

Rif (on the Ein Yakov): If you will ask, since the sin of judges is so great, why were they not punished bodily, like the false Nevi'im were? It is because they trusted in Hash-m, saying "Hash-m b'Kirbenu Lo Savo Aleinu Ra'ah."

What are signs of haughty people?

Rashi: Yisraelim grow Beluris (long hair on the forehead, or in back of the neck) and wear haughty clothing, like horsemen.

Why will Yerushalayim be redeemed only through Tzedakah?

Maharal: Yerushalayim is under the nations' authority. Tzedakah is Rachamim. This Midah will redeem Yerushalayim, which is like a widow - Hash-m distanced from it. Redemption is via the Midah that joins, the opposite of distance and separation. Mercy is the only Midah of connection. One who has mercy on someone, he connects to him. "K'Rachem Av Al Bno" - a man is connected to his son, and has mercy on him. A lover, who connects, is called Rachmuhi in Arame'ic. Redemption of Yerushalayim is when Hash-m will return to it.

Maharsha (Sanhedrin 98a): Haughty people push aside the legs of the Shechinah; it is as if they serve idolatry (Sotah 4b). The verse concludes "Am Oni va'Dal v'Chasu b'Shem Hash-m" - unlike before, when they were haughty in the name of idolatry.

Iyun Yakov: The primary Galus is departure of the Shechinah; haughtiness causes this.

The Gemara was discussing judges. Why was 'Yerushalayim will be redeemed only through Tzedakah' brought here?

Rav Elyashiv: Maharsha (Sanhedrin 98a) asked, the verse mentions also Mishpat - "Tziyon b'Mishpat Tipadeh"! Why do we say 'only through Tzedakah'? In the future, Torah will be forgotten, so there will be no Mishpat. In the merit of Tzedakah, both Yerushalayim and Mishpat will be redeemed. Some texts say, it will be redeemed via Mishpat. If so, in Birkas ha'Mazon the text should say 'Bone Yerushalayim' (like the Mechaber, 188:4), and not 'Bone v'Rachmav Yerushalayim' (like the Rema), for Mishpat is not mercy. (NOTE: Why is Ashkenazi custom to say v'Rachmav in Birkas ha'Mazon, but not in Shemoneh Esre? - PF)

What are Amgushei?

Rashi: They are heretics who cause us to be hated.

Rashi (Sanhedrin 98a): It is a Persian witch; they pained Yisrael.

Maharal: Witchcraft is the same level as pride. Pride is To'evah - To'avas Hash-m Kol Gevah Lev" [and similarly, "Lo Yimatzei Vecha... u'Mechashef; ... uvi'Glal ha'To'evos ha'Eleh"]. Pride is on the right side, and Kishuf is on the left. Therefore, if proud people cease, witches cease. Witchcraft and Zenus eradicated everything (Sotah 48a); Zenus and pride are one Midah. One who has pride, it is as if he had Bi'ah with all the Arayos (ibid. 4b).

Iyun Yakov: Witchcraft is via the proud - haughty spirit is a Midah of Talmidei Bil'am. Witchcraft does not affect water, which flows to a low place.

Rashi (Sanhedrin 98a): In Shabbos (75a), some say that it is a Nochri blasphemer.

Maharsha (Sanhedrin 98a): They are evil Nochri flatterers. They are compared to tin mixed with silver.

Why will the Amgushi cease if haughty people cease?

Maharsha (Sanhedrin 98a): Here, Yehirim are those who portray themselves to be Kosher, and the 'forgery' is not recognized. We say in Sotah (47b), when Yehirim increased, Bnos Yisrael began to marry Yehirim; our generation sees only the surface. When the insincere cease among Yisrael, Midah k'Neged Midah such Nochrim will cease to rule over you.

Iyun Yakov (Sanhedrin 98a): "Ani Es Daka..." (Hash-m is with the lowly); therefore, Amgushi (witches), who weaken the Divine entourage, cease.

Why will Shechinah not rest on Yisrael until evil judges and enforcers cease?

Etz Yosef citing Sama d'Chayei: The leader is based on the Dor (generation), and the Dor is based on the leader. (NOTE: Rashi (Vayikra 26:35) counts the years in which Yisrael transgressed Shemitah, i.e. when the king was a Rasha. He assumes that the Dor was like the king. However, the Doros of Yehoyakim and Tzidkiyah were exceptions (Sanhedrin 103a). Also, what is the source that the Dor is like the judges? - PF) If the judges are good, so is the Dor, and they are proper for Shechinah.

Rav Elyashiv: This refers to Batei Din of commoners who do not know the Halachah. However, going to [Nochri] courts is worse. Even if they rule like Yisrael's law, he is a Rasha, and it is as if he reviled, blasphemed and rebelled against Toras Moshe (CM 26:1). The Rema says that Beis Din should excommunicate him. It is even worse if they do not rule like Yisrael!

Daf Al ha'Daf: The Torah put "Shofetim v'Shoterim" right after Aliyah l'Regel (at the end of Parshas Re'eh), for during the Regel, Yisrael saw the Shechinah. 'See your dearness to Hash-m!' (Chagigah 26b)

What does Rav Papa learn from "v'Etzrof ka'Bor Sigayich v'Asirah Kol Bedilayich"?

Rashi (Sanhedrin 98a): When I remove the great impurities, I will remove those who are separated from you. Amgushi is separated from Yir'as Hash-m.

Who are Sigayich?

Rashi: They are haughty people who aggrandize themselves. This is like "Yisgeh Me'od."

Rif (on the Ein Yakov): Haughtiness causes poverty of Torah. They do not know to judge correctly.

Rashi (Sanhedrin 98a): They are mixtures in you.

Maharal: Sig is the dross (chaff) of silver. So a Ba'al Ga'avah is the chaff of esteem and grandeur.

Who are Bedilayich?

Rashi: People who separate Yisrael from Hash-m via their lies and frantic behavior.

Rashi (Sanhedrin 98a): They are those separated, who lead the nation.

Maharal: Kishuf is called Bedil (tin) because it resembles silver. Witches do things that resemble true matters, but they forge, just like tin resembles something esteemed.

What are Geziraftei?

Rashi: They are Nochri officers that oppress [Yisrael].

Maharal: The Aruch says, they are Resha'im. I say, they are Resha'im who indulge in Zenus.

Etz Yosef (Sanhedrin 98a): The Aruch's text is Gazei Rafati. He explained that they are officers who incarcerate people and take their money.

If judges cease, why will Geziraftei cease?

Rashi: This refers to evil Yisrael judges who pervert the verdict.

Maharal: A small injustice of a judge is harsh. Because the generation now does not merit judges of Emes, Shechinah does not return unless the [evil] judges cease. Shechinah depends on Din. This is why the Sanhedrin was by the Mizbe'ach. "Elokim Nitzav ba'Adas Kel b'Kerev Elokim Yishpot" - the Shechinah is among any three judges.

Maharsha (Sanhedrin 98a): When will cease evil Yisrael judges who tilt the verdict due to bribes, Midah k'Neged Midah, officers of Edom who rule over Yisrael will cease. "Hesir Hash-m Mishpatayich" is like Shofetayich, and so translates Yonason.

How are judges a staff for their clerks?

Rashi: They let them demand extra wages for summonsing the defendant and taking a security from one who was obligated to pay.

Maharsha: "Shavar Hash-m Mate Resha'im" is a prophecy about Bavel! However, the previous verse says that it is a Mashal about Melech Bavel. This implies that Melech Bavel is the Nimshal; the Mashal is judges who support the evil deeds of their clerks. So Melech Bavel was a staff for the evil Kasdim.

Is there a problem if there are judges in the families of Chachamim?

Rashi: We discuss evil judges, that Chachamim in their families appoint them, cover up for them and advocate for their rulings.

Maharsha: Rashi explains that "Shevet" refers to a staff. I say that it is a tribe. The Chacham is from the same tribe and family as the judge, therefore he supports him.

What is the meaning of 'they teach Hilchos Tzibur to Bor judges'?

Rashi: They train ignorant people and appoint them to judge anyone who comes. They do not consult with Chachamim, and tilt the verdict.

Maharal: Hilchos Tzibur is how to conduct the Tzibur. This is all that the judges know; they do not know Torah. They can be judges only because they know Hilchos Tzibur.

Why does "Ki Chapeichem Nego'alu va'Dam" refer to judges?

Rashi: Their hands are stretched out to take bribes, and tilt the verdict. They unjustly take money from the litigant and give it to his opponent - this is like killing him!

Maharsha: 'Ha'Dam Hu ha'Nefesh." Alternatively, Dam is an expression of Damim (money).

Why does ""V'Etzbe'oseichem be'Avon" refer to scribes?

Rashi: They write fraudulent documents.

Why does "Sifsoseichem Dibru Sheker" refer to lawyers?

Rashi: They teach litigants what to claim [in order to within the case].

What is the significance that Yosef did taste wine?

Maharal: This shows that he is primary in Yisrael. Yisrael are called on his name. It says in Bereishis Rabah (71) that Yisrael are called on Rachel's name, because he worked [for Lavan] in order to marry her - "Mavakah Al Baneha." They are called on her son's name - "Hash-m Tzevakos She'eris Yosef." (NOTE: Also, "Noheg ka'Tzon Yosef" - refer to Tehilim 80:2:3:1-2 and the notes there. - PF) They are called on her grandson's name - "ha'Ben Yakir Li Efrayim." When Yosef separated from them, he did not drink wine, which leads to Simchah, for Simchah comes from Shleimus; mourning comes from lack. Wine was created to console mourners (Eruvin 65) - they lack and are most pained. The separation affected Yosef more than his brothers, since he was primary and the head. One at a higher level and closer to perfection, lack bothers him more. Also, he lacked all the Shevatim; they lacked only him. (NOTE: Also, he was separated from his father; they were not! - PF)

Rav Elyashiv: He abstained to join in his brothers' pain. (NOTE: How did he know that they are in pain? Perhaps Rav Elyashiv means his brother's (singular, i.e. Binyamin's) pain. He should have been even more concerned for his father's pain! Loss of a child is harsher than loss of a sibling. Also, the brothers knew that Yosef was alive; Yakov did not! He was punished for insensitivity to his father's pain (Rashi Bereishis 39:6, from Tanchuma Vayeshev 8)! - PF)

What is "Nezir Echav"?

Maharal: it is their crown and head. Therefore, he was pained over separation from them.

Maharsha #1: It is not an expression of Nezirus, for "va'Ygalach" (he shaved before coming in front of Pharaoh). Rather, he was a Nazir (abstained) from wine, because the debacle of selling him came via eating and drinking. Rashi (Bereishis 37:12, from Bereishis Rabah 84:13) says "Lir'os" - they went to graze (feed) themselves, and it says "va'Yeshvu Le'echol va'Yis'u Eineihem." (NOTE: The Taz explains, the brothers did not realize that they go to feed themselves during the famine, via selling Yosef. - PF)

Maharsha #2: Granted, Yosef knew that they are his brothers, so his vow was permitted. They did not know that he is Yosef - what permitted them to drink with him? They permitted their vow amidst fear of the kingdom. This also answers why they drank [what they assumed is] Stam wine of Nochrim, which Rabanan forbade later. If so, we can say that Yosef was a real Nazir. He shaved during Nezirus due to fear of the kingdom. (NOTE: The Midrash says that Yosef shaved on Rosh Hashanah; honor of the king overrode Yom Tov. - PF)

Daf Al ha'Daf: The Ragatz'aver asked R. E. Wasserman why the Targum of va'Ygalach is v'Saper, unlike its Targum elsewhere. He answered, Yosef was a Nazir Olam, who does not shave, just he lightens his hair with a razor when it is too long.

Maharsha #3: It is due to his level. Even though he was under others' authority, and among Nochrim, he abstained from wine.

What is the source that his brothers did not drink?

Rashi: "Imo" implies that until now, they did not.

Maharal: R. Yosi b'Rebbi Chanina holds that also they did not, because there was separation of what should have clung together.

If also Yosef's brothers did not drink wine, why is only Yosef called "Nezir Echav"?

Maharal: "Nezir Echav" is their crown and head.

Maharsha: His brothers merely refrained from wine. Only Yosef was a full Nazir.

Maharsha #3: It refers to his level.

Etz Yosef citing Iyei ha'Yam: They refrained amidst Teshuvas ha'Mishkal for selling a Tzadik. They are called Ba'alei Teshuvah. Yosef refrained amidst Perishus, not due to sin. (NOTE: Also Binyamin did not sin [in his entire life - 55b]! Perhaps indeed, Binyamin drank wine during the separation; the verse means that most (all the other) brothers did not get drunk until now. - PF)

Did Yosef's brothers get drunk?

Daf Al ha'Daf citing the Imrei Emes: Yes! They drank a little, but since they had not drunk in 22 years, they became drunk.

Why was Aharon rewarded for "v'Ra'acha v'Samach b'Libo"?

Rashi: He was older than Moshe, and Shechinah was revealed to him before it was to Moshe - "ha'Niglo Nigleisi l'Veis Avicha." The Nevu'ah in Yechezkel 20:5-7 was said to him. Even so, he was not jealous (NOTE: that Moshe will be the Shali'ach to take Yisrael out of Egypt. - PF)

Rif (on the Ein Yakov): Moshe said "Shlach Na b'Yad Tishlach" - send the one (Aharon) whom You usually send (he has been the Navi in Egypt until now).

Maharal: He was happy for Moshe's grandeur; it did not pain him at all. It was proper to be jealous, for Aharon was older. Had he felt any envy, he would not have had Simchah in his heart. The Simchah showed perfection of his heart. If not, he could not wear over it the Choshen, which had Kadosh names. (NOTE: Does the same apply to all Kohanim Gedolim? A Kohen Gadol was jealous that people honored Shemaya and Avtalyon more than himself (Yoma 71b)! That was during Bayis Sheni, when most Kohanim Gedolim were not so virtuous; some were appointed via bribery! They told him that he does not do like Aharon! - PF)

Maharal (152a): Only one with a Shalem heart can have Ru'ach ha'Kodesh, to be able to tell the future via the Choshen. It is called Choshen Mishpat - nothing is more complete than Mishpat.

Maharsha: "B'Libo" is extra to teach that he rejoiced with all his heart. He did not show Simchah while feeling envy inside.

Rav Elyashiv: Had Aharon known that the Torah will write so about him, he would have gone to greet him with drums and Mecholos (Rus Rabah 5:6). (NOTE: Mecholos are Klei Shir, like in Mechilta Beshalach, Shirah 10. Sometimes it refers to dances (Tehilim 30:12, Ta'anis 31a, Devarim Rabah 3:13). - PF) Aharon did not do so, for it was clear to him that Moshe deserves [to be Hash-m's Shali'ach]. He had no Havah Amina of Hakpadah. Had he known that it is a Chidush that the Torah will emphasize, he would have had to go with drums and Mecholos to show that he has no Hakpadah.

What is the connection of these two Drashos?

Iyun Yakov #1: Yosef's brothers did not drink, for they regretted the sale. It was an Aveirah Lishmah - they saw Yarav'am destined to descend from him. Also Aharon sinned Lishmah, lest they kill him, like they killed Chur - "Im Yehareg b'Heichal Hash-m Kohen v'Navi." Since they regretted an Aveirah Lishmah, we cannot say that via this, Aharon merited Kehunah! Rather, it was due to "v'Ra'acha v'Samach b'Libo."

Iyun Yakov #2: The first opinion holds that Yosef's brothers drank, just they did not become drunk. One who vows from wine is called a sinner - "v'Yayin Yesamach Levav Enosh." (Yosef became a Nazir to afflict himself, for he came to a foreign land.) However, "Simchah Mah Zo Osah"? Therefore, we bring from Aharon, that one should not refrain from Simchah - its reward is great!