דיינים ה

Based on what is explained in the teaching “Tik’u Emunah” [“Sound forth faith”] in Siman 5 in Likutay Tinyana [the second volume of Likutay Moharan], in Os 11: that there are times when mikreh [a nocturnal occurrence / “chance”] comes through rabbis and judges who are not fit, who blemish the “thrones of judgment” (Psalms 122:5). Through this, the ahavos [loves] fall from the Merkavah [Heavenly Chariot] etc. And this is drawn down through the blemish of the t’fillin — through the raising of the aspect of the drop of Eisav and Yishmael to the brain etc.

And therefore it is impossible to judge alone, for to clarify the judgment is exceedingly difficult and weighty. And as Shlomoh said: “For who can judge this weighty people of Yours?” (I Kings 3:9). And even Moshe Rabbeinu said: “I cannot carry you alone” (Deuteronomy 1:9). For the mishpat [judgment] has fallen greatly through the sin of Adam HaRishon and through the sins of the previous generations who blemished the judgment greatly.

For when one person denies his fellow’s money and wishes to encroach upon his fellow’s money unlawfully — this is the aspect of the blemish of judgment, the aspect of “he makes wealth and not through justice” (Jeremiah 17:11). And through this is drawn down the blemish of the bris [covenant], which comes through the blemish of judgment, as above in the aforementioned teaching. For the blemish of robbing one’s fellow’s money — which is the aspect of the blemish of judgment, where one takes his fellow’s money unlawfully — and the blemish of the bris are interdependent, as is explained in many places in his words, of blessed memory. And in particular in the teaching “G’zailah” (Siman 69), as is explained there regarding the words of our Sages, of blessed memory: “Whoever descends into his fellow’s trade is as if he had relations with his wife” etc. (Sanhedrin 81a); see there.

And this is what is written regarding the Generation of the Flood: “For all flesh had corrupted its way” etc. (Genesis 6:12) — which is the blemish of the bris. And immediately adjacent it is written: “The end of all flesh etc., for the earth is filled with chamas [robbery]” etc. (Genesis 6:13). And Rashi explained: their decree was not sealed except on account of robbery. For this depends upon that — for through the proliferation of robbery, which is the blemish of judgment — and especially since the judges blemished the judgment greatly at that time, as our Sages, of blessed memory, said regarding the judges of Sedom — therefore that desire [i.e., the blemish of the bris] became overpowering, in the aspect of “for all flesh had corrupted” etc.

And therefore the essential sealing of their decree was specifically on account of robbery, which is the blemish of judgment — even though at first the Torah spoke only of the blemish of the bris, as it is written in the preceding passage: “And Hashem saw” (Genesis 6:5), and likewise in this passage: “And G-d saw the earth, and behold it was corrupted” etc. (Genesis 6:12) — so it appears that their essential wickedness was this, that this was exceedingly evil in His eyes, Yisborach. Yet even so, their decree was not sealed except on account of robbery, which is the blemish of judgment. For when the blemish of the bris becomes overpowering through the blemish of judgment, then it is exceedingly, exceedingly difficult to rectify, as is explained there in the aforementioned teaching. And therefore specifically through the robbery — which is the blemish of judgment — their decree was sealed regarding the immorality, for this depends upon that, as above. For when immorality comes through the blemish of judgment, then it is exceedingly difficult to rectify; therefore specifically through this their decree was sealed, as above. And this is known in the writings of the Arizal, that the Exile of Egypt was to rectify the sin of the Generation of the Flood. And therefore, when Moshe saw an Egyptian man striking [a Jew] etc., and afterward two Jewish men quarreling etc. (Exodus 2:11–13), he said: “Indeed the matter is known” (Exodus 2:14) — [i.e., now it is known] why Yisroel is in exile, as our Sages, of blessed memory, said (Shemos Rabbah 1:30). That is, because he saw that they still blemish the judgment — for the quarrel and strife is the opposite of judgment, which is the aspect of peace, as it is written: “truth and the judgment of peace shall you judge” etc. (Zechariah 8:16). Therefore he said: “Indeed the matter is known” — why Yisroel are placed in exile for so long, for this is on account of the blemish of judgment, which is exceedingly difficult to clarify. For it is explained there in the aforementioned teaching that the essential blemish of judgment, through which comes the blemish of the bris, is through raising the aspect of the drop of Eisav and Yishmael to the brain etc. And on account of this it is exceedingly difficult and weighty to elevate and clarify the judgment. And therefore it is forbidden to judge alone, and three judges are required. For these judges need to clarify and elevate the judgment from its fall — for it fell through one of these litigants wishing to rob his fellow, which is the aspect of the blemish of judgment, as above — through which comes mikreh laylah [a nocturnal occurrence], see there. And when they clarify the judgment and elevate it, and return the money to its rightful place — to the one to whom it truly belongs — through this they elevate and clarify the blemish of the nitzotzos [sparks] that fell through the blemish of the mikreh; they elevate them to the brain. And this is the aspect of the rectification of the t’fillin, which is drawn down through elevating from the aspect of “engraved in his flesh” — which comes through the sword of arrogance — to the aspect of “engravings of a signet” etc. (Exodus 28:11). However, one must be careful not to elevate excessively, so as not to raise to the brain, chas v’sholom, the aspect of the drop of Eisav and Yishmael — for the essential blemish of judgment comes through this — through which the aforementioned desire returns and overpowers even more, as above. Therefore one person cannot judge alone, for the clarification of judgment requires, as it were, two opposites: to elevate from “engraved in his flesh” to the aspect of “engravings of a signet” — the aspect of t’fillin — and [simultaneously] to push away the aspect of the drop of Eisav and Yishmael so as not to blemish the judgment through them, as above. Therefore, of necessity, two [judges] must sit who have opposing views — one inclines to the right and one to the left — through which these two aspects are accomplished: the aspect of “the left pushes away” and “the right draws near” (Sotah 47a), as above. And then the third one adjudicates, and the judgment emerges properly. See the aforementioned teaching well and understand. And this is what our Sages, of blessed memory, said: that the judge should see it as if Gehinnom is open beneath him and a sword [is placed] between his thighs (Sanhedrin 7a; Yevamos 109b). And they derived this from the verse: “Behold the bed of Shlomoh etc., all of them grasping the sword, trained in war etc., because of dread in the nights” etc. (Song of Songs 3:7–8). “Gehinnom is open beneath him” — this is the aspect of the judgment that has fallen to the lowest depths, which is the aspect of Gehinnom, in the aspect of “Your judgments are a great deep” (Psalms 36:7). This is drawn down through raising to the brain the drop of Eisav and Yishmael, as above — and the judge needs to rectify this, to elevate the judgment from there. “And a sword is placed between his thighs” — this is the aspect of what the judge must clarify: the sword of arrogance, and to elevate from the aspect of “engraved in his flesh” to the aspect of the “signet” of holiness. For all this the judge must rectify, since the blemish of the bris and the blemish of robbery — which is the blemish of judgment — are interdependent, as above. And all this our Sages, of blessed memory, derived from the verse: “Behold the bed of Shlomoh” etc. — the aspect of mittah sh’laimah [a complete bed, i.e. the complete rectification of the covenant] — the aspect of Yaakov, who is the aspect of the “threefold cord” (Ecclesiastes 4:12), the aspect of the generality of the three judges, who are the aspect of the t’las avahan [three Patriarchs] included in Yaakov who is the adjudicator — in the aspect of “justice and righteousness in Yaakov” etc. (Psalms 99:4). For he was completely clean of the blemish of the drop of Eisav and Yishmael. And therefore the essential rectification of judgment, which is the completeness of the rectification of the bris, is through him. And this verse — “Behold the bed of Shlomoh etc., because of dread in the nights” — is juxtaposed to the verse: “His palanquin etc., its chariot of purple, its interior paved with love” etc. (Song of Songs 3:9–10) — which is the aspect of the bond of the Merkavah [Chariot], which is the essential rectification of the bris, the rectification of judgment. Therefore they are juxtaposed to one another; see the aforementioned teaching and you will understand. And the essential prolonging of the exile is through the blemish of judgment, through which the blemish of the bris is drawn down even more — and this is exceedingly difficult to rectify, as is explained in the aforementioned teaching. And as it is written: “Those who turn justice to wormwood” (Amos 5:7). And it is written: “Her heads judge for bribes” etc. (Michah 3:11). And likewise in many verses. And this is what our Sages, of blessed memory, said (Eichah Rabbah, P’sichta 4): Moshe said “Aichah [how] shall I bear alone” etc. (Deuteronomy 1:12); Yeshayah said “Aichah has she become a harlot” etc. (Isaiah 1:21); and Yirmiyah said “Aichah she sits” etc. (Lamentations 1:1). For Moshe said “Aichah shall I bear alone your trouble” etc. regarding the rectification of judgment — for even upon him this matter was exceedingly difficult and weighty, to clarify the judgment. Regarding this he said: “Aichah shall I bear alone your trouble and your burden and your strife? Provide for yourselves men” etc. (Deuteronomy 1:12–13). All of this speaks regarding the rectification of judgment. For Moshe saw how exceedingly difficult and weighty the rectification of judgment is; therefore he said that even he cannot clarify it by himself, and regarding this he said: “Aichah shall I bear alone” etc., as above — for it is exceedingly difficult to judge alone, as above. And afterward, in the generation of Yeshayah, the judgment was corrupted greatly, and regarding this he cried out: “Aichah has she become a harlot, the faithful city, she who was filled with justice” etc. (Isaiah 1:21). For the essential corruption — that she became a harlot, the aspect of the blemish of the bris — is through the corruption of justice. Through the fact that at first “she was filled with justice” etc., and now “murderers” (Isaiah 1:21) — that is, the corruption of judgment. For this depends upon that, as above. And through this the Sitra Achara became overpowering until the Bais HaMikdash [Holy Temple] was destroyed. And regarding this Yirmiyah cried out: “Aichah she sits” etc. For the essential destruction came through the blemish of judgment, which is the blemish of the bris, which is exceedingly difficult to rectify, as above. And the essential rectification is completed only through Moshiach, of whom it is said: “And he shall judge the poor with righteousness etc., he shall judge the destitute of the people” etc. (Isaiah 11:4). And likewise in many verses that speak of the essential rectification of judgment that will come through Moshiach. And then it will be fulfilled: “Tziyon shall be redeemed through justice” (Isaiah 1:27). For the essential g’ulah [redemption] will be through the rectification of judgment, through which comes the essential rectification of the bris, as above. This short halachah, consisting of five osiyos, develops a single powerful theme from Likutay Moharan II:5: the blemish of judgment (p’gam hamishpat) and the blemish of the covenant (p’gam habris) are deeply interdependent. When unfit judges pervert justice, or when people rob and defraud one another, the spiritual result is a corruption of the covenant — and vice versa. This mutual entanglement is what made the rectification of the Generation of the Flood impossible (their decree was sealed on account of robbery, though their sin was primarily sexual), what kept Yisroel in Egypt (Moshe saw the quarreling and understood why the exile persisted), and what eventually led to the destruction of the Bais HaMikdash (Yeshayah cried out: “How has she become a harlot, the faithful city that was full of justice!”). Three judges are necessary because the task of clarifying judgment requires two opposing movements simultaneously: drawing near (elevating the sparks) and pushing away (rejecting the impure influence of Eisav and Yishmael). One judge inclines right, one inclines left, and the third adjudicates — corresponding to Yaakov and the three Avos. The ultimate rectification awaits Moshiach, of whom it is said: “He shall judge the poor with righteousness” — and then “Tziyon shall be redeemed through justice.” Based on Likutay Moharan II, Siman 5