דיינים א

Rabbi Yisrael Dov Odeser o.b.m.

For the da'yonim [judges] are in the aspect of Malchus [Kingship], for they rule, they summon, they compel to judgment, and they issue the verdict and the law — in the manner of a king, in the aspect of dina d’malchusa dina [the law of the kingdom is the law]. And so too wrote Rabbainu, nairoa ya’ir [may his light shine], that through mishpat [justice/judgment], Malchus ascends. And therefore the judges must be “haters of monetary gain” (Exodus 18:21), for the rectification of Malchus is through [one who is a] hater of monetary gain, as Rabbainu, nairoa ya’ir, wrote in the aforementioned teaching.

And this is the aspect of “And a bribe you shall not take, for a bribe blinds the eyes of the wise” (Exodus 23:8) — that is to say, through the blemish of bribery, which is the love of money, through this Malchus is blemished, which is the aspect of the bas ayin [pupil of the eye], and it is the aspect of Chochma Tata’a [Lower Wisdom], see there. And this is [the precision of] “blinds the eyes of the wise” — specifically. And therefore the judges are three, for the ascent of Malchus to the Ohr HaPonim [Light of the Countenance/Face], from where it [Malchus] draws its vitality, is through the Sholosh Regolim [Three Pilgrimage Festivals], as explained there. And this is the aspect of three judges corresponding to the three festivals, through which the aforementioned Malchus ascends. For the talmidai chachomim [Torah scholars] are in the aspect of Yom Tov [a festival day], for the sanctity of Yom Tov depends upon them, as Rabbainu, nairoa ya’ir, wrote in Siman 135. For the three judges who issue the verdict of law are in the aspect of “the halacha follows the majority” (as brought in the Tikkunim): “There is no ‘majority’ less than three, for they are from the side of the Patriarchs, and regarding them it was said: the halacha follows the majority.” And the three festivals are in the aspect of the three Avos [Patriarchs], as is brought. It emerges that the judges are in the aspect of the Patriarchs, the aspect of the three festivals. And therefore they [the judges] are warned exceedingly regarding n’si’as ponim [showing favoritism] in judgment, so as not to blemish the Ohr HaPonim [Light of the Countenance], for they need to elevate Malchus to the Ohr HaPonim from where it draws its vitality, as written there, as above. And this is the aspect of “Be deliberate in judgment” (Avos 1:1). And the explanation is: that is, if a case comes before him two or three times, he should not say [“I already ruled on this”] etc., rather, he must investigate the law thoroughly each time. For the ascent of Malchus is to the Saichel [Intellect], which is the aspect of the Ohr HaPonim, for it [Malchus] is the aspect of Chochma Tata’a [Lower Wisdom] in which the Supernal Intellect was contracted, as explained there. For the judges need to raise up Malchus from its fall. For those who have a dispute between them — this is the aspect of the fall of Malchus that has fallen among them. For it is the statute of Kingship that people conduct themselves with integrity, and that no one commit an injustice against his fellow, but rather that there be peace and tranquility between them, as they said: “Pray for the welfare of the kingdom, for were it not for the awe of it, a man would swallow his fellow alive” (Avos 3:2). And as was brought above, that the rectification of Malchus is in the aspect of peace. And these litigants who did not conduct themselves with integrity according to the statute of Kingship, until a quarrel and judgment arose between them — it emerges that Malchus has fallen among them. And therefore their obligation is to approach the judgment before the judges, and they [the judges] elevate the blemish of Malchus from among them, and make peace, and issue the verdict, as above. And therefore they need each time to investigate the law with their intellect, in order to elevate Malchus — for the essence of its ascent is to the Intellect, as above, from where it draws its vitality, as above. And this is [the meaning of] “Justice, justice shall you pursue, so that you may live” (Deuteronomy 16:20) — “so that you may live,” specifically. For through the proper bais din [court of law] that elevates Malchus to the Ohr HaPonim from where it receives its vitality, as above — through this, vitality is drawn down below as well, for all of them receive vitality through it [Malchus]. And this is what our Sages, of blessed memory, said: “From the court, [even if they] took his cloak, he sings and goes on his way” (Sanhedrin 7a). For it is brought there in the aforementioned teaching, at its conclusion, that the rectification of the kol [voice] is through the aspect of the rectification of Malchus, see there. And therefore, after he has accepted the judgment — at that point the aspect of Malchus has been rectified for him, which was previously blemished for him, as above. And therefore “he sings and goes on his way” etc., for the aspect of the voice has been rectified, which is the aspect of Malchus, as above. This teaching connects the laws of the three-judge court to the Kabbalistic structure of Malchus (Kingship/Sovereignty). The judges correspond to the three Pilgrimage Festivals (Sholosh Regolim), which in turn correspond to the three Patriarchs. Their role is to elevate Malchus — which has "fallen" when people dispute — back up to the Ohr HaPonim (Light of the Countenance), the Supernal Intellect, from which Malchus draws its vitality. Key points: (a) Judges are in the aspect of Kingship because they rule and enforce law. (b) Through proper justice, Malchus ascends. (c) Bribery blemishes Malchus, which is identified with Chochma Tata’a (Lower Wisdom) and the "pupil of the eye" — hence, a bribe literally "blinds." (d) The three judges correspond to the three festivals, the three Patriarchs, and the principle of "the halacha follows the majority." (e) Dispute between people is itself a fall of Malchus, and the court process repairs it. (f) "Justice, justice shall you pursue so that you may live" — the vitality drawn down through proper judgment sustains all. (g) One who accepts the court's verdict, even losing his cloak, "sings on his way" — because the voice (kol), which is an aspect of Malchus, has been rectified. — Translator’s summary for ajew.org