דיינים ב

And this is why the Omer permits the new crop. For then one merits to eat bread in the aspect of man (manna), the aspect of bread from heaven — which one merits through the revelation of daas, through the revelation of the concealment, through the subjugation of the kingdom of Haman-Amalek — and this is accomplished through the rectification of the Omer of barley, which is the aspect of the totality of the Torah, the aspect of the Sh'ma d'Kudsha B'rich Hu, as mentioned above. (See all this in the discourse "Uv'yom habikurim" mentioned above.) 62

The matter of da’yonim [judges] according to what Rabbainu, zecher tzadik livrachah [may the memory of the righteous be for a blessing], wrote in the teaching that begins “T’homos y’chasyumu” in Siman 9, Likutay [Moharan] I, on the verse, “A tzohar [light/window] you shall make for the taivah [ark], and to a cubit you shall finish it from above etc.” (Genesis 6:16): And the general principle that emerges from there [is] that when a person stands to pray, and then the darkness and the k’lipos [husks/shells of impurity] surround him and confuse him, then the essential counsel and remedy for this is to see to it that he speaks a dibbur emes [a word/utterance of truth]. And the truth is the light of Hashem Yisborach Himself, kivyachol [as it were]. And through this, Hashem Yisborach Himself, Who is the very essence of truth, kivyachol, illuminates for him. And then he sees the openings — how to exit from the darkness that surrounds him, etc. See there this matter well, for it is a very great principle in the service of the Creator Yisborach, in every place that one may be, as is explained there in the words of Rabbainu further on in another place, Siman 112, regarding this matter well. And t’fillah [prayer] is in the aspect of emunah [faith] etc., see there.

And behold, these two litigants who come to judgment and contradict one another — and one of them is certainly claiming falsely — this is the aspect of a blemish of emunah [faith]. For he should have conducted his business dealings with emunah [faithfulness/integrity], as they said (Shabbos 31a): “Did you conduct your business dealings with faithfulness?” And this one denies his fellow and claims falsely and has no trustworthiness — it emerges that at the time they come to judgment it is the aspect of a blemish of emunah. And it is necessary to rectify and clarify the emunah, and to clarify the truth — with whom [it lies]. However, it is impossible for flesh and blood to know with whom the truth lies, for the falsehood conceals the truth, for it is difficult to discern between the one who claims truth and the one who claims falsely. And what shall the judge do to bring out the judgment to its truth?

For the eating of Yisrael is holy, and in particular the bread — that is, the five species of grain — which are the essential food and satiation and the essential vitality, for in them the daas is enclothed, which is the vitality. Therefore, they are five — the aspect of the Hai of daas — as is brought above in Hilchos N'tilas Yadayim. Therefore, they need rectification — for wherever there is greater vitality and holiness, there is a k'lipah (shell) that precedes the fruit. Therefore, the bread from the five species of grain requires many rectifications, which are the ten mitzvos pertaining to bread. 63

The counsel and remedy for this is the aforementioned matter that was stated regarding t’fillah [prayer], which is also in the aspect of emunah — namely, that the judge must see to it that he speaks a dibbur emes [word of truth]. That is to say, that the judgment which he wishes to render upon the litigants should be in truth, without any inclination to any side, as it is written: “You shall not incline judgment” (Deuteronomy 16:19), and as the Torah and our Sages of blessed memory have warned regarding this many times, for this is the essential thing. And through the judge being exceedingly careful in this, and all his words being only in truth — according to what appears to the eyes of his intellect as the truth, in accordance with the law of our holy Torah, or in accordance with his judgment if he sees that it is a fraudulent case, as is explained in the Shulchan Aruch — then, when all his words are only in truth and he does not incline to any side, then it is fulfilled: “G-d stands in the congregation of the Mighty; in the midst [of the judges He judges]” (Psalms 82:1). For then Hashem Yisborach stands there in the congregation of the upright judges whose words are in truth, for truth is the light of Hashem Yisborach Himself, kivyachol. And the essential longing of Hashem Yisborach is only for the truth.

Therefore, one must rectify the new grain through the Omer. For through the rectification of the Omer of barley as mentioned above, the daas is revealed. And then one merits the aspect of man, the aspect of bread from heaven — that is, the bread and grain of Yisrael becomes in the aspect of man, etc. For the daas and vitality are revealed — for the wicked kingdom is subdued, the k'lipah that precedes the fruit — through the rectification of the Omer of barley, as mentioned above. And then they are fit for the receiving of the Torah — for the Torah was given only to the eaters of the man. Therefore, one must rectify the bread of Yisrael in the aspect of man through the Omer, as mentioned above. And then one merits the receiving of the Torah on Shavuos — for the entire rectification of the Omer and the counting is for the sake of receiving the Torah. For from this itself, the Torah is formed. 64

And then the word of truth, which is the light of Hashem Yisborach, kivyachol, illuminates for the judge. And then he merits to see the truth — with which of the litigants [it lies], and he merits that the judgment becomes clarified for him to its truth. For the word of truth of the judge illuminates and reveals the truth from within the darkness and the falsehood of the opposing party who claims falsely.

And this is the aspect of “one who judges a judgment of truth to its truth” (Shabbos 10a), regarding which the commentators were precise about the word “to its truth” [la’amiso — seemingly redundant after “a judgment of truth”]. But according to the above it is well-precisely fitting. “To its truth,” specifically — for it can certainly be that the judge will judge a judgment of truth according to the Torah based on their claims, and even so he may obligate the one who is actually innocent according to the truth. But in truth, when the judge is exceedingly careful that all his words should be in truth without any inclination, as above, then the truth, which is the light of Hashem Yisborach Himself, kivyachol, illuminates for him. And he merits to see the truth to its truth [la’amiso], for the light is revealed from within the darkness through the word of truth, which is the aspect of the light of Hashem Yisborach Himself, kivyachol, as above. And understand this well. And this is the aspect of “one who judges a judgment of truth to its truth” — “to its truth,” specifically, as above.

That is: as is explained there in the discourse "Uv'yom habikurim" mentioned above — that through revealing the concealment within concealment, through this, exceedingly lofty Torah is revealed, for specifically there, exceedingly lofty Torah was enclothed — the mysteries of the Torah. And this is the aspect of "The wealth he swallowed, he shall vomit up" (Iyov 20:15) — that one extracts from the wicked kingdom — which is the kingdom of Amalek — all the sparks, and from this, Torah is formed, which is the aspect of Aishes Chayil (a Woman of Valor), etc.; see there. 65

And this is what our Sages, of blessed memory, said: “Whoever judges a judgment of truth to its truth becomes as if he became a partner with the Holy One, Blessed is He, in the work of Creation” (Shabbos 10a), as it says: “And it was evening and it was morning, one day” (Genesis 1:5). And there [in the context of Moshe judging] it is written: “And all the people stood over you etc.” (Exodus 18:13–14). For it is brought there in the words of Rabbainu mentioned above, that through the word of truth mentioned above — through which one merits to pray — through this he sustains all the three worlds, which are the olam hashofel [lower world] etc. And therefore the judge who judges a judgment of truth to its truth, as above — which is also the rectification of emunah [faith], which is the aspect of t’fillah [prayer], as above — he too sustains all the three worlds, as above. And therefore he becomes a partner with the Holy One, Blessed is He, in the work of Creation, as above.

And this is the aspect of the Torah that is received on Shavuos, which is the fiftieth day of the Omer. That is: through the Omer and the counting — through which the kingdom of Amalek is subdued as mentioned above — then the Torah that was hidden there in the aspect of concealment within concealment is revealed, and one merits to grasp it on Shavuos. This is the aspect of the Minchah Chadashah — the two loaves of wheat that are offered on Shavuos. Minchah chadashah — this is the aspect of the new Torah that is formed through the revelation of the concealment, etc., as mentioned above. As Rabeinu, may his light shine, explained there, on the verse (Bamidbar 28:26): "And on the day of the first-fruits, when you bring a new meal-offering to Hashem, on your Shavuos"; see there. 66

And this is the aspect of three judges, for the three judges correspond to the aspect of the three lines of truth. For emes [truth] is comprised of three aspects: rosh, soch, sof [beginning, middle, end], as is known — the aspect of Yaakov who is comprised of the three Avos [Patriarchs], who is the aspect of emes [truth], and he is the aspect of mishpat [judgment], as is brought in another place in Siman 2.

And similarly, it is found in the Ra'aya M'heimna that the Omer is the aspect of the revealed Torah, and the two loaves are the aspect of the hidden Torah. That is: the Omer is the aspect of the revealed Torah, through which one reveals the concealment, etc. And then exceedingly lofty Torah is revealed — the mysteries of the Torah — the aspect of Minchah chadashah, the aspect of the Torah that is received on Shavuos, which is the fiftieth day — the aspect of the supernal gate, the gate of Nun (the fiftieth gate), as is explained there. 67

And this is the aspect of three judges, for the essential rectification of judgment depends upon truth — through which the truth is revealed to its truth. That is, they merit — through their words being in truth — that it becomes revealed who claims truth and who claims falsely, for the truth illuminates etc., as above. Also, the three judges who correspond to the three lines of truth hint that they sustain the three worlds that are explained in the aforementioned teaching, whose essential sustenance is through the rectification of emunah, the aspect of t’fillah, which is accomplished through truth. And this is also the aspect of “a judgment of truth to its truth,” which is also the aspect of the rectification of emunah, as above.

Therefore, the war with Amalek was before the Giving of the Torah. And likewise, Parshas Amalek is juxtaposed to Parshas Yisro, which is the receiving of the Torah. For the essential Torah is revealed through the downfall of Amalek, as mentioned above. 68

And this is what is written: “And a bribe you shall not take, for the bribe will blind etc.” (Exodus 23:8) — “will blind,” specifically. For the essential rectification of judgment is that the truth illuminates for him and he sees how to reveal the truth from within the darkness. But when he takes a bribe, it emerges that he has no truth. And even if he does not wish to incline the judgment, nevertheless, since he accepted a bribe, in any case he has no truth. And since he has no truth, then he remains blind, as is explained there in the words of Rabbainu mentioned above, for it is impossible to see except through the truth, which is the aspect of light, as above.

And this is the aspect of the seven weeks that we count. For there are two concealments — concealment and concealment within concealment — as is explained there. And they correspond to two aspects of Torah: the revealed and the hidden — razin and razin d'razin (secrets and secrets of secrets). For within the concealment within concealment, specifically the mysteries of the Torah are enclothed, as mentioned above. Therefore, one must rectify and reveal both concealments, to reveal both aspects of the Torah. And their rectification is through the rectification of the days and attributes as mentioned above, which are seven days, as is known. And it is known that there are seven supernal days, which are the seven Shabbasos, as is found in the Holy Zohar — and they are in Binah (Understanding), which is the aspect of the mysteries of the Torah, which is the aspect of Shavuos — the fiftieth day, the aspect of the fifty gates of Binah. Therefore, one must count seven Shabbasos to rectify the seven supernal days, to reveal the concealment within concealment — through which one merits the mysteries of the Torah, the aspect of the fifty gates of Binah, the aspect of Shavuos, the aspect of man, as mentioned above and as is explained there; see the entire discourse "Uv'yom habikurim" well. 69

And therefore our Sages, of blessed memory, said: “One does not judge at night, only during the day” (Sanhedrin 34b). For day and night are the aspects of emes [truth] and emunah [faith], as is known. And the essential hold of the sheker [falsehood] and the Sitra Achara [the Other Side / forces of impurity] is in the aspect of night, which is the aspect of emunah. And therefore at night the emunah is in a state of smallness, and it grows in the light of day, in the aspect of “They are new every morning; great is Your faithfulness” (Lamentations 3:23), as is brought in another place (Siman 35). For the essential rectification of emunah is through emes [truth], as Rabbainu wrote in the aforementioned teaching: “Tzedek [righteousness/justice], when it is joined with emes [truth], becomes emunah [faith].” See there. And therefore judgment [takes place] during the day, which is the aspect of emes [truth], through which one elevates and rectifies emunah, as above. And then a unification of emes and emunah is made — which are the aspects of evening and morning, the aspect of “And it was evening and it was morning, one day” (Genesis 1:5). And this is accomplished through a judgment of truth, regarding which it is also said: “And all the people stood over you from evening until morning” (Exodus 18:13–14), as above. For the essence of judgment and the court is to rectify the fallen emunah that was blemished among these litigants, for one of them certainly does not conduct his business dealings with faithfulness. And through the judgment of truth, one elevates and rectifies emunah, as above, in the aspect of “Tzedek, when it is joined with emes, becomes emunah.” And a unification of truth and faith, evening and morning, is made, as above. And therefore the essential judgment is during the day, as it is written: “And render justice in the morning” (Jeremiah 21:12), for then the truth illuminates, through which the emunah is rectified and grows, in the aspect of “They are new every morning; great is Your faithfulness”. And this is the aspect of “And they shall judge the people with righteous judgment” (Deuteronomy 16:18) — this is the aspect of “Tzedek, when it is joined with emes etc.,” for mishpat [judgment] is the aspect of emes [truth], as it is written: “The judgments of Hashem are truth” (Psalms 19:10), as is brought in the words of Rabbainu, of blessed memory. And this is [the meaning of] “righteous judgment” [mishpat tzedek] — the aspect of “Tzedek, when it is joined with emes, becomes emunah,” for this is the essential [purpose of the] sitting of the judges — to rectify the emunah through the truth, that tzedek and mishpat, truth and faith, should be joined together, as above. And this is the aspect of why the upright judge is called “Elokim” [lit. G-d / judges], as it is written many times in the Torah: “To the Elokim the matter of both of them shall come” (Exodus 22:8), and the like in many places. For the judge who judges a judgment of truth, and all his words are in truth — the light of Hashem Yisborach Himself, kivyachol, becomes clothed within him, as above, and as is well-explained in the aforementioned teaching. And therefore the judge himself is called “Elokim,” for the light of Hashem Yisborach became clothed within him, kivyachol, through the truth, which is His light Yisborach Himself, kivyachol, as above. And therefore the essential judges from the Torah are only s’muchin [ordained judges, holding an unbroken chain of ordination] in Eretz Yisroel [the Land of Israel]. For Eretz Yisroel is the aspect of emunah, as is explained in the aforementioned teaching. And the essential [purpose of] the judges is for the rectification of emunah, as above. And this is the aspect of: “A court does not concern itself [with a dispute] for less than the value of a p’rutah [the smallest coin]” (Sanhedrin 8a). P’rutah alludes to emunah, the aspect of t’fillah [prayer], as is explained in the aforementioned teaching regarding the saying of our Sages, of blessed memory: “Uf’ritah sif’vasayh” [“and her lips move/separate” — said of Channah’s prayer]. And therefore p’rutah is the minimum measure of money in every context, for the essential emunah depends upon money, as it is written: “And faithfulness exceedingly” [v’emunah m’od] (Psalms 119:138) — “m’od” [exceedingly] refers to money, as Rabbainu of blessed memory wrote in another place, Siman 23. And therefore, when the money has the value of a p’rutah, then it has a hold in the aspect of emunah, the aspect of t’fillah, which is also the aspect of uf’ritah sif’vasayh, as above. And then it is money of significance for all matters. And one who robs his fellow of such money, or denies [owing] his fellow such money — that is, the measure of a p’rutah — then he blemishes the emunah. And then the court must concern itself with this case in order to rectify and elevate the emunah, as above. Blessed is Hashem forever, omain. This teaching develops the parallel between the role of the judge and the dynamics of prayer, both grounded in the concept of dibbur emes — speaking truth. Just as one who prays must speak truth so that G-d’s light illuminates and reveals the way through the darkness of confusion, so too the judge must ensure that every word of his ruling is spoken in truth, without any inclination — and thereby the light of Hashem (which is truth) enters the courtroom and reveals who is actually telling the truth. The central Zoharic formula — “Tzedek, when joined with emes, becomes emunah” — is applied throughout: the judge’s truthful speech (emes) rectifies the fallen faith (emunah/tzedek) that was blemished by the dishonest litigant. This is why judgment occurs during the day (the aspect of truth), why the judge is called “Elokim” (G-d’s light is clothed within him), why true judges must be ordained in Eretz Yisroel (the land = emunah), and why even the smallest monetary unit — the p’rutah — is significant enough to warrant judicial attention, since it alludes to the whispered prayer of the lips (the gateway of emunah). — Translator’s summary for ajew.org