For the judges are in the aspect of kingship, for they rule, demand, enforce judgment, and issue rulings and justice, in the manner of a king—this is the aspect of “the law of the kingdom is law” (dina d’malkhuta dina). And thus our teacher, may his light shine, wrote that through justice, kingship is elevated. Therefore, judges must be haters of bribes, because the rectification of kingship comes through those who hate bribes, as our teacher, may his light shine, wrote in the aforementioned discourse. This is the meaning of “You shall not take a bribe, for the bribe blinds the eyes of the wise”—namely, that through the blemish of bribery, which is love of money, the kingship is damaged. This kingship is in the aspect of the “apple of the eye”, which corresponds to the lower wisdom (chochmah tata’ah)—see there.
4
And this is the precise meaning of “blinds the eyes of the wise.” Therefore, there are three judges, because the elevation of kingship to the Light of the Face—from which it receives its vitality—is through the three pilgrimage festivals (shlosha regalim), as explained there. This corresponds to the three judges, representing the three pilgrimage festivals, through which the kingship is elevated. For the Torah scholars (talmidei chachamim) are in the aspect of Yom Tov (a festival), because the sanctity of the festival depends on them, as our teacher, may his light shine, wrote in section 135.
5
The three judges who issue rulings are in the aspect of “the law follows the majority” (halachah k’rabim), as it says in the Zoharic writings: there is no “majority” less than three, and these are from the aspect of the Patriarchs (avot), of whom it was said, “The law follows the majority.” And the three pilgrimage festivals correspond to the three Patriarchs, as brought elsewhere. Thus, the judges are in the aspect of the Patriarchs, the aspect of the three pilgrimage festivals.
6
Therefore, judges are particularly warned against favoritism in judgment, so that they do not blemish the Light of the Face. They must elevate kingship to the Light of the Face, from which it receives its vitality, as written there. This is the meaning of “Be deliberate in judgment.” The explanation is: if a case comes before him once, twice, or even three times, he should not say, “I already know this,” but must investigate the case carefully each time. For the elevation of kingship to the intellect—which is the Light of the Face—relates to the lower wisdom, in which the higher intellect is condensed, as explained there.
7
Judges must elevate the fallen kingship, for those who are in dispute embody a fallen kingship, which has collapsed between them. For it is a law of kingship that people conduct themselves with honesty and not commit any wrongdoing against one another, but that peace and tranquility exist between them. As the Sages said, “Pray for the peace of the government, for if not for fear of it, a person would swallow his fellow alive.”
8
As mentioned above, the rectification of kingship is through peace. And those who are in legal dispute have not acted honestly according to the laws of kingship, until a conflict and legal case arose between them. Thus, the kingship has fallen among them, and therefore it is their obligation to approach judgment before judges, who rectify the blemish in kingship among them by making peace and issuing the ruling, as above.
9
Therefore, each time, they must investigate the law with their intellect in order to elevate the kingship, whose primary elevation is to the intellect—from which it receives its vitality, as explained. This is the meaning of “Justice, justice shall you pursue, so that you may live”—precisely so. Because through a proper court of law, which elevates kingship to the Light of the Face from which it receives vitality, life is drawn downward, for all receive vitality through it.
10
And this is what our Sages, of blessed memory, said: “From the court he takes his cloak, sings, and walks on his way.” For it is taught in the end of the aforementioned discourse that the rectification of voice is through the rectification of kingship—see there. Therefore, after he accepts the judgment, the kingship is rectified within him, which was previously blemished, as above. And thus, “he sings and walks on his way,” because the voice, which is the aspect of kingship, has been rectified, as above.
דִּינֵי מָמוֹנוֹת בִּשְׁלֹשָׁה:
Monetary cases are judged by three (judges):
עַל פִּי הַמַּאֲמָר הַמַּתְחִיל, "מֵשְׁרָא דְּסַכִּינָא בְּמַאי חָתְכֵי לֵיהּ וְכוּ'", עַיֵּן שָׁם לִקּוּטֵי א, סִימָן ל:
כִּי הַדַּיָּנִים הֵם בִּבְחִינַת מַלְכוּת, כִּי הֵם מוֹשְׁלִין וְתוֹבְעִין וְכוֹפִין לְדִין וּפוֹסְקִין הַדִּין וְהַמִּשְׁפָּט כְּדֶרֶךְ הַמֶּלֶךְ בִּבְחִינַת דִּינָא דְּמַלְכוּתָא דִּינָא. וְכֵן כָּתַב רַבֵּנוּ, נֵרוֹ יָאִיר, שֶׁעַל יְדֵי הַמִּשְׁפָּט עוֹלָה הַמַּלְכוּת, וְעַל כֵּן צְרִיכִין הַדַּיָּנִים לִהְיוֹת שֹוֹנְאֵי בֶּצַע, כִּי תִּקּוּן הַמַּלְכוּת הוּא עַל יְדֵי שֹוֹנֵא בֶּצַע, כְּמוֹ שֶׁכָּתַב רַבֵּנוּ נֵרוֹ יָאִיר, בַּמַּאֲמָר הַנַּ"ל. וְזֶה בְּחִינַת וְשֹׁחַד לֹא תִקָּח כִּי הַשֹּׁחַד יְעַוֵּר עֵינֵי חֲכָמִים, הַיְנוּ עַל יְדֵי פְּגַם הַשֹּׁחַד שֶׁהִיא אַהֲבַת מָמוֹן, עַל יְדֵי זֶה נִפְגָּם הַמַּלְכוּת, שֶׁהוּא בְּחִינַת בַּת עַיִן וְהִיא בְּחִינַת חָכְמָה תַּתָּאָה, עַיֵּן שָׁם. וְזֶהוּ 'יְעַוֵּר עֵינֵי חֲכָמִים' דַּיְקָא. וְעַל כֵּן הַדַּיָּנִים הֵם שְׁלֹשָׁה, כִּי עֲלִיַּת הַמַּלְכוּת אֶל אוֹר הַפָּנִים שֶׁמִּשָּׁם חִיּוּתָהּ הוּא בְּשָׁלֹשׁ רְגָלִים, כְּמוֹ שֶׁמְּבֹאָר שָׁם. וְזֶה בְּחִינַת שְׁלֹשָׁה דַּיָּנִים כְּנֶגֶד שְׁלֹשָׁה רְגָלִים שֶׁעַל יָדָם עוֹלָה הַמַּלְכוּת הַנַּ"ל, כִּי הַתַּלְמִידֵי חֲכָמִים הֵם בְּחִינַת יוֹם טוֹב, כִּי קְדֻשַּׁת יוֹם טוֹב תָּלוּי בָּהֶם, כְּמוֹ שֶׁכָּתַב רַבֵּנוּ, נֵרוֹ יָאִיר, סִימָן קלה, כִּי הַשְּׁלֹשָׁה דַּיָּנִים הַפּוֹסְקִין הַפְּסַק דִּין הֵם בִּבְחִינַת הֲלָכָה כְּרַבִּים, (כִּדְאִיתָא בַּתִּקּוּנִים) דְּלֵית רַבִּים פָּחוֹת מִתְּלָת, דְּאִנּוּן מִסִּטְרָא דַּאֲבָהָן, דְּעָלַיְהוּ אִתְּמַר, הֲלָכָה כְּרַבִּים. וְהַשָּׁלֹשׁ רְגָלִים הֵם בִּבְחִינַת שְׁלֹשָׁה אָבוֹת, כַּמּוּבָא. נִמְצָא שֶׁהַדַּיָּנִין הֵם בִּבְחִינַת אֲבָהָן, בְּחִינַת שָׁלֹשׁ רְגָלִים. וְעַל כֵּן מֻזְהָרִין בְּיוֹתֵר עַל נְשִֹיאַת פָּנִים בַּדִּין כְּדֵי שֶׁלֹּא לִפְגֹּם בְּאוֹר הַפָּנִים, כִּי הֵם צְרִיכִין לְהַעֲלוֹת הַמַּלְכוּת אֶל אוֹר הַפָּנִים שֶׁמִּשָּׁם חִיּוּתָהּ, כְּמוֹ שֶׁכָּתוּב שָׁם כַּנַּ"ל. וְזֶה בְּחִינַת הֱווּ מְתוּנִים בַּדִּין. וּפֵרוּשׁ דְּהַיְנוּ שֶׁאִם יָבוֹא לְפָנָיו דִּין אֶחָד שְׁתֵּי פְּעָמִים אוֹ שָׁלֹשׁ פְּעָמִים אַל יֹאמַר וְכוּ', אֶלָּא צָרִיךְ בְּכָל פַּעַם לַחֲקֹר הַדִּין הֵיטֵב, כִּי עֲלִיַּת הַמַּלְכוּת אֶל הַשֵּכֶל שֶׁהוּא בְּחִינַת אוֹר הַפָּנִים, כִּי הִיא בְּחִינַת חָכְמָה תַּתָּאָה שֶׁנִּתְצַמְצֵם בָּהּ הַשֵּכֶל הָעֶלְיוֹן, כְּמוֹ שֶׁמְּבֹאָר שָׁם, כִּי הַדַּיָּנִים צְרִיכִין לַעֲלוֹת הַמַּלְכוּת מִנְּפִילָתָהּ, כִּי אֵלּוּ שֶׁיֵּשׁ בֵּינֵיהֶם הָרִיב הוּא בְּחִינַת נְפִילַת הַמַּלְכוּת שֶׁנָּפַל אֶצְלָם, כִּי מֵחֹק הַמַּלְכוּת שֶׁיִּתְנַהֲגוּ בְּנֵי אָדָם בְּיֹשֶׁר וְלֹא יַעֲשֶֹה שׁוּם אֶחָד עַוְלָה נֶגֶד חֲבֵרוֹ, רַק שֶׁיִּהְיֶה בֵּינֵיהֶם שָׁלוֹם וְשַׁלְוָה, כְּמוֹ שֶׁאָמְרוּ, הֱוֵי מִתְפַּלֵּל בִּשְׁלוֹמָהּ שֶׁל מַלְכוּת, שֶׁאִלְמָלֵא מוֹרָאָהּ אִישׁ אֶת רֵעֵהוּ חַיִּים בְּלָעוֹ. וְכַמּוּבָא לְעֵיל שֶׁהַמַּלְכוּת תִּקּוּנָהּ בִּבְחִינַת שָׁלוֹם. וְאֵלּוּ הַבַּעֲלֵי דִּינִים שֶׁלֹּא הִתְנַהֲגוּ בְּיֹשֶׁר בְּחֹק הַמַּלְכוּת עַד שֶׁנַּעֲשָֹה רִיב וְדִין בֵּינֵיהֶם. נִמְצָא, שֶׁהַמַּלְכוּת נָפַל אֶצְלָם, וְעַל כֵּן מִצְוָתָם שֶׁיִּגְּשׁוּ אֶל הַמִּשְׁפָּט לִפְנֵי הַדַּיָּנִים וְהֵם מַעֲלִין פְּגַם הַמַּלְכוּת מִבֵּינֵיהֶם וְעוֹשִֹין שָׁלוֹם וּפוֹסְקִין הַדִּין וְכַנַּ"ל. וְעַל כֵּן צְרִיכִין בְּכָל פַּעַם לַחֲקֹר הַדִּין בְּשִֹכְלָם, כְּדֵי לְהַעֲלוֹת הַמַּלְכוּת, שֶׁעִקַּר עֲלִיָּתָהּ אֶל הַשֵּכֶל כַּנַּ"ל שֶׁמִּשָּׁם חִיּוּתָהּ כַּנַּ"ל. וְזֶה "צֶדֶק צֶדֶק תִּרְדֹּף לְמַעַן תִּחְיֶה" דַּיְקָא. כִּי עַל יְדֵי הַבֵּית דִּין יָפֶה שֶׁהֵם מַעֲלִין הַמַּלְכוּת אֶל אוֹר הַפָּנִים שֶׁמִּשָּׁם מְקַבֶּלֶת חִיּוּתָהּ כַּנַּ"ל, עַל יְדֵי זֶה נִמְשָׁךְ חִיּוּת גַּם לְמַטָּה, כִּי כֻּלָּם מְקַבְּלִים חִיּוּת עַל יָדָהּ. וְזֶה שֶׁאָמְרוּ רַבּוֹתֵינוּ זִכְרוֹנָם לִבְרָכָה , מִבֵּי דִּינָא שָׁקַל גְּלִימָא זְמָרָא וְאָזֵיל בְּאוֹרְחָא, כִּי אִיתָא שָׁם בַּמַּאֲמָר הַנַּ"ל בְּסוֹפוֹ שֶׁתִּקּוּן הַקּוֹל הוּא עַל יְדֵי בְּחִינַת תִּקּוּן הַמַּלְכוּת, עַיֵּן שָׁם. וְעַל כֵּן אַחַר שֶׁקִּבֵּל אֶת הַדִּין שֶׁאֲזַי נִתְקָן אֶצְלוֹ בְּחִינַת הַמַּלְכוּת שֶׁבִּתְחִלָּה נִפְגֶּמֶת אֶצְלוֹ כַּנַּ"ל. וְעַל כֵּן זְמָרָא וְאָזֵיל וְכוּ', כִּי נִתְקָן בְּחִינַת הַקּוֹל שֶׁהוּא בְּחִינַת הַמַּלְכוּת כַּנַּ"ל:
For the judges are in the aspect of kingship, for they rule, demand, enforce judgment, and issue rulings and justice, in the manner of a king—this is the aspect of “the law of the kingdom is law” (dina d’malkhuta dina). And thus our teacher, may his light shine, wrote that through justice, kingship is elevated. Therefore, judges must be haters of bribes, because the rectification of kingship comes through those who hate bribes, as our teacher, may his light shine, wrote in the aforementioned discourse. This is the meaning of “You shall not take a bribe, for the bribe blinds the eyes of the wise”—namely, that through the blemish of bribery, which is love of money, the kingship is damaged. This kingship is in the aspect of the “apple of the eye”, which corresponds to the lower wisdom (chochmah tata’ah)—see there.
And this is the precise meaning of “blinds the eyes of the wise.” Therefore, there are three judges, because the elevation of kingship to the Light of the Face—from which it receives its vitality—is through the three pilgrimage festivals (shlosha regalim), as explained there. This corresponds to the three judges, representing the three pilgrimage festivals, through which the kingship is elevated. For the Torah scholars (talmidei chachamim) are in the aspect of Yom Tov (a festival), because the sanctity of the festival depends on them, as our teacher, may his light shine, wrote in section 135.
The three judges who issue rulings are in the aspect of “the law follows the majority” (halachah k’rabim), as it says in the Zoharic writings: there is no “majority” less than three, and these are from the aspect of the Patriarchs (avot), of whom it was said, “The law follows the majority.” And the three pilgrimage festivals correspond to the three Patriarchs, as brought elsewhere. Thus, the judges are in the aspect of the Patriarchs, the aspect of the three pilgrimage festivals.
Therefore, judges are particularly warned against favoritism in judgment, so that they do not blemish the Light of the Face. They must elevate kingship to the Light of the Face, from which it receives its vitality, as written there. This is the meaning of “Be deliberate in judgment.” The explanation is: if a case comes before him once, twice, or even three times, he should not say, “I already know this,” but must investigate the case carefully each time. For the elevation of kingship to the intellect—which is the Light of the Face—relates to the lower wisdom, in which the higher intellect is condensed, as explained there.
Judges must elevate the fallen kingship, for those who are in dispute embody a fallen kingship, which has collapsed between them. For it is a law of kingship that people conduct themselves with honesty and not commit any wrongdoing against one another, but that peace and tranquility exist between them. As the Sages said, “Pray for the peace of the government, for if not for fear of it, a person would swallow his fellow alive.”
As mentioned above, the rectification of kingship is through peace. And those who are in legal dispute have not acted honestly according to the laws of kingship, until a conflict and legal case arose between them. Thus, the kingship has fallen among them, and therefore it is their obligation to approach judgment before judges, who rectify the blemish in kingship among them by making peace and issuing the ruling, as above.
Therefore, each time, they must investigate the law with their intellect in order to elevate the kingship, whose primary elevation is to the intellect—from which it receives its vitality, as explained. This is the meaning of “Justice, justice shall you pursue, so that you may live”—precisely so. Because through a proper court of law, which elevates kingship to the Light of the Face from which it receives vitality, life is drawn downward, for all receive vitality through it.
And this is what our Sages, of blessed memory, said: “From the court he takes his cloak, sings, and walks on his way.” For it is taught in the end of the aforementioned discourse that the rectification of voice is through the rectification of kingship—see there. Therefore, after he accepts the judgment, the kingship is rectified within him, which was previously blemished, as above. And thus, “he sings and walks on his way,” because the voice, which is the aspect of kingship, has been rectified, as above.