MG Softim

It is a positive Scriptural commandment to appoint judges and enforcement officers in every city and in every region, as Deuteronomy 16:18 states: "Appoint judges and enforcement officers in all your gates."
"Judges" refers to magistrates whose attendance is fixed in court, before whom the litigants appear. "Enforcement officers" refers to those equipped with a billet and a lash who stand before the judges and patrol the market places and the streets to inspect the stores and to regulate the prices and the measures. They inflict corporal punishment on all offenders. Their deeds are controlled entirely by the judges.
Whenever a person is seen perpetrating injustice, they should bring his to the court, where he will be judged according to his wickedness.

One should not hold a common conversation at the time when the prayer leader is repeating the [Amidah] prayer. And if [a person] converses [on common matters], [that person] sins, and [that person]'s transgression is too great to bear, and we rebuke [that person]. Gloss: And one should teach one's young children that they should answer "amen", because immediately when a child answers "amen", [the child] earns a portion in the World to Come. (Kol Bo)

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THROUGHOUT THY TRIBES. “This refers to the expression [at the beginning of the verse] shalt thou make thee. This teaches that courts are to be set up in each and every tribe, and in each and every city.” This is Rashi’s language, and so it is also stated in Tractate Sanhedrin. But I know not the meaning of this text, for, since we have appointed courts in each and every city, there are many courts in every tribe [thus making it redundant to specify “throughout thy tribes”]! Perhaps the intent of the verse is to state that if there is a city belonging to two tribes, such as Jerusalem in which there is a share for [the tribe of] Judah and [for the tribe of] Benjamin, that we are to seat two courts therein. And so the Rabbis concluded in Chapter Cheilek that they may divide one city among two tribes, and so, indeed, was Jerusalem shared by Judah and Benjamin.
And it is possible to explain that Scripture obligated [the nation] to appoint a court [exercising authority] over the whole tribe and it is to judge all [its people], and then we are to appoint a court for each and every city that is to judge that [particular] city. Now, although all these courts were alike in number of judges, consisting of twenty-three in criminal cases and three in civil cases, [people] most superior in wisdom among them were appointed over the whole tribe, while those inferior to them [were designated for the courts] of each and every city. Parties to a suit could force one another to adjudicate only before the court in their city, not before the court of another city. Even if both parties happened to be in another city one could still say, “Let us go before the court of our own city.” But the [supreme] court of the tribe could force any of the people of that tribe to stand trial before it. And even if the litigants are in their own city one can still say, “I want to go to the Great Court of the tribe.” Similarly, if the courts of the cities are in doubt [concerning the law], they are to come before the Great Court of the tribe and request [its decision]. Thus just as a Great Sanhedrin [of seventy-one judges] was appointed over all courts of all Israel, so one [supreme] court was to be appointed over each and every tribe. And if [the judges of that court] found it necessary to ordain or decree any matter for their own tribe, they were empowered to so decree and ordain and, to that tribe, their word was equivalent to the decree of the Great Sanhedrin over all Israel. This is “the court” mentioned in Tractate Horayoth wherein we are taught, “If the court of one of the tribes rendered a decision [that was unwittingly contrary to a negative commandment, punishable by excision] and that tribe acted according to their word, that tribe is obligated [to bring the prescribed offering], but the rest of the tribes are not liable.”
And by way of the plain meaning of Scripture the sense of the verse is [to be inverted as follows]: “Judges and officers shalt thou make thee throughout all thy tribes in all thy gates,” the verse stating that they are to appoint judges over their tribes, and they are to judge in all their gates. Thus the judges of the tribe are to judge in all its cities.

שופטים ושוטרים, "Judges and law enforcers, etc." The Torah positions this commandment adjacent to the commandment to make a pilgrimage to the Holy Temple three times a year to teach us that although there is a Supreme Court in Jerusalem situated at the entrance to the Temple precincts, we must not merely rely on that court but must appoint a nation-wide judiciary. The reason is that judgment should not be delayed until the time of the respective pilgrimages.

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Accordingly, when the famine became severe in the land of Egypt, Joseph laid open all that was within, and rationed out grain to the Egyptians. The famine, however, spread over the whole world.

על כל פני הארץ OVER ALL THE FACE OF THE EARTH — Who are the face of the earth? the well-to-do people (Genesis Rabbah 91:5).

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צדק צדק תרדף, "Righteousness, righteousness shall you pursue, etc." This is a warning to you that if in one city there can be found two exceedingly wise men and two other men also ordained but not as brilliant as the first two, you should not say that seeing both are competent you will not bother the brilliant ones with your little problem but instead submit it for judgment to the lesser sages. You should always seek out the most renowned judge (scholar) to act as judge in any litigation you are involved in.

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ילך וישוב לביתו. If he is afraid that his mazzal is poor

and he would die in battle, seeing that G’d made him worry that he might not live to consecrate his new home, wed his bride, or eat from the fruit of his vineyard, he had assumed that if he was now required to participate in this war it was apparently ordained to prevent him for realising his objectives on earth.
The Torah selected three examples of what would inspire such fear, concern over one’s house, one’s wife, and one’s vineyard. Having first named these specific concerns and declared them as legitimate under the circumstances, the Torah proceeds to include all other kinds of concerns which inspire fear for his impending death in the heart of a person. (verse 8). This pattern is not as unusual as it strikes us at first glance, seeing that Solomon employs it in Kohelet 1,3-9. He begins by listing examples of things he considers futile in this life, such as 1) a generation goes, another takes its place, a constant change, nothing remaining whereas the “dead” earth remains forever.
2) The sun rises and the suns sets; 3) the rivers all end up in the ocean but the ocean never flows over. Solomon tires of listing all the phenomena that recur constantly since the days of creation, all except man, because no new generation is exactly like the generation preceding it. The result is that the generation that has died is not remembered as it has never been replaced. This is why Solomon considers death the most futile phenomenon, seeing it wipes out what there was without replacing it. By the time Solomon reaches verse 9 he comes to the conclusion that seeing that there is nothing new in this life on earth which has not happened before, everything is remembered by reason of that very fact. However, just because one generation is not at all like a previous generation, man’s existence is apt to be forgotten, precisely because there is no one around anymore to duplicate what previous generations have done. There is therefore nothing by which to remember the existence of previous generations. (verse 11 there)