Introduction: Between Rebuke and Praise - Chapter 19 of Divrei HaYamim II
Chapter 19 opens with Yehoshaphat's return from the war with Aram, the battle in which Achav was killed and Yehoshaphat himself was just a step away from death. The chapter retroactively explains why the enemy pursued him specifically, and what merit stood in his favor to save him. Immediately afterward, the chapter moves on to Yehoshaphat's primary achievement: bringing the people back in repentance and establishing an orderly judicial system - Sanhedrins in every city and the Great Court in Jerusalem - through which some of the most essential principles of justice and judicial responsibility are stated here.
The Rebuke of Yehu Son of Chanani: Sin in Action and Sin in Thought
וַיָּשָׁב יְהוֹשָׁפָט מֶלֶךְ יְהוּדָה אֶל בֵּיתוֹ בְּשָׁלוֹם לִירוּשָׁלִָם׃ - Yehoshaphat king of Judah returned to his house in peace, to Jerusalem.
וַיֵּצֵא אֶל פָּנָיו יֵהוּא בֶן חֲנָנִי הַחֹזֶה וַיֹּאמֶר אֶל הַמֶּלֶךְ יְהוֹשָׁפָט הֲלָרָשָׁע לַעְזֹר וּלְשֹׂנְאֵי ה' תֶּאֱהָב וּבָזֹאת עָלֶיךָ קֶּצֶף מִלִּפְנֵי ה'׃ - And Yehu son of Chanani the seer went out to meet him, and said to King Yehoshaphat: "Should you help the wicked and love those who hate Hashem? Because of this, wrath is upon you from before Hashem."
Yehoshaphat returned to his house in peace to Jerusalem - but not entirely in peace, for Achav died in that battle. Immediately, Yehu son of Chanani the seer came out to meet him with a rebuke. The Malbim explains that the rebuke comprises two parts: a sin in action and a sin in thought. "Should you help the wicked" - this is the sin in action, assisting transgressors; why would you go out to help a wicked person like Achav? "And love those who hate Hashem" - this is the sin in thought, for he made a covenant of love and closeness with him, yet Achav was among those who hate Hashem.
Why did the prophet need to specify both parts? The Malbim explains: help can be conceived even without love - sometimes a person assists someone else even though he does not love him, out of some perceived benefit. Nevertheless, it is improper to help the wicked under any circumstance, and that is "Should you help the wicked." Love, however, is a matter of the heart, and regarding it there is also a claim: it is not fitting to love those who hate Hashem, as it says, "Do I not hate those who hate You, Hashem, and strive with those who rise up against You? I hate them with complete hatred; they have become enemies to me." Perhaps this is not "politically correct" in our days, but this is what is written: one must hate the wicked. This does not mean hating the person as an individual - one should always hope that the person will repent - but rather hating and despising their wicked deeds. Therefore, it would have been fitting for you to hate Achav, and it would have been fitting not to help him.
"Because of this, wrath is upon you from before Hashem" - there is a prosecution against you, and it would have been fitting for you too to fall by the sword in that war, not only Achav. This explains why the enemies surrounded Yehoshaphat specifically. In truth, you deserved to die there, and had you not cried out to Hashem, you would not have been saved.
"Nevertheless, good things are found in you" - In the Place of His Judgment, There Is His Deed
אֲבָל דְּבָרִים טוֹבִים נִמְצְאוּ עִמָּךְ כִּי בִעַרְתָּ הָאֲשֵׁרוֹת מִן הָאָרֶץ וַהֲכִינוֹתָ לְבָבְךָ לִדְרֹשׁ הָאֱלֹהִים׃ - Nevertheless, good things are found in you, for you have removed the asherot from the land and directed your heart to seek God.
What was the merit that stood by him? This is what is meant by "in the place of His judgment, there is His deed": when the Holy One, Blessed is He, judges a person, He does not mention only his liabilities, but also mentions his merits. This is unlike flesh and blood, where during a dispute with another person, one forgets all of his merits and views him as entirely negative. With the Holy One, Blessed is He, it is not so. As we find regarding Shaul: on the one hand, a claim was made against him regarding the matter of Nov, the city of priests, and on the other hand, the people of Israel were held accountable for not eulogizing him properly. Thus, on the one hand there was a claim against him, and on the other hand the Holy One, Blessed is He, demanded his due credit and honor. With the Holy One, Blessed is He, there is no offsetting; rather, everything is dealt with according to what is deserved, with proper weight and measure.
And so it is here as well: there is a very severe claim against you, the prophet says to him, but there is also a merit that was remembered at that hour, and through its power you were saved. The Malbim notes that the merits correspond precisely to the two aspects of the sin: "For you have removed the asherot from the land" - this corresponds to the sin in action, since you performed an act of eradicating idol worship; "and directed your heart to seek God" - this corresponds to the sin in thought, for you prepared your heart and your thoughts to seek God. Therefore, these merits had the power to save you from both sins - from practically helping the wicked and from the love in the heart.
Yehoshaphat Goes Out Among the People and Returns Them to Hashem
וַיֵּשֶׁב יְהוֹשָׁפָט בִּירוּשָׁלִָם וַיָּשָׁב וַיֵּצֵא בָעָם מִבְּאֵר שֶׁבַע עַד הַר אֶפְרַיִם וַיְשִׁיבֵם אֶל ה' אֱלֹהֵי אֲבוֹתֵיהֶם׃ - "And Yehoshaphat dwelt in Jerusalem; and he went out again among the people from Be'er Sheva to Mount Ephraim, and brought them back to Hashem, the God of their fathers."
From this point onward, Yehoshaphat resides in Jerusalem and no longer goes to the kingdom of Israel or to the house of Achav. Although Achav is no longer among the living, Yehoshaphat does not return to that place or to that closeness. "And he went out again among the people" - as the Metzudat David explains, he would go out from time to time from Be'er Sheva to Mount Ephraim to bring them back to Hashem, to guide them in teshuvah: in the mitzvot between man and God, as well as in their beliefs, outlooks, and deeds.
Appointing Judges: "For You Judge Not for Man, but for Hashem"
וַיַּעֲמֵד שֹׁפְטִים בָּאָרֶץ בְּכָל עָרֵי יְהוּדָה הַבְּצֻרוֹת לְעִיר וָעִיר׃ - "And he set judges in the land throughout all the fortified cities of Judah, city by city."
וַיֹּאמֶר אֶל הַשֹּׁפְטִים רְאוּ מָה אַתֶּם עֹשִׂים כִּי לֹא לְאָדָם תִּשְׁפְּטוּ כִּי לַה' וְעִמָּכֶם בִּדְבַר מִשְׁפָּט׃ - "And he said to the judges: 'Consider what you do, for you judge not for man, but for Hashem, and He is with you in the matter of judgment.'"
After returning the people in matters between man and God, he appointed judges to adjudicate in matters between man and his fellow. And what was his warning? "Consider what you do" - look carefully into the act of judgment, as the Metzudat David phrases it. "For you judge not for man" - judgment is not like other mitzvot commanded of a person, where one can simply say at the end, "I tried my best, this was my impression, and the perversion of justice did not occur through betrayal." Such an excuse may suffice for a human being. But judgment belongs to Hashem, and He knows what was done inadvertently and what was done willfully with the intent to pervert justice.
"And He is with you in the matter of judgment" - Hashem is present with you at the time of judgment, and He knows the secrets of the heart, as it is said, "God stands in the congregation of the mighty." The Holy One, blessed be He, stands alongside the judges; therefore, beware of perverting justice. The Radak similarly explains: you must fear Him as though He were right there with you in the matter of judgment. The Radak also adds a second interpretation, that this is phrased as a positive promise and a blessing: Hashem will be with you in the matter of judgment and will help you reach the correct rulings so that you do not stray from justice - if you fear Him, you will have divine assistance.
The Malbim explains that there are two aspects here: "And Hashem is with you in the matter of judgment" is like "in the midst of the judges He judges" - the Holy One, blessed be He, is present alongside the judges and adjudicates with them; furthermore, the Holy One, blessed be He, is also present among the litigants, as if He Himself were the one being judged. And when you commit an injustice, it is as though you are committing an injustice against the Holy One, blessed be He, Himself. This is the meaning of "for you judge not for man, but for Hashem" - you are, as it were, judging the Holy One, blessed be He, in law and judgment, so take great care not to pervert the judgment of Hashem, blessed be He.
"There Is No Injustice with Hashem Our God, Nor Respect of Persons, Nor Taking of Bribes"
וְעַתָּה יְהִי פַחַד ה' עֲלֵיכֶם שִׁמְרוּ וַעֲשׂוּ כִּי אֵין עִם ה' אֱלֹהֵינוּ עַוְלָה וּמַשֹּׂא פָנִים וּמִקַּח שֹׁחַד׃ - "And now, let the fear of Hashem be upon you; take heed and act, for there is no injustice with Hashem our God, nor respect of persons, nor taking of bribes."
Since everything is known and revealed before Him, it is fitting that the fear of Hashem be upon you. Therefore, "take heed and act" - in accordance with the Torah and the commandment that Hashem commanded, as the Metzudat David writes. "There is no injustice with Hashem" means: Hashem has no desire that injustice be done in judgment, that favor be shown in judgment, or that bribes be taken.
And what is "favoritism" (masoh panim, literally "lifting of the face")? The Metzudat Tziyon explains: a person who is liable in court is ashamed and his face falls, just as when someone hears bad news his face falls, as it says, "Why has your face fallen?" (Bereishit 4:6). And one who shows him a warm countenance is, as it were, lifting up his fallen face. A judge is strictly forbidden to show favoritism to one of the litigants: you see that he is about to be found liable and his countenance falls, and you lift his face and boost his spirits, smiling warmly at him so that his spirits are raised. This is forbidden, and it is a tangible expression of perverting justice.
The Malbim adds: since we have established that the Holy One, Blessed is He, is both the Judge and the Litigant, it turns out that one who presides and perverts justice sins doubly, and therefore "Now let the fear of Hashem be upon you." The Malbim analyzes the precise wording: "Take heed" (shimru, literally guard) - the terminology of guarding is always applied to negative commandments, as in "take heed" (hishamer), "lest" (pen), and "do not" (al); here it means do not take a bribe and do not show favoritism. "And act" (va'asu) - the language of action is always applied to the fulfillment of positive commandments, such as "In righteousness shall you judge your fellow," which are positive obligations to conduct legal proceedings with integrity.
And since you judge and are judged along with Hashem, as it says, "and He is with you in the matter of judgment," there is with Him neither injustice, nor favoritism, nor the taking of bribes. The perversion of justice, notes the Malbim, occurs in one of three ways: either through outright injustice, through showing favoritism to one of the litigants, or through accepting a bribe - where the bribe serves the personal benefit of the judge, what he personally gains from the matter. None of this is conceivable with Hashem: since He stands as the litigant, favoritism toward the Holy One is inconceivable; and since He is the Judge, taking bribes is inconceivable, for what could He possibly gain from the bribe you accept?
The Malbim adds a wonderful insight: favoritism usually leads to a sin of passivity ("sit and do nothing") - the judge refuses to deal with a case involving a violent or intimidating person. He tells the plaintiff: "Listen, perhaps it is best not to confront him..." He defers to him, wishing to avoid conflict and unwilling to bring him to trial, so the man is never judged and restitution is never extracted from him. To counter this, the verse says "and act" - do not evade this case through passive inaction; you may find it uncomfortable to rule against him, or you may wish to maintain good relations with him and defer to him, but heaven forbid! Rather, go and act, and bring him to justice in practice. Bribery, on the other hand, prompts active perversion of justice ("arise and do"), and against this it is said, "take heed" - beware of taking a bribe.
The Great Sanhedrin in Jerusalem
וְגַם בִּירוּשָׁלִַם הֶעֱמִיד יְהוֹשָׁפָט מִן הַלְוִיִּם וְהַכֹּהֲנִים וּמֵרָאשֵׁי הָאָבוֹת לְיִשְׂרָאֵל לְמִשְׁפַּט ה' וְלָרִיב וַיָּשֻׁבוּ יְרוּשָׁלִָם׃ - Moreover, in Jerusalem Yehoshaphat appointed some of the Levites and Kohanim, and of the family heads of Israel, for the judgment of Hashem and for disputes; and they returned to Jerusalem.
Just as he established a Lesser Sanhedrin in every city, the Malbim explains, he established the Great Sanhedrin in Jerusalem. It included Levites and Kohanim in accordance with the law that Kohanim should serve on the Sanhedrin, as it is said, "For the lips of a Kohen should safeguard knowledge, and they should seek Torah from his mouth" (Malachi 2:7). "And of the family heads" - this refers to the most distinguished among them, the senior judges, as it says, "And you shall come to the Kohanim, the Levites, and to the judge" (Devarim 17:9).
"For the judgment of Hashem and for disputes" - according to the first interpretation: "the judgment of Hashem" refers to matters between man and God, while "disputes" refers to conflicts between man and his fellow. The Malbim also brings an alternative explanation: "the judgment of Hashem" refers to a matter of great gravity. Why is it called this? As explained several times based on the Radak and others, anything of immense magnitude is associated with the Name of Hashem to emphasize its greatness - such as shalhevetyah ("a mighty flame"), "the wind of Hashem breaking the mountains and shattering the rocks," ma'afelyah for profound darkness, pachad Hashem, or pachad Elokim. Accordingly, "for the judgment of Hashem" refers to monumental legal matters, complex and significant rulings. And "disputes" refers to unresolved halachic doubts debated among the sages of Israel. "And they returned to Jerusalem" - after he selected them from throughout Judah, they returned with him to Jerusalem to be seated in the Chamber of Hewn Stone (Lishkat HaGazit).
The Charge to the Judges: Reverence, Faithfulness, and a Whole Heart
וַיְצַו עֲלֵיהֶם לֵאמֹר כֹּה תַעֲשׂוּן בְּיִרְאַת ה' בֶּאֱמוּנָה וּבְלֵבָב שָׁלֵם׃ - And he commanded them, saying: "Thus shall you do in the fear of Hashem, with faithfulness, and with a whole heart."
This charge is directed to the judges in Jerusalem: thus shall you conduct the work of judgment - "in the fear of Hashem," ensuring you do not transgress negative commandments; "with faithfulness," referring to intellectual and analytical integrity; "and with a whole heart," that you not act out of ulterior motives or for personal gain, but rather fulfill the mitzvah purely for its own sake (lishmah).
וְכָל רִיב אֲשֶׁר יָבוֹא עֲלֵיכֶם מֵאֲחֵיכֶם הַיֹּשְׁבִים בְּעָרֵיהֶם בֵּין דָּם לְדָם בֵּין תּוֹרָה לְמִצְוָה לְחֻקִּים וּלְמִשְׁפָּטִים וְהִזְהַרְתֶּם אֹתָם וְלֹא יֶאְשְׁמוּ לַה' וְהָיָה קֶצֶף עֲלֵיכֶם וְעַל אֲחֵיכֶם כֹּה תַעֲשׂוּן וְלֹא תֶאְשָׁמוּ׃ - And whenever any dispute shall come before you from your brethren who dwell in their cities, between blood and blood, between Torah and commandment, statutes and judgments, you shall warn them so that they do not incur guilt before Hashem, lest wrath come upon you and upon your brethren; thus shall you do, and you will not incur guilt.
Yehoshaphat cautions them: regarding any dispute that comes before you from your brethren who dwell in their cities, in any and every matter. "Between blood and blood" - in laws of murder, distinguishing between intentional and unintentional bloodshed. "Between Torah and commandment" - in ruling on one of Hashem's commandments in matters between man and God. "For statutes" - these are the commandments that lack an apparent rational reason. "And for ordinances" - these are the civil matters between man and his fellow. "And you shall warn them" - so that they will act according to what you instruct them on the authority of the beit din. "And they will not incur guilt before Hashem" - for if they do not act according to your words but follow their own desires, there will be wrath upon you for not having warned them, and there will also be wrath upon your brethren for stubbornly following their own opinion and not listening to you, the judges. "Thus shall you do, and you will not incur guilt" - act in this manner, and thereby guilt will not attach to you, for you will have done your part; whether they listen or whether they refrain, you will not be held guilty, since you instructed them according to the law.
The Malbim draws a parallel between the verse here and the passage of Ki Yippaleh: "If a matter is hidden from you in judgment, between blood and blood, between judgment and judgment, between stroke and stroke": parallel to "between stroke and stroke," it is written here "for statutes," referring to the laws of afflictions (nega'im); "and for ordinances" refers to civil cases (dinim); "Torah" is the theoretical, conceptual aspect, and "commandment" is the practical implementation. This also includes the Oral Torah, as our Sages taught that "Torah" refers to Scripture (Mikra) and "the commandment" refers to the Mishnah, which is the Oral Torah.
"Thus Shall You Do" - You Too
The Malbim adds an original insight: "Thus shall you do" - you yourselves must also act this way. It is not enough that you instruct others; you must fulfill it yourselves as well, so that you do not fall into the category of "one who preaches well but does not practice well."
In this connection, it is related that someone once told the Chafetz Chaim that he had spoken for an hour or two, but it seemed to him that most of the audience had fallen asleep, had not listened, and no benefit came of it. The Chafetz Chaim replied to him: "What are you talking about? Why do you think there was no benefit? For two hours people did not speak lashon hara - is that a small matter in your eyes?" And they say that on another occasion he added another point: sometimes a person influences only a single individual - and you have no idea how much power lies in that. And even if that individual is yourself, that too is significant. At the very least, you have influenced yourself - and this is precisely what the verse means by "Thus shall you do": you too shall act accordingly.
Amaryahu and Zevadyahu: Two Authorities
וְהִנֵּה אֲמַרְיָהוּ כֹהֵן הָרֹאשׁ עֲלֵיכֶם לְכֹל דְּבַר ה' וּזְבַדְיָהוּ בֶן יִשְׁמָעֵאל הַנָּגִיד לְבֵית יְהוּדָה לְכֹל דְּבַר הַמֶּלֶךְ וְשֹׁטְרִים הַלְוִיִּם לִפְנֵיכֶם חִזְקוּ וַעֲשׂוּ וִיהִי ה' עִם הַטּוֹב׃ - "And behold, Amaryahu the chief priest is over you for every matter of Hashem, and Zevadyahu the son of Yishmael, the ruler of the house of Yehudah, for every matter of the king, and the Levites are officers before you. Be strong and act, and may Hashem be with the good."
Amaryahu, notes the Metzudat David, may be the Azaryahu mentioned in I Chronicles 5. He is the chief over you for every matter of Hashem - whatever is too difficult for you, bring before him. And Zevadyahu the ruler - you shall consult him for every matter of the king, in everything concerning the laws of the kingdom; and the Malbim adds that he was the expert in all regal and governmental affairs. "And the Levites are officers before you" - ready at your service for whatever you command them, in order to compel and enforce the judgment upon the people. "Be strong and act, and may Hashem be with the good" - Hashem will be with anyone who walks in the good path.
In summary: In Chapter 19, we learned of the rebuke given by Yehu son of Chanani to Yehoshaphat regarding the two facets of his sin - actively helping the wicked and harboring love in his heart for those who hate Hashem - and the two merits that stood in his favor against them: the elimination of the asherot and the preparation of his heart to seek God, for "in the place of His judgment, there is His deed," and the Holy One, Blessed is He, recalls merits even while executing judgment. We saw Yehoshaphat's going out among the people to return them to Hashem, the appointing of judges in every city, and his penetrating warning that judgment is not for man but for Hashem, Who is the Judge and, as it were, also the One being judged; therefore, "guard" against taking bribes and "act" so as not to evade judging powerful, intimidating litigants through passive inaction. We saw the establishment of the Great Sanhedrin in Yerushalayim and the charge to judge in the fear of Hashem, with faithfulness and with a whole heart, and to warn the people so that wrath will be visited neither upon the judges nor upon their brethren. And finally, "Thus shall you do" - the judges themselves are also commanded to fulfill what they teach, so as not to be one who preaches well but does not practice well, and even the influence exerted upon a single person - even if it is only oneself - contains immense power.