Chapter 29 of Sefer Mishlei deals extensively with public leadership: with the king and the judge, with the one who establishes the land firmly and the one who destroys it, and with the difference between the righteous person and the wicked in understanding judgment and knowing justice. Here we will study several verses in order, in light of the teachings of Rashi, the Vilna Gaon, the Ralbag, the Ibn Ezra, and primarily according to the explanations of the Malbim.
מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָּה׃ (פסוק ד) - A king establishes the land through justice, but a man of gifts overthrows it. (Verse 4)
A king who administers justice establishes the land. The land does not deviate from the proper path; it stands firmly on its foundation, and the king ensures that there is no injustice in it. In contrast, "a man of gifts overthrows it." Who is this "man of gifts"? There are several explanations for this.
Rashi explains "a man of gifts" (terumot) as a haughty man, from the language of hitromemut, elevation - a person who elevates himself and becomes arrogant. And what does pride cause? It causes him not to be deliberate in judgment. He thinks he knows the verdict immediately; he has no need to clarify, no need to investigate, because things are clear to him right from the start. Out of arrogance, he does not clarify the matter nor examine the ruling thoroughly - and through this, "he overthrows it." But when the king conducts himself according to law, "a king through justice," he is deliberate in judgment, and thereby "establishes the land."
Chazal offer another explanation: If the judge is like one who does not need to acquire friends and does not need to accept bribes - meaning he needs no one - "he establishes the land." But if he is like a Kohen who goes begging for terumah at the threshing floors, "he overthrows it." A judge who is financially dependent on the public, who accepts perks and gifts from the public, will ultimately destroy everything. The same can be said of a mayor: a mayor who acts through justice establishes his city, but a mayor of handouts - where everyone slips him all kinds of "Holylands" and unholy lands, each putting donations into his pocket - overthrows it. Chaos ensues, lack of control, and whoever pays more gets more. This constitutes destruction for the land.
The Vilna Gaon asks: Why is "terumot" (gifts) written in the plural? He answers: Because he takes donations from each and every person. And why does he "overthrow it"? Herein lies the profound insight: even if he does not openly accept outright bribes, he still worries - if I do not bend the judgment in your favor, you will stop giving to me. Since he constantly benefits from donations, he develops a sense of deference and subservience toward the donor, and when that person comes before him for judgment, he will be unable to judge him righteously. "A man of gifts overthrows it," says the Vilna Gaon, because he fears they will no longer provide him with his stipend and dues, and therefore he will pervert justice in favor of whoever sustains and supports him properly.
And how far were the Gedolei Yisrael from this. A story is told of the Rav of Kiryat Ata, who served in the rabbinate there for years. People came and proposed to him: Join the official Rabbinate, register, and receive a salary from the religious council. He refused outright. They asked him: What are you afraid of? We will let you keep your autonomy; we will not interfere in your Halachic rulings. He told them: Once you give me a salary, do you think you will need to tell me what to do? I will come and ask you what to do! Once I take a salary, I know which side my bread is buttered on, and I will naturally turn to consult you. I do not want a salary from you; I will decide on my own whatever must be decided according to the Torah, without being subservient to the opinions of those who pay.
This is precisely what the Vilna Gaon explains: a person who accepts donations from everyone will inevitably fail to uphold justice, because he is afraid they will withhold his allotted share and gift - he fears the faucet will be shut off - and will therefore distort judgment in favor of the one who sustains him.
The Ralbag explains that "a king establishes the land through justice" means this is the prerequisite for the proper functioning and repair of society, so that people do not oppress one another. When justice reigns, a person knows that if he does something improper, there is a king who will hold him accountable. But when the ruler perverts justice - and here he refers to outright corruption, not merely a subconscious bias of the heart as the Vilna Gaon described - such as when Reuven owes Shimon a hundred maneh, and Reuven is cleared of his debt if he sets aside and delivers a cut of those hundred to the king. In simple terms: pay a kickback to the king, and consider the matter closed. Did you build without a permit? Pay a kickback to the inspector, and it is handled. The car cannot pass its annual inspection? Slip something to the tester, and the matter is resolved. Living among our own people, we are well aware of how such things operate; it is regarding this that we pray daily, "Save us from a domain of Gehinnom."
And what is the result? "He overthrows it." A car that is unfit for the road is driving around; someone has erected an architectural monstrosity and no one says a word; someone else built an entire series of monstrosities - like the Holyland project, for those who remember - and no one objected. Everything in the land is ruined once bribery and injustice take hold. Worse still, one person's unauthorized structure is demolished while another's is spared, simply because one paid and the other did not - a crying injustice. This destroys and bankrupts the land, and then everyone feels free to exploit their fellow: "Don't worry, I'll work it out under the table with the king, and the deal is done."
Notice the precision of the verse's language: "A king establishes the land through justice," followed immediately by "but a man of gifts overthrows it." Seemingly, it should have said "and a king of gifts overthrows it," since it refers to the very same ruler taking illicit payments. But in truth, he cannot be called a king. A king actually reigns and leads; such a degraded person is undeserving of the title. Therefore, he is merely called "a man of gifts" - just as we say "a man of the hunt" or "a man of the field," a person whose entire focus revolves around public funds and kickbacks. That is his whole essence, and he does not merit the designation "king."
The Malbim explains the verse in a completely different direction. The king and the Kohen Gadol are the two who establish righteousness and justice on their foundations. The king establishes justice - for judgment was brought before the king - and his role is to establish peace between man and his fellow, to ensure there is justice and equity. The Kohen Gadol, in contrast, was appointed over the spiritual realm: over the watch of the House of God, the service of Hashem, and instruction in Torah and mitzvot. This is "to establish tzedakah" - not charity in the sense of giving to one's fellow, but righteousness in the sense of uprightness, the mitzvot between man and God. Thus, there is a partnership of two forces here: the king in matters between man and his fellow, and the Kohen in matters between man and God. The Kohen's role was to offer the people's sacrifices, pray on their behalf, and secure divine favor for them. When both walk in the way of Hashem, they establish the land properly.
Yet sometimes the king does his part properly - "by justice he establishes a land" - and everything is lawful and upright, but who ruins and corrupts it? "A man of terumot destroys it." Who is the "man of terumot"? The Kohen Gadol and the Kohanim beneath him, whose sole concern is the terumah (the priestly gifts) and who seek only to enrich themselves. Instead of fulfilling their role, which is the spiritual realm, they occupy themselves only with the material aspect, and then they destroy the land - for there is no one to fulfill the spiritual part.
And without spiritual leadership over the people, says the Malbim, justice will not endure either. As it is written, "Remove the wicked before the king, and his throne will be established in righteousness." When a person acts wickedly, do you think he will be wicked only in matters between man and God? He will be wicked in matters between man and his fellow as well. Thus, you, the Kohen Gadol, instead of turning the people into tzaddikim and joining forces with the king - he in matters between man and his fellow, and you in matters between man and God - have ruined the king's entire work. For when you do not make the people righteous, the moment the people are wicked - there is no such thing as being wicked only toward God.
One who is wicked toward God is inevitably wicked toward his fellow man as well. The reason is simple: How would he know what is considered an injustice toward his fellow? How would he know what is called lashon hara? If someone tells him: "That is lashon hara," he replies: "What lashon hara? I saw it with my own eyes; they even filmed him!" To him, lashon hara exists only in journalistic terms - only if you cannot prove it is true, for if it is not true, then it is slander. If they speak to him about theft: "What theft? This is insurance! Do you know how many years I have been paying them? It is about time they paid back a little." They tell him: "According to Halachah, this is theft." And he answers: "Leave me alone, what are you talking about?" And he still considers himself righteous. If a person is wicked toward God, what will restrain him toward his fellow man?
Therefore, even though "by justice a king establishes a land," along comes the "man of terumot" and destroys all of the king's work. The Kohen, who instead of guiding the people on Hashem's path fails to perform his task faithfully, caring only about collecting the terumot from the people without setting them straight, causes the people to become wicked. And when the people become wicked, no justice can establish the land, for they will also stumble in matters between man and his fellow, in theft and other offenses. There is therefore a grievance and an indictment against the "man of terumot": his corruption is not merely local; rather, it ruins the state of the entire nation.
גֶּבֶר מַחֲלִיק עַל רֵעֵהוּ רֶשֶׁת פּוֹרֵשׂ עַל פְּעָמָיו׃ (פסוק ה) - "A man who flatters his fellow spreads a net for his steps." (verse 5)
Rashi explains "machlik" as speaking smooth words. The Gra explains: he flatters. When a person flatters his fellow, his goal is usually to "spread a net for his steps" - he spreads a net over his footsteps, seeking to bring about his downfall through the flattery he showers upon him.
And what is the meaning of "al re'eihu" (concerning his fellow)? The Gra says that this is not meant literally, as in flattering his fellow directly to his face. Rather, "al re'eihu" means regarding his fellow, before others. In other words: someone comes to lodge a claim against Reuven for bad deeds he committed, and this person goes to Reuven's associates - to the one who raised the grievances - and tells him: "No, you should know that Reuven was fine; Reuven did not intend to do anything wrong." This is "a man who smooths over his fellow" - he ostensibly defends his fellow and advocates for him before those who come to accuse him, and then he flatters Reuven: "Did you see? I told them such-and-such about you, I cleared your name, I even praised you."
And the verse tells you: do not be impressed by this. "He spreads a net for his steps" - often, this person's true goal is to bring you down. Therefore, one must not be drawn after him, and one must keep a distance from someone who behaves this way.
The Ralbag explains in a different way: "A man who makes it slippery for his fellow" (from chalak, smooth or slippery). A person makes the path slippery for his fellow, pouring oil on the road so that he will walk and slip, smoothing the path so his fellow falls on those slippery spots. But pay attention to the end of the verse: "He spreads a net for his steps" - you do not realize that you are harming yourself. This is not like the Gra's explanation, that you spread a net for your fellow's steps, but rather like the concept of "He dug a pit and hollowed it out, and fell into the ditch he made." You poured oil for him so he would slip - but you will slip yourself. According to this, the verse is interpreted: you are spreading a net for your own steps, and in the end you will cause harm to yourself. Ibn Ezra explains similarly, that "spreads a net for his steps" refers to his own steps, for he brings ruin upon himself.
The Malbim offers a wonderful insight here: "flattering his fellow" (*machlik al re'eihu*) - here, the word *al* does not mean its usual sense, but is related to *avel* (wrongdoing). That is, his fellow commits wrongs, and he "smooths" things over: "No, it is fine, you are right; of course not, they were out of line, and what you did was truly excellent, that is exactly how it should have been done." One person does very severe things, and the other "smooths things over," as people say today - everything is fine, everything is great, you did just what was needed. And what does he bring upon him through this? "He spreads a net for his feet" - he wants you to keep going, so that eventually you will get caught, so that you will take a massive fall once and for all and pay the full price. The Malbim compares this to a person who smooths the path so that an animal will walk along it and become trapped in the net. In the same way, this person smooths down the rough ridges of his fellow's wicked soul - related to "the plots of man" (*me'ruchsei ish*), rough terrain - turning all the hills and obstacles into a level plain: everything is smooth, everything is fine, everything is great with you. And the purpose is so that he will be ensnared in the net of iniquity and be cut off, Heaven spare us.
בְּפֶשַׁע אִישׁ רָע מוֹקֵשׁ וְצַדִּיק יָרוּן וְשָׂמֵחַ׃ (פסוק ו) - "In the transgression of an evil man there is a snare, but the righteous sings and rejoices" (verse 6).
Rashi explains: in the transgression of an evil man comes a snare, while the righteous person who did not follow in his ways will sing and rejoice. Because the righteous person does not follow the ways of the wicked, he is saved from the snare, and consequently he will be filled with song and joy.
The Ibn Ezra explains differently: the righteous person does not rejoice merely over the fact that he himself did not fall into the snare, but rather that the wicked person fell into it. "In the transgression of an evil man there is a snare" - when an evil man sins, there is a snare within it; he falls and is trapped by his very own deeds, suffering harm from them. "But the righteous sings and rejoices" - over the fact that the wicked man is ensnared by his evil deeds and fell into the obstacles he prepared himself. As it is written: "The righteous shall rejoice when he sees vengeance, he shall wash his feet in the blood of the wicked" - the righteous rejoices when he sees retribution visited upon the wicked, and indeed, he washes his steps and his feet are bathed, as it were, in the blood of the wicked; he rejoices to see the wicked fall into the pits he dug.
The Malbim explains along similar lines: the evil man prepares a snare, and he himself stumbles into it. As in, "He dug a pit and hollowed it out," and as in "he spreads a net for his feet," where in the end you spread a net for your own feet and are harmed. "But the righteous sings and rejoices" - because then he beholds the judgments of Hashem, as it is written: "Nations sank into the pit they made" - in that very pit they dug, there they sank, and through this it became known that Hashem executed judgment. To take a contemporary example: one hears of a senior Hamas terrorist killed in a "work accident." This is "Nations sank into the pit they made," and through this it is known that Hashem executed judgment - it is obvious to all that this is the hand of Hashem. That wicked man planned to prepare an explosive device to kill righteous souls, and the Holy One, blessed be He, caused him to be blown up by that very device.
This is also the meaning of the verse: "The wicked is ensnared by the work of his own hands; Higgayon, Selah." The snare of the wicked is the work of his own hands; what he made is what traps him. "Higgayon, Selah" - through this, people learn a moral lesson, pondering the matter and contemplating it: see what happens; a person does evil and is harmed by it, bringing harm upon himself. The verse comes to teach that the righteous rejoices when he sees how the wicked, who sought to trip up others, stumbled himself, and through this, His blessed Name is exalted and praised. When the Holy One, blessed be He, executes judgment upon the wicked, His Name is praised and exalted, for everyone sees that there is justice and there is a Judge. But when justice is not executed upon the wicked, Heaven forbid, there is a desecration of Hashem's Name, for people say: look, they rise up, taunting and blaspheming, and Hashem does nothing to them. Yet when Hashem does execute judgment upon the wicked, on the contrary, His blessed Name is revealed, sanctified, and magnified.
יֹדֵעַ צַדִּיק דִּין דַּלִּים רָשָׁע לֹא יָבִין דָּעַת׃ (פסוק ז) - "A righteous man knows the cause of the poor; an evil man does not understand knowledge" (verse 7).
Rashi explains "the cause of the poor" (*din dalim*) as referring to the suffering of the poor: what they need, what they endure, what their pain is. The righteous person knows all this and takes it to heart. Whereas "an evil man does not understand knowledge" - the wicked person neither understands nor knows what the poor person is going through. We see this in history as well: it is related of Marie Antoinette that she said, "If they have no bread, let them eat cake." This is "an evil man does not understand knowledge." When the wicked is told that the people have no bread, he assumes that whatever he has at home, they have too, so let them eat cake! But when the righteous person hears such a thing, he understands that the people are destitute and that the people are suffering.
The Vilna Gaon explains in another way: what exactly needs to be "known" here? The righteous person knows that although the poor person suffers here, in the final reckoning the poor person will be on top and the rich person below - the lofty below and the lowly on top, as it is written, "I saw an upside-down world." Therefore, "a righteous man knows the judgment of the poor": the righteous person knows that one cannot deduce the poor person's true status from his current state, for his true status is up above, with the Holy One, blessed be He. The pauper who now appears miserable and suffering - his ultimate end will be good. But "an evil man does not understand knowledge," as it is written: "A brutish man does not know, nor does a fool understand this"; he assumes that wealth, honor, dominion, and importance belong to him forever. And this applies not only to the World to Come, but even in this world: the world is a revolving wheel, and one cannot know what will become tomorrow of someone who is poor today. The righteous person knows that the end of the poor will be good, either here in this world or in the World to Come, while the wicked person is convinced that if all is well with him, it will remain so forever.
The Malbim explains based on a principle he reiterates in several places: there is a distinction between *din* (judgment/litigation) and *mishpat* (settled law/justice). *Mishpat* is a clear-cut matter that requires no adjudication, scrutiny, or extensive investigation. If you parked on a red-and-white curb, the penalty is clear; even if brought to court, they do not need deep investigation, because the facts are plain and the law is settled and unambiguous. By contrast, *din* refers to a legal dispute where the matter is unclear, requiring the court to hear both sides' arguments, examine each party's claims, evaluate how much truth lies in the words of each, determine the merit of each argument, and weigh the opposing claim. *Din* is a matter that must be deliberated, demanding analysis and discernment in order to reach a verdict.
And despite all this, the verse says: "The righteous person knows the cause of the poor" - the righteous person knows the judgment with clear clarity. And how so? Because the righteous person is engaged in investigating justice, in Halachic analysis, in judgment, and in examining claims. Therefore, even when a "cause" comes before him that requires deep contemplation and inquiry - he examines, understands, and reaches the bedrock of truth. In contrast to him, the wicked person: not only does he not know "the cause of the poor", for he certainly cannot comprehend a matter that requires deliberation and depth, but he does not even comprehend "knowledge". And what is knowledge? Knowledge is always clear understanding - an established Halachah, a simple ruling, a straightforward decision. The wicked person cannot rule correctly or decide properly even in an explicit matter. And why? Because the wicked person's mind and intellect are the absolute reverse of justice and morality, so that even simple, clear matters are not simple to him - to him, the exact opposite is what seems "simple".
And this is the tradition handed down to us. Once they asked Rabbi Moshe Scheinfeld, who was a publicist, one of the greatest publicists of the Chareidi public in the period following the establishment of the State. Back then, ideas were very confused; today opinions have crystallized, but at that time there was still a kind of illusion that the State was the throne of Hashem in the world and that from it would emerge a sanctification of Hashem's Name, along with all sorts of illusions of that kind which, regrettably, shattered against the rock of reality. And the one who expressed the reality in a clear and lucid way was Rabbi Moshe Scheinfeld. They say someone asked him - it may have been the Brisker Rav - from where did he know how to express Da'as Torah with such clarity? After all, he was a talmid chacham and a learned Jew, but not the gadol hador. He replied to them: We have a tradition that Da'as Torah is the opposite of the lay perspective, Da'as Ba'alei Batim. I walk outside, listen to what the laymen are saying, come back inside, and write the exact opposite.
Da'as Torah is the opposite of the general, prevalent opinion. You want to know what Da'as Torah is? Whatever people are talking about in the street - know that the Torah's view is the opposite; whatever they say in the media - it is the opposite. And we have already explained the Gra's comment on "and she saw that she was determined to go", that a person's natural inclinations lean toward pleasures, desires, physical indulgence, and sins; it is "built-in", a natural inclination. In order to lean otherwise, one must activate an opposing force within oneself, a will that strives to do the opposite. If you leave a person to his default setting - it will be desires, pleasures, worldly wishes, and physical gratification. As has been noted: naturally, if you leave a person alone - he lies down. To stand up requires flexing muscles. His default setting is rest and relaxation: I am very tired, I went to sleep late, I am short on sleep, and now you are telling me we must go? Is it really necessary? Man is coarse dust and physical matter, and as the Mesillat Yesharim says - man is gross, earthy, and physical, and that is his nature. Therefore, what do people talk about in the marketplace and in the street? Desires, pleasures, and physical pursuits. If you want to know what the will of Hashem is - it is the exact opposite. Da'as Ba'alei Batim is the opposite of Da'as Torah.
And this is precisely what the verse tells us here: the righteous person knows even complex rulings that require deep study and examination - "The righteous person knows the cause of the poor." But the wicked person does not know even basic knowledge, even matters that are simple and self-evident. Even such matters are not simple to him, and on the contrary - at times you see in him a crookedness that is the absolute reverse of intellect and common sense.
In these verses, we learned about the two forces that sustain the land - the king through justice in matters between man and his fellow, and the Kohen in the spiritual service between man and his Maker - and about the "man of gifts" who destroys everything: whether through his arrogance that does not allow him to deliberate patiently in judgment, whether through his subservience to donors of gifts, whether through subverting judgment with bribes, or whether through a Kohen whose entire concern is enriching himself rather than setting the people upright. We also learned to beware of smooth-talkers, for flattery and covering up misdeeds are a spread net, and he who digs a pit for his fellow ultimately falls into it himself. And we learned that the righteous person knows the cause of the poor - their suffering, their good ultimate future, and the search for truth in doubtful judgments - while the wicked person does not understand even simple knowledge, because his mind is twisted away from justice. From this follows the foundational principle: Da'as Torah is the opposite of Da'as Ba'alei Batim, and whoever desires to know the will of Hashem must recognize that it does not lie in man's natural default, but in the counteracting force that a person activates within himself.