Shoftim: Trusting Hashem in Poverty and Jurisprudence

The last mishnah in Peah compares the bitachon of a poor person who refuses tzedakah to that of a judge who adjudicates truthfully. What does this mean? To answer, we must understand what bitachon is.

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Artwork: Faithbound Judge, by Svetlin Velinov

Shoftim: Trusting Hashem in Poverty and Jurisprudence

If I were to ask: “What role does bitachon (trust in Hashem) play in the life of a judge?” I’m sure people would answer that a judge must exercise bitachon when issuing a ruling, trusting Hashem to help him arrive at the right verdict. This may be true, but that’s not what the last mishnah in Peah (8:9) says:

One who has 50 zuz and does business with them may not take [the forms of tzedakah mentioned in the previous mishnah: leket, peah, shichecha, and maaser ani]. Anyone who does not need to take [this tzedakah] but takes will not depart from this world before he becomes dependent on people. Anyone who needs to take [tzedakah] but does not take will not die of old age before [reaching a level of wealth in which he] provides a livelihood for others from his own money. About him Scripture states: “Blessed is the man who trusts in Hashem and Hashem will be his security” (Yirmiyahu 17:7). The same is true of a judge who adjudicates truthfully in accordance with truth.

The first question I had upon reading this was: How can Chazal praise someone who needs to take tzedakah but refuses to do so? Is the mishnah really suggesting that a poor person rely on a miracle? According to my understanding of Torah, such conduct isn’t virtuous – it’s irrational! Turns out, my intuition is supported by the Rambam in his codification of this clause of the mishnah (Hilchos Matnos Aniyim 10:19):

Anyone who doesn’t need to take [tzedakah] but deceives people and takes will not die of old age before he becomes [financially] dependent on people. And anyone who needs to take [tzedakah] and cannot live unless he takes – such as an elderly person, or one who is sick, or one who is in constant pain – yet he is too prideful to take, such a person is a murderer, is liable for his life, and has nothing for his pain but his iniquities and sins.

And anyone who needs to take [tzedakah] but afflicts himself and endures dire circumstances, living a life of suffering so as not to burden the community – [such an individual] will not die of old age before [reaching a level of wealth which enables him to] provide a livelihood for others of his own wealth. About him and those who are like him Scripture states: “Blessed is the man who trusts in Hashem and Hashem will be his security” (Yirmiyahu 17:7).

In other words, there are two types of people who need tzedakah but don’t take: (1) a person who is in dire need, who can’t survive without tzedakah but is too prideful to take it, and (2) a person who needs tzedakah but can survive without it and declines to take it “so as not to burden the community.” The former is a sinner who – for all intents and purposes – is committing suicide, whereas the latter is lauded for his trust in Hashem.

The main question on the mishnah in Peah is: What is the common denominator between the person who chooses not to rely on tzedakah and the judge who “adjudicates truthfully in accordance with the truth”? In what sense does Yirmiyahu’s statement, “Blessed is the man who trusts in Hashem” describe them both? The Torah Temimah (Devarim 16:20, footnote 82) offers the following explanation:

The commentators have wearied themselves to explain the mishnah’s segue [from tzedakah] to the topic of the judge’s adjudication. To me the intent seems obvious: a judge who adjudicates truthfully in accordance with the truth – who doesn’t show favoritism to the litigants and isn’t afraid of them and sometimes endures harm and suffering from this – regarding him, Scripture also states, “Blessed is the man who trusts in Hashem,” in the same manner as this person who needs to take tzedakah but doesn’t take, for the value of these two is the same in this regard: that they need people, but despite this, they do not take security in them.

The Torah Temimah’s explanation must be understood against the backdrop of the high standards to which the Torah holds every judge. At beginning of Sefer Devarim, judges are commanded: “do not tremble before any man, for the judgment belongs to God” (Devarim 1:17). Rambam (Sefer ha’Mitzvos Lo Taaseh #276) explains:

It is forbidden for a judge to be afraid of a bad, lawless, injurious man to the point where he avoids issuing a just verdict. Rather, he is obligated to issue a ruling, and he must not worry about being harmed by that man. It is stated in Sifra: “maybe you'll say, 'I'm afraid that so-and-so will kill my son, or light my stack of produce on fire, or cut down my plants.’ Therefore, Scripture says: 'do not be intimidated before a man.'"

According to Rambam (Hilchos Sanhedrin ve’ha’Onshin ha’Mesurin Lahem 22:1) a judge may refuse to hear a case if he is concerned that one of the litigants will retaliate, and he can even back out once the litigants have presented their sides so long as he’s still uncertain about his ruling, but once the ruling becomes clear to him, it is prohibited for him to refrain from ruling in accordance with the truth, no matter how worried he is about being harmed. [1]

The prohibition of “do not tremble before any man” only regulates how the judge acts, not what he feels. This is where the mishnah in Peah comes in. If a judge is afraid of one of the litigants but nevertheless issues a just verdict, then he is in full compliance with halacha, and is admirable for his courage. However, this does not, in and of itself, mean he has attained the lofty status of “blessed is the man who trusts in Hashem.” To reach this level of bitachon, according to the Torah Temimah, he must derive his sense of emotional security from Hashem. If a judge is still afraid of being harmed, this indicates that his emotional security is tied to people rather than God. 

This reading is supported by Tosafos Yom Tov who is bothered by the mishnah’s cumbersome phrase “kol dayan ha’dan din emes la’amito” (“any judge who adjudicates truthfully in accordance with the truth”). It would be sufficient to say “any judge who adjudicates in accordance with the truth” or “any judge who adjudicates truthfully.” Why the redundancy? Tosafos Yom Tov answers that even if a judge reaches a correct and unbiased legal conclusion, but his act of ruling is intermingled with feelings of favor for one litigant or dislike of another, then his ruling is not considered emes la’amito. We see from here that the mishnah is concerned with the judge’s inner emotional state – namely, whether his feelings are subject to being influenced by the litigants – and not just with his outward behavior, his freedom from bias in judgment, and the correctness of his ruling.

This sheds a new light on the mishnah’s primary case. A person who needs tzedakah but can live without it and chooses to endure a life of suffering in order not to burden the community is certainly praiseworthy. However, this does not automatically place him in the category of “blessed is the man who trusts in Hashem.” So long as he still feels like his fate is in the hands of other people, then he has not reached this level of bitachon.

One question remains: What does this level of bitachon look like? What emotional relationship does this judge or this poor person have towards other people? The answer lies in the pesukim of Hallel:

“Hashem is with me. I have no fear. What can any man do to me? Hashem is with me through my helpers, and I can face my foes. It is better to take refuge in Hashem than to rely on man. It is better to take refuge in Hashem than to rely on nobles” (Tehilim 118:6-9).

The essence of bitachon is the recognition that human beings have no intrinsic power to either help or harm. The ability of your helpers to help you is contingent on Hashem’s will, as is the ability of your enemies to harm you. To the extent you internalize this recognition, your emotional security will shift from human beings to Hashem. You will realize that the best way to secure your fate is to exercise your God-given intellect and free will to make the best decisions within your power in accordance with His will. Such a person is truly blessed.

[1] Growing up, one of my best friend's neighbors was a family in which both the father and mother were county judges. My friend once mentioned in passing that this family had received death threats. Only now did it hit me what that must have been like – especially living in Yakima, which has the highest concentration of gang members per population in the state.

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I feel like there’s more to say on this mishnah. If you have further insights, please share!

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