🕯️ Erev Rosh Chodesh Elul — the month of mercy and forgiveness Judges and officers you shall appoint in all your gates · May we enter the judgment and come out acquitted
Shoftim — judges at your seven gates · Erev Rosh Chodesh Elul
Parashat Shoftim · Rosh Chodesh Elul · 5786 · Shiur 1
Judges at Your Seven Gates
The ant, the severed grain, and the truth the eye cannot see
A shiur by M. Yehouda Himi
🕯️ In memory of Rav Ron Chaya זצ״לThis study is also dedicated to the memory of Rav Ron Chaya זצ״ל, who gave his life to spreading Torah, awakening teshuva and strengthening a true shalom — a shalom of truth, of kedusha and of responsibility.May the merit of the tzaddik protect us and all Israel. May his soul be bound in the bond of life. Amen.
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Shoftim — Shiur 1 · Judges at Your Seven Gates
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Judges at Your Seven Gates
M. Yehouda Himi · Parashat Shoftim · Erev Rosh Chodesh Elul · Shiur 1

Rashi reads the verse plainly: appoint judges who rule the din, and officers who enforce the ruling. But why does the Torah say you shall appoint and your gates — in the singular — when appointing judges is the business of the entire community?

The masters of mussar take it one step further: every man holds seven gates — two eyes, two nostrils, two ears and one mouth. Post judges: what do you look at, what do you listen to, what do you let in? And officers: whatever entered wrongly, know how to put it out again.

The Midrash sends a man to study the ant. Rabbi Shimon ben Chalafta tested it: no ant touches a grain another ant has handled. Remarkable integrity — except that the grain itself was dragged out of the owner's storehouse. The same scene yields two opposite verdicts.

Hence the conclusion: trust neither your eye nor your logic. That is why the Torah commands judges and officers. And the ant's very name — nemala, the one that cuts — holds the key: she severs the grain so it will not sprout, exactly as tomorrow's Hallel says ki amilam, from the same root.

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1 The Setting — the eve of Rosh Chodesh Elul

Tonight is erev Rosh Chodesh Elul — may it come upon us for good: the month of mercy and forgiveness. We owe something to the parashiyot of these weeks, so let us learn a little parasha; and the one we are walking toward is Shoftim.

Judges and officers you shall appoint for yourself in all your gates, which Hashem your God gives you, for your tribes; and they shall judge the people with righteous judgment Devarim 16:18

The whole shiur tonight lives inside this verse — and inside one grammatical detail no one notices.

2 The plain sense — judges and officers according to Rashi

Shoftim are the dayanim, those who rule the judgment. Shotrim, says Rashi, are those who hold the people to their command — the enforcers. The judge issues the ruling; the officer has to carry it out.

Rashi says it bluntly: they strike and bind, with rod and with strap, until the man accepts the judge's ruling upon himself. We would call it today the enforcement of a court decision.

And this applies in all your gates — in every single city, for your tribes. On the plain level, then, Rashi explains that there is a mitzvah to appoint judges and officers, because a society does not run itself: there must be a court, there must be police, there must be everything that is needed.

3 The question — why the singular?

If that is indeed the mitzvah — appointing judges and officers — then why does the Torah speak in the singular? It should have read: judges and officers you (plural) shall appoint for yourselves, in every city, and in all your (plural) gates.

Moshe is speaking to all Israel and commanding them to appoint judges. This is not an individual mitzvah: a private person cannot appoint a judge even if he wanted to. There is a parliament, there is a government, there is a judicial appointments committee. It is a public matter, not a private one. So why you shall appoint for yourself, and your gates?

It is precisely because of this point that the masters of mussar came and said: there is a further message here, more inward and more personal, to each and every one of us. Not that Rashi is wrong — Rashi is right, he explains the plain sense of the verse, order must be established. But the masters of mussar took it one step forward.

4 The seven gates of a man

Here is the derasha everyone knows: judges and officers you shall appoint for yourself in all your gates — for each and every man, privately. Because every man has seven gates. Sefer Yetzirah notes it, and along the same path the Shlah HaKadosh brings this very derasha we all know:

עַיִן
עַיִן
אֹזֶן
אֹזֶן
נָחִיר
נָחִיר
פֶּה

Two eyes through which he sees; two nostrils through which he breathes; two ears through which he hears; and one mouth through which he eats. Seven openings.

⭐ So the Torah commands you to appoint judges: judge what you look at, what you smell, what you listen to and what you refuse to hear, what you put into your mouth — kosher or not kosher. And officers: if something has already come in that should not have come in, know how to put it out.

A man must know what he lets in and what he sends out. What food enters the mouth — kosher or not. And what lashon hara leaves it — kosher or not. Let us speak good words and not evil ones. What we take in through the nose and what we do not. The ears: what to hear and what not to hear. The eyes: what to look at and what not to look at.

5 Why this derasha belongs to these very days

And why does this derasha suit these days in particular? If we pay attention, every parasha from before Rosh Chodesh Elul until Simchat Torah is tied to the season we are standing in.

Re'eh — last week's parasha: See, I set before you today a blessing and a curse. The days of mercy and forgiveness are arriving, the days of judgment are arriving: sit with yourself and see whether you want to choose the blessing or the curse.
Shoftim — and how shall I do it? Judges and officers you shall appoint for yourself in all your gates.
Ki TetzeWhen you go out to war against your enemies. Who is your enemy? The yetzer hara. We are moving toward Rosh Hashana: there is the great enemy, and there is also the private enemy, which is the evil inclination.
Ki Tavo — if you have defeated your yetzer hara, then it can be said to you: And it shall be when you come into the land which Hashem your God gives you as an inheritance. You can settle in your inheritance and begin receiving the divine light.
NitzavimYou are standing today. The Zohar HaKadosh teaches: hayom, today, is Rosh Hashana. Where does he take it from? From a verse in Iyov: And it was the day, and the sons of Elokim came to present themselves before Hashem — that day was Rosh Hashana.
VayelechAnd Moshe went and spoke these words to all Israel. He said to them: I am one hundred and twenty years old today — length of days and the end of them.
Haazinu — this is already before Yom Kippur: the tochacha. And the parasha closes with and He shall atone for His land, His people — we hear Yom Kippur in it.
Then comes a pause: we build a sukkah, we rejoice — and on Simchat Torah, And this is the blessing with which Moshe, the man of God, blessed.

All the parashiyot run in the order of the days we are walking toward. How deep these parashiyot are.

⭐ And the Shabbat before Rosh Chodesh Elul is always Re'eh. The hint: Re'eh — see, Elul has arrived. It was Ezra HaSofer who instituted that parashat Re'eh be read before Rosh Chodesh Elul.
6 Sefer Devarim — the speech that runs thirty-six days

And unrelated to that: the whole of Sefer Devarim is Moshe Rabbenu's address, begun on Rosh Chodesh Shevat and completed on the 7th of Adar, the day of his passing. That is why parashat Vezot HaBracha is said on the 7th of Adar, when Moshe Rabbenu departed.

7 The Midrash — go to the ant

Now, from within parashat Shoftim, let us learn a foundation that Chazal state in Midrash Rabbah. On judges and officers you shall appoint for yourself in all your gates, our Sages of blessed memory say: this is what Shlomo HaMelech writes in Mishlei —

Go to the ant, sluggard; see her ways and grow wise. She has no chief, no officer and no ruler, yet she prepares her bread in the summer and gathers her food at harvest Mishlei 6:6-8

Shlomo HaMelech is proposing to us: if you want to understand wisdom, go and observe the ant and learn from her. And he continues — she has no chief, no officer and no ruler — all of it brought under the verse judges and officers you shall appoint. This is what we need to understand: why did Shlomo HaMelech send us to observe the ant and learn from her?

8 The experiment of Rabbi Shimon ben Chalafta

And indeed there was one Tanna who accepted Shlomo HaMelech's proposal, went and observed the ant, and wanted to see what he would learn from her. The Rabbanan say: see the upright conduct in her — the ant flees from theft.

Said Rabbi Shimon ben Chalafta: I am going to run an experiment to see whether what they say is true. What did he do? He took something to mark with. He watched a single ant: she dropped a grain of wheat, seized it in her mandibles and dragged it — presumably to carry it back to the nest. Then she tired and set the grain down. And all the others came, smelled the grain — sensing that another ant had already handled it — and not one of them took it. So he marked the first ant, the one who had seized the grain and left it. She came back, and it was she who took it.

See the wisdom in her: no officer and no judge, as it says, she has no chief, no officer and no ruler. In that place of the ants you do not see one ant in a police cap standing guard — there is no one there. And still, every one of them had discipline, every one of them was upright: not to touch what is not hers.

⭐ But you — you are not like the ants: judges and officers you shall appoint for yourself in all your gates. I cannot rely on a man who sees someone carrying a bundle of a hundred thousand shekels, setting it down because he is tired and stepping away for a drink — I cannot rely on nobody touching it. Who will smell it, who will not? There will be nothing left but the scent. Therefore, you: judges and officers.
9 The reversal — where did that grain come from?

So far we have learned well. But then a very fine question arises. Forgive me: you want to teach me that ants are honest and upright, wonderful — but let us ask a more important question: that grain of wheat, where is it from?

Theft. Which means the ant is not exactly upright and innocent: after all, she dragged that grain out of the owner's storehouse. She is a thief. The grain did not fall from the sky.

One might object that the Torah says to leave leket and shichecha for the poor — but that is not our case here: ants are not presumed poor. When the Tanna observed, he evidently saw a punctured sack and a line of ants hauling wheat away.

Let us say it plainly: the ant makes no calculation. If she sees a grain, she does not ask herself excuse me, is this theft or is this ownerless? — she simply takes it. So now the verse must be read differently: go to the ant, sluggard, see her ways and grow wise — she has no chief, no officer and no ruler: and because she has no chief, no officer and no ruler, she robs the owner. So that you should not arrive at robbery, it is highly advisable that you appoint judges and officers for yourself.

10 What we have actually learned

But what did we really learn? We see two directions here. One side looks at the ant and says: what righteousness! Ants will not touch their fellow's grain. The opposite picture: what wickedness! These ants rob the owner, they bored a hole in his sack and hauled off his wheat.

So what am I supposed to do in order to be wise — appoint judges and officers, or not appoint them?
⭐ Says the Torah: do not rely on your logic and on what you see, because what you see is a sleight of the eyes. From that exact same act you can arrive at the verdict what integrity — and at the verdict what wickedness. To escape these doubts the Torah says: do not rely on your reasoning alone, but judges and officers you shall appoint for yourself.

Do not ask me questions — because you will never understand why it is essential that there be judges and officers. The Torah descended to a man's understanding and said: you need this. For who created man? The Holy One blessed be He. He knows how this machine works — and one cannot lean on our own uprightness alone.

This look at the ant therefore teaches that you can never know the truth on your own unless you take someone from outside to be judge and officer, and to give what needs to be given. That is the strongest lesson in this whole passage.

11 Why is the ant called nemala?

Since we are speaking of ants, let us take something pleasant. Why is the ant called nemala? What does the name mean?

To understand it we have a verse in the Torah that speaks of the brit mila. It says umaltem — you shall circumcise. But in Sefer Bereshit, when the Torah tells of Avraham Avinu and the brit mila, it does not say umaltem but unemaltem.

And you shall circumcise the flesh of your foreskin Bereshit 17:11

What is the difference? In umaltem you will see a dagesh in the mem. Why? Because the nun has dropped: this is called chasrei pei-nun. The root is נ-מ-ל, and the nun is not pronounced in the ordinary form.

Take an example: someone fell — what is the root? נ-פ-ל. Yet when I say be careful not to fall, I do not say tinpol: the nun drops, we do not need it, and there is a dagesh in the pei. We say tipol, even though the root is נ-פ-ל.

Accordingly, the root of nemala is נ-מ-ל — the very root of unemaltem. And what does unemaltem mean? To cut. And you shall circumcise the foreskin of your heart — to cut. The ant is therefore called nemala because of her defining trait: she cuts.

What is the proof? Chazal ask: if I am a farmer and I take a grain of wheat and sow it in the ground, after a while a field of wheat comes up. How is it then that in the ants' nest, where a great many grains of wheat are brought in and where rain falls, no field of wheat grows?
⭐ What the ant does in her wisdom — and this is also Shlomo HaMelech's point — is store food for the winter. But she must make sure no field of wheat sprouts from those grains. What does she do? When she brings the grain into the nest, she cuts it in two. She damages it, and it is no longer fit to produce a field of wheat. That is her wisdom — and that is why the ant is called nemala: because she cuts.

See how manifold are Your works, Hashem: how He gives wisdom to this tiny creature, so that she understands that were she not to do this she would never have anything to eat — for every grain she brought in would sprout into a field outside.

12 Half Hallel — why the joy of Rosh Chodesh is not whole

Tomorrow, please God, we will have Hallel — half Hallel. Why is the full Hallel not said on every Rosh Chodesh?

So that we should feel the festival: when there is full Hallel, those are the special days on which the whole Hallel is said. And in my humble opinion, one of the reasons is this: Rosh Chodesh is joyful, but it is not a whole joy — because in a whole joy we say the whole Hallel.

Why is Rosh Chodesh not a whole joy? You need to know that on Rosh Chodesh a particular korban is brought:

And one he-goat as a sin offering to Hashem Bamidbar 28:15

Meaning: we bring a korban chatat to atone, as it were, for a fault of the Holy One blessed be He. People look at me when I say it — but this is the subject, and it is hard to say: were it not written, I would not say it; but this is what is written.

Remember the creation of the world. It is written: And God made the two great lights — and then the greater light to rule the day, and the lesser light to rule the night. But at the start you said two great lights — how do you then continue and distinguish the greater from the lesser? Bereshit 1:16

The moon said: the sun and I are the same size, since You made two great lights; but it is impossible for two kings to wear one crown. Said the Holy One blessed be He: go and diminish yourself.

She answered: but what did I do? Did I say something wrong? I said something true. I did not say that I want to be the greater — I only said, think again whether it is possible for there to be two great ones; as far as I am concerned, let him be the greater. But I did not say it should be me: why are You diminishing me?

⭐ He tried to appease her in every manner, and nothing worked. In the end He said: my children will bring, every Rosh Chodesh — which is the renewal of the moon — a korban, an atonement for Me, for the fault I committed toward you.

Rosh Chodesh is therefore, on the whole, deeply joyful, since it opens the month — but it carries that taste in it: someone was wronged by the fact that there is a Rosh Chodesh. For that, half a Hallel is enough. This is the explanation I offer; there are surely better answers than this one.

13 Ki amilam — the ant inside tomorrow's Hallel

We have been speaking of the ant. Now pay attention to what we will say tomorrow:

From the narrow place I called upon Y-ah · It is better to take refuge in Hashem than to trust in man · All nations surrounded me: in the name of Hashem, ki amilam Tehillim 118

Have you ever asked yourself what that word means? They surrounded me, they also encircled me: in the name of Hashem, ki amilam. They surrounded me like bees, they were extinguished like a fire of thorns: in the name of Hashem, ki amilam. What is amilam?

It seems it should mean I will cut them off — but then a different word should have been written. How do you get from amilam to that meaning?
⭐ Then understand: the root of this word is נ-מ-ל — we are back at our ant! Or the root מ-ל-ל, lemolel. So what David HaMelech is saying here is: all these nations surrounding me — in the name of Hashem, I will crush them, I will grind them down, I will cut them off.

Mem-lamed yields lemolel or linmol, and it all belongs to the same matter: to score, to destroy, to erase. If I now take a blade of grass between my fingers and rub it like this — what am I doing? I am crushing it. Memolel. That is what David HaMelech says he will do to all the nations.

And that is what will be, please God, to all the nations that surround us: that the Holy One blessed be He cut them off and grind them down — and we, in the name of Hashem our God, will rise. Baruch Hashem le'olam, amen ve'amen.

🎯 Test Yourself

Five questions. Click on an answer.

1
According to Rashi, what is the role of the shotrim?
Judges rule the din; officers carry it out — with rod and strap — until the man accepts the ruling upon himself.
2
What are the seven gates of a man in this derasha?
Sefer Yetzirah notes them and the Shlah HaKadosh brings the derasha: seven openings to guard — what comes in and what goes out.
3
What did Rabbi Shimon ben Chalafta's experiment show?
He marked the first ant: the others smelled the grain and left it; only the one who had seized it came back and took it.
4
What conclusion does the Torah draw from the two readings of the ant?
The same act yields both "what integrity" and "what wickedness". Only the Creator knows how the machine works.
5
Why is the ant called nemala?
The same root as unemaltem of the brit mila — and as ki amilam in Hallel: to sever, to crush.

Result

📅 A seven-day programme — Shoftim · entering Elul
Sunday
Read Devarim 16:18 with Rashi. Notice the singular: you shall appoint, your gates.
Monday
The eyes — choose one thing today you will not look at. One only, held until nightfall.
Tuesday
The ears — refuse one conversation of lashon hara, even by simply staying quiet.
Wednesday
The mouth — check what goes in (kashrut) and what comes out (one good word said to someone).
Thursday
Learn Mishlei 6:6-8 and the Midrash of the ant. Ask where your own eye has already misled you.
Friday
Rosh Chodesh Elul — say half Hallel thinking of the diminished moon, and of the one who was wronged near you.
Shabbat
Shoftim — reread the inner-officer passage and appoint a judge for the year: a Rav you will actually ask.
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