387- A Decent Judge and an Indecent Judge
Baal HaTurim interprets the words, “The portion ‘Judges’ was placed adjacent to the portion ‘Altar,’ to tell you that one who appoints a decent judge, it is as though he built an altar.” He learns this from what our sages said, “One who appoints an indecent judge, it is as though he built a stage by the altar” (Sanhedrin 7b). This means that if he appoints a decent judge, it is as though he built an altar.
To understand his words, we must interpret what is an altar, what is a judge, and why an indecent judge is as one who seemingly plants an Asherah next to the altar, and what is an Asherah.
A “judge” means as our sages said, “No calamity comes to the world but because of the judges of Israel” (Shabbat 139a). We should ask, Is there no one crueler than the judges of Israel, that because of them calamity comes to the world?
However, this is as we said several times about the verse, “You shall appoint judges and officers in all your gates.” This means that in everything that one debates whether or not to do the act, he has judges, meaning he has thoughts and views that lean to this side or the other.
This is called “the judges of Israel.” Within every person there are judges that judge everything, whether it is worthwhile. If the judge is honest, it is considered that he builds an altar, and The Zohar calls “an altar” Malchut, which is permanent.
It was said that by this he sacrifices the evil inclination, as our sages said, “He who wants to live will put himself to death,” as well as “The Torah exists only in one who puts himself to death over it,” since before he takes upon himself the burden of the kingdom of heaven, he is called a “gentile,” and it is forbidden to teach Torah to idol-worshippers. As Baal HaSulam said, any place that is forbidden means that it is impossible even if he wants to.
Therefore, if he is a decent judge, it is as though he builds an altar, and if he is an indecent judge, it is as though he plants an Asherah, which is idol-worship, by the altar. In other words, where he should have built an altar, he builds idol-worship and says it is an altar.
Asherah comes from the word Osher [happiness]. That is, when he feels happy through his work in Torah and Mitzvot [commandments] in which he engages, meaning when the body and reason agree that the matter is worthwhile. But if reason does not agree, he cannot work above reason, so this is called idol-worship in the manner of Asherah.
Conversely, an altar must be acceptance of the burden of the kingdom of heaven above reason. This is called an “honest judge,” who can rule that we must go above reason, and his external reason does not decide. But one who is dishonest, understands that everything must follow his own intellect, which is within reason.