Introduction: From Here Onward - Rebuke Directed at Jerusalem
Until now, Yeshayahu's prophecy dealt with the tribe of Judah as a whole. From verse 21 through verse 27, the prophet turns to deliver a prophecy concerning Jerusalem itself. As we will see later, this is not an arbitrary division: the primary rebuke up to verse 21 revolved around sins between man and God (sacrifices, prayer, repentance), whereas the rebuke from here onward addresses sins between man and his fellow man (forgery, fraud, perversion of justice).
"Righteousness Lodged in It" - Rashi's Commentary
אֵיכָה הָיְתָה לְזוֹנָה קִרְיָה נֶאֱמָנָה מְלֵאֲתִי מִשְׁפָּט צֶדֶק יָלִין בָּהּ וְעַתָּה מְרַצְּחִים׃ - How has the faithful city become a harlot! She that was full of justice, where righteousness lodged, but now murderers.
Rashi interprets "righteousness lodged in it" in two ways. First: the morning Tamid offering would atone for sins committed during the night, and the afternoon Tamid for sins committed during the day. Thus, a person who went to sleep in Jerusalem went to sleep as a righteous individual; righteousness literally lodged within it. Second: they would delay judgment overnight (melinim et hadin) in capital cases. The halachah dictates that when a person is judged on a capital charge and no exonerating factor is found on the first day, the verdict is not finalized that day; instead, they wait another night in the hope that someone might find an argument in his favor.
Regarding this matter, it is related that when that man was executed, an announcement was made that anyone who could argue in his favor should come forward and speak. The Gemara asks: Surely we do not seek exonerating arguments for an enticer to idolatry (a mesit umadiach), and that man practiced sorcery and enticed and led Israel astray? The Gemara resolves: it was done on account of the government, so they would not claim that he was executed without a fair trial. From here one learns the extent to which, in times when people were righteous, they did not rush to pass a death sentence; rather, "righteousness lodged in it" - they would wait and sleep on it overnight, in case an argument in his favor could be found.
481 Synagogues in Jerusalem
In the Pesikta, Rabbi Menachem the son of Rabbi Oshaya states: There were 481 synagogues in Jerusalem, corresponding to the numerical value of "mele'ati" (מלאתי - 481). Anyone familiar with the size of the Old City of Jerusalem, an area of merely about four square kilometers, understands how astounding this is: 481 synagogues in such a small space! Yet in that very same place, once packed with synagogues and righteous people, "and now murderers" - they murdered Uriah, they murdered Zechariah.
The Malbim: Astonishment at the Sudden Transformation
The Malbim explains that the prophet speaks here in poetic, figurative language, like someone who visited Jerusalem in the past and has now returned to visit it, standing in utter astonishment: this is not the city I once knew. When I saw it previously, it was a "faithful city, full of justice, righteousness lodged in it" - the pinnacle of righteousness, faith, and justice - yet now the entire place has turned to evil: "and now murderers."
And what troubles him? True, it can happen that a person was righteous and subsequently turned wicked, but the general rule is that the evil inclination does not seduce a person all at once. Rather, it tells him today to do this and tomorrow to do that, until it tells him to go worship idols. Deterioration is always gradual. Yet here it says, "righteousness lodged in it" - just last night there was righteousness here, and immediately "and now murderers." How could such a transformation happen in a single moment? It defies both nature and reason.
Two Perfections: Between Man and God, and Between Man and His Fellow
The Malbim explains that a person's perfection depends on two dimensions: between man and God (bein adam la-Makom), and between man and his fellow (bein adam la-chavero) - and neither can exist without the other. This is alluded to by the two joined Tablets: the first Tablet pertains to man and God, and the second Tablet to man and his fellow.
The Midrash relates that when Moshe Rabbeinu came down and saw the Golden Calf and sought to break the Tablets, the elders came and grasped one side while Moshe held the other, until his strength prevailed, and he pulled them from their hands and shattered them beneath the mountain. Ostensibly, what was this titanic struggle about? Rather, Moshe said: A nation worshiping idols, how can I give them the Torah? The elders came and seized the other side of the Tablets - the side governing interpersonal relations - and said to him: You are right regarding "I am the Lord" and "You shall have no other gods"; break that side. But the "Tablets" are two; leave one for us: Honor your father and your mother, You shall not murder, You shall not commit adultery, You shall not covet - these can still be given to this nation.
And how did Moshe prevail? He said to them: Notice that the word is written luchos without a vav (לֻחֹת), and defective spelling denotes something singular and unified. The Tablets appear to be two, but in truth they are one, and it is impossible to give one without the other. If you give interpersonal mitzvos without the relationship between man and God, that was the path of the Maskilim in Europe, who said, "Let us look after human morality." And what came of them? Assimilation and the Holocaust, may God have mercy. And the reverse does not exist either: there is no such thing as someone who is complete in matters between man and God - "What prayer he has, what a tzaddik!" - while he hurts people, insults others, and acts unfairly. He is no tzaddik at all. It is impossible to be righteous toward God without being upright toward one's fellow man.
According to this, the verse is exceedingly precise: "A faithful city" refers to perfection between man and God - faithful to her God, possessing genuine faith. "Full of justice" refers to perfection between man and his fellow, where there was no concept of robbery or murder. Thus the bewilderment is twofold: How could a city that was "a faithful city" betray Hashem Yisborach in an instant, and how could a city that was "full of justice" have its people turn all at once into murderers?
"Meratzechim" and Not "Rotzechim"
The Malbim analyzes the precise wording of meratzechim. In Hebrew grammar, there is a simple verbal conjugation (kal) and an intensive conjugation (kaved). Rotze'ach is in the simple form, whereas meratze'ach is in the intensive form. Why does Scripture employ this term? Because meratzechim denotes an organized ring and conspiracy of murderers, with leaders issuing orders and subordinates carrying them out - what today would be called an organized crime syndicate. Rotze'ach refers to an individual acting alone, whereas meratze'ach refers to a gang leader or one of his operatives, who have bound themselves into a syndicate of assassins.
A Witty Insight: Why Rush and Why Wait
In the sefer Misgeres HaSha'ar, a delightful homiletic explanation is offered. When a mitzvah or an act of charity is required of them, they immediately say: "Wait a moment, there is no need to rush. Let us examine whether he truly deserves it, whether this is the appropriate time, whether there is a surplus in the treasury." But when it comes to an act of wickedness or injustice, they never say, "Let us deliberate on the matter"; rather, they carry it out immediately. And this is the meaning of "righteousness lodged (yalin) in it" - in matters of righteousness they do not rush, they sleep on it for a night (yalin). "And now murderers" - to execute someone, it is "now," without waiting and without delay.
The Answer: The Corruption Began Long Ago
כַּסְפֵּךְ הָיָה לְסִיגִים סׇבְאֵךְ מָהוּל בַּמָּיִם׃ - Your silver has become dross, your wine diluted with water.
Here, the Malbim explains, the prophet answers anyone who wonders. Do not think that this happened in a single moment. The departure was gradual, day after day, and only now do you see the results. At first these corruptions were concealed and you did not notice them, but they were the root cause of what you now witness. "Your silver has become dross" - already in earlier times, a person would sell his fellow silver mixed with base metals, cheating him and claiming it was 24-karat gold when it was not even 14. And even before that, "your wine diluted with water" - related to the term zoleil v'sovei (a glutton and a drunkard) - the wine they sold was adulterated with water.
And why must this be interpreted this way? Because otherwise, the sequence of the verses is very puzzling. It is a fundamental rule in rhetoric that one progresses from the lesser to the greater. One would never say, "He murdered people, and he also failed to pay at the grocery store"; rather, one says, "He owed money, did not pay on time, and eventually even sank to murder." If so, how can Scripture speak of debased silver and watered-down wine immediately after declaring, "and now murderers"? What are such petty offenses compared to murder? Rather, this is a dialogue of question and answer: the astonished observer asks how such rapid deterioration could occur all at once, and the prophet answers that the iniquity began long ago in secret, advancing by degrees until they reached the state of "and now murderers."
"Your Princes Are Rebellious" - A Newspaper Headline
שָׂרַיִךְ סוֹרְרִים וְחַבְרֵי גַּנָּבִים כֻּלּוֹ אֹהֵב שֹׁחַד וְרֹדֵף שַׁלְמֹנִים יָתוֹם לֹא יִשְׁפֹּטוּ וְרִיב אַלְמָנָה לֹא־יָבוֹא אֲלֵיהֶם׃ - "Your princes are rebellious and companions of thieves; everyone loves a bribe and pursues payoffs; they do not judge the orphan, nor does the grievance of a widow come before them."
Anyone reading this verse might think he is reading a headline in today's newspaper. Our Sages already taught that any prophecy that was necessary for future generations was written down, and whatever was not necessary for future generations was not written down. Yeshayahu is speaking to our own generation.
Rashi explains rodef shalmonim ("pursues payoffs") from the root of tashlumim (payments), citing the Targum: one man says to another, do me a favor in my lawsuit, and I will repay you in your lawsuit. In other words, a corrupt judge who robbed someone is brought before another judge by the victim. What does this judge do? He goes to his colleague who is about to judge him and says: vindicate me today and acquit me, and I will repay the favor when they cry out against you before me. After all, tomorrow they will come to complain about you as well, and I will take care of things and acquit you.
This brings to mind the unfortunate man who threw a shoe at Justice Beinisch and received a three-year sentence. A journalist compiled a list of severe crimes that received lesser sentences: murder, robbery, rape, and other heinous offenses, where one received two years, another six months, yet the one who dared to throw a shoe served three years. This is the mentality of "scratch my back and I will scratch yours," keeping it all in the family. And this is the meaning of rodef shalmonim: you clear me today, and I will clear you tomorrow.
The Orphan and the Widow
"Nor does the grievance of a widow come before them." A widow would come to plead her case and encounter an orphan leaving the courthouse. She asks him: "What good did your crying out before the judge do? Did your protest against the violence and robbery done to you help at all?" He answers: "I toiled all day in this endeavor, and in the end it achieved nothing. As much as I shouted, as much as I spoke, it availed nothing." Immediately, she turns back and says: "If he, a man, accomplished nothing, then all the more so for me, a woman whose voice they are even less inclined to heed."
How precise the verse is: "They do not judge the orphan" - the orphan comes and cries out, but they refuse to judge his case. "Nor does the grievance of a widow come before them" - she does not even reach them, because at the very gate she makes a U-turn and goes home, realizing there is no point in speaking. As someone once remarked: in the supreme court, "justice" is merely the name of a planet.
The Malbim's Explanation: Princes, Bribery, and Payoffs
The Malbim explains that the primary cause of the nation's breaches was the princes, deputies, and leaders of the people. They strayed from the path and allied with thieves, striking a deal: the thieves gave them a cut of the stolen goods, and they turned a blind eye. Yet not all the princes engaged in this, which is why the prophet says, "Your princes are rebellious and companions of thieves," rather than saying all of them were. On the other hand, "everyone loves a bribe" - when it came to bribery, all of them were equal. Not everyone was daring enough to forge formal pacts with thieves, but when someone came forward to pay a bribe to win his case, no one was repulsed by it, and not a single one was found innocent.
From here, the Malbim offers a brilliant and original insight into rodef shalmonim: it is not derived from tashlumim (payments), but from shalom (peace). When a judge took a bribe from only one side, his conscience was not at ease, since the other litigant was also eager to pay. So what did he do? He took from both - a thousand from this one and a thousand from that one, as in "neither withdraw your hand from this." Once he accepted bribes from both sides, he could no longer render a true judgment, for at the end of the day one party would complain that he gave a bribe and received nothing in return. Therefore, he had no choice but to make "peace" - that is, force a compromise. Each party then leaves feeling he gained something, that he got his money's worth. Thus, because "everyone loves a bribe," he inevitably "pursues compromises [shalmonim]," chasing after a negotiated settlement.
The orphan, however, does not offer bribes at all; he does not know the schemes and gives nothing, so consequently "they do not judge the orphan": they neither judge nor compromise his case, for what profit is there in it? And what is the difference between him and the widow? The Malbim explains: the legal case of the orphan is entrusted to the court, who are called the "father of orphans," and its laws are clear and well-defined, yet they still refused to judge him. The grievance of the widow, on the other hand, depends on contracts, on what is written in the ketubah, on whether her husband deposited collateral with her during his lifetime, and on many other conditions; her case is not clear-cut and requires careful study, investigation, and asking all the right questions. With that, they did not want to bother at all, and therefore it "does not come before them."
The Prophet as an Expert Physician
The Malbim explains: the Divine rebuker comes to heal the breach of the daughter of his people, arranging his words like an expert physician seeking a cure for a fatal illness. A physician proceeds in three stages. First, he seeks to understand the nature and essence of the illness - what we today call a diagnosis. Second, he searches for the proximate cause that brought about the illness. Third, he searches for the primary root cause. For example: he diagnoses pneumonia, discovers that the patient worked outside in the rain yesterday, and uncovers that the root cause is a prolonged immune deficiency caused by a lack of vitamins.
So too here. The nature of the illness: "How has she become a harlot... and now murderers," a terrible and horrifying state. The proximate cause: "Your silver has turned to dross." The primary root cause: "Your princes are rebellious," for the leaders were the ones who rebelled, and this naturally affected the entire nation. And just as a dedicated physician first removes the illness itself, then eliminates the proximate cause so it does not recur, and finally cures the primary cause so that the problem will never return, so will the Holy One, blessed be He, do. From here onward, the prophet begins to detail this process.
Do Not Blame Everything on the Leaders
Before moving forward, there is a wonderful explanation. When the leaders do not walk in an upright path, the people follow them like a herd. And when the prophet comes to rebuke the people, what do they answer him? "Your princes are rebellious and companions of thieves, everyone loves a bribe and chases rewards, they do not judge the orphan" - look at what kind of leaders we have! With leaders like these, what do you want from us? In other words, they exonerate themselves and pin the blame on the leaders: why do you call us, "Woe to a sinful nation, a people heavy with iniquity, offspring of evildoers, corrupt children"?
מִכַּף־רֶגֶל וְעַד־רֹאשׁ אֵין־בּוֹ מְתֹם פֶּצַע וְחַבּוּרָה וּמַכָּה טְרִיָּה לֹא־זֹרוּ וְלֹא חֻבָּשׁוּ וְלֹא רֻכְּכָה בַּשָּׁמֶן׃ - From the sole of the foot to the head there is no sound spot in it; a wound, and a bruise, and a fresh sore, they have not been squeezed out, nor bound up, nor softened with oil.
To this the prophet replies: when I look, I see from the sole of the foot to the head. This is not a case where the fish merely stinks from the head, rather the corruption runs from top to bottom, across all strata of the nation. One cannot pin the deterioration solely on the upper echelon - on the leaders, judges, and officers - for "from the sole of the foot to the head there is no sound spot in it."
And having mentioned "from foot to head," one of the great Torah leaders offered an insightful thought for the days following Rosh Hashanah: A person arrives at Rosh Hashanah and repents, but afterwards, unfortunately, returns to his old ways. Concerning this, the prophet says, "From foot to head there is no sound spot in it" - from the end of the regel (the festival, immediately after Sukkot) until the rosh (the following Rosh Hashanah), there is no sound spot in him; he is full of sins and transgressions, wound, bruise, and fresh sore. Therefore, be vigilant: the moment the festival ends, redouble your efforts in Torah, attend the Beit Midrash, strengthen your devotion to Torah study, so that from the festival's end until Rosh Hashanah, everything will be spent in holiness and purity.
Stage 1: Removing the Illness Itself
לָכֵן נְאֻם הָאָדוֹן יְהֹוָה צְבָאוֹת אֲבִיר יִשְׂרָאֵל הוֹי אֶנָּחֵם מִצָּרַי וְאִנָּקְמָה מֵאוֹיְבָי׃ - Therefore says the Master, Hashem of Hosts, the Mighty One of Israel: Ah, I will ease Myself of My adversaries, and avenge Myself on My enemies.
Why does it use the term "the Master" here? To tell you that all are His servants, and a servant who rebels against his master deserves punishment. And why "Hashem of Hosts"? Because sometimes there is a king who lacks the power to punish, having no army and no soldiers. But the Holy One, blessed be He, is not only Master but also Hashem of Hosts; all the legions of above and below are in His hand, and He possesses the power to punish.
And what is the difference between "I will ease Myself of My adversaries [tzarai]" and "avenge Myself on My enemies [oyvai]"? The Malbim explains: tzarim are those who cause active distress to others, while oyvim are enemies who act out of hatred. "My adversaries" refers to interpersonal sins: a person who distresses his fellow and robs him is not waging war against Hashem; he does not act out of defiance, but simply desires money. He cannot be called an enemy of Hashem, yet he is categorized as an oppressor. Regarding these, Hashem says: If they were only adversaries, I would, so to speak, console Myself from them; I would not crave vengeance against them. But "My enemies" refers to those who deny Hashem and reject His Providence. With them there is no room for mere consolation, but rather "and avenge Myself on My enemies," for they act with deliberate intent to deny Hashem.
And this is the removal of the illness itself. "How has she become a harlot" - by removing those who stray from Me, the heretics, and taking vengeance upon the enemies, I have removed the tumor from the body. And regarding "and now murderers," which relates to interpersonal sins, it is said: "I will be comforted of My adversaries."
Stage Two: Cleansing the Immediate Cause
וְאָשִׁיבָה יָדִי עָלַיִךְ וְאֶצְרֹף כַּבֹּר סִיגָיִךְ וְאָסִירָה כׇּל־בְּדִילָיִךְ׃ - And I will turn My hand upon you, and refine your dross as with lye, and remove all your tin.
"And I will turn My hand upon you" - Rashi explains: blow after blow until the transgressors are eliminated. "Kabor" (as with lye) comes from the word *borit* (cleanser), and Rashi writes: *savon* in the vernacular (Old French). That very soap of ours is already mentioned in Rashi, and in Lashon HaKodesh it is *borit*, denoting cleanliness, as in "bar leivav" (pure of heart), one whose heart is clean.
There are two actions here. First, "and refine your dross as with lye" - the silver is refined in the crucible, separating from it the dross and the tin alloyed with it. And afterwards, "and remove all your tin" - once the silver is apart and the tin is apart, the tin can be eradicated so that it ceases to exist in the world entirely. For what leads cheaters and counterfeiters of metals to mix tin into silver? The very existence of tin. If there were no tin in the world, the silver would remain in its purity. So too here: the wicked are mixed among the righteous like dross mixed in silver. First I will separate them, and once they are recognized on their own, I will cut them off and eliminate them from the world.
Stage Three: Healing the Primary Cause - The Judges and Counselors
וְאָשִׁיבָה שֹׁפְטַיִךְ כְּבָרִאשֹׁנָה וְיֹעֲצַיִךְ כְּבַתְּחִלָּה אַחֲרֵי־כֵן יִקָּרֵא לָךְ עִיר הַצֶּדֶק קִרְיָה נֶאֱמָנָה׃ - And I will restore your judges as at the first, and your counselors as at the beginning; afterward you shall be called the city of righteousness, the faithful city.
Here the Malbim offers a wonderful explanation. What is the difference between judges and counselors, and why is "as at the first" (*keva'rishonah*) said of the judges, while "as at the beginning" (*kevat'chilah*) is said of the counselors?
First, "your judges" refers to those who judge in interpersonal matters, in material and earthly affairs - a dispute you have with your fellow. "Your counselors" are those who guide in spiritual matters. Although a counselor can also exist in material affairs, when a counselor appears in contrast to a judge, the judge addresses the material and the counselor addresses the spiritual.
Second, "keva'rishonah" (as at the first) is said of something that had a second state after it, and now returns to being like the first. "Kevat'chilah" (as at the beginning) is said of something that returns to what it was at the outset, having never had an altered intermediary state. Examples: With Yarov'am, it says, "and his hand was restored to him, and became as at the first" (*keva'rishonah*) - for at first his hand was healthy, then he said "Seize him!" and his hand withered, and after prayer was made for him it returned as at the first, because there was a second state. By contrast, regarding the cows that came up from the Nile, it says, "and they were still ill-favored, as at the beginning" (*ka'asher bat'chilah*), because they were never fat and then thin; they were always lean, and therefore "as at the beginning." Similarly with Avraham: "to the place where his tent had been at the beginning" (*bat'chilah*), because he had no other place; whereas regarding the altar it says, "to the place of the altar which he had made there at first" (*ba'rishonah*), because he built the altar twice.
Now note carefully: "judge" is a title applied even to a wicked judge - he may judge unjustly, but he is still a judge; he holds the office of a judge. But "counselor" is only ever applied to one who counsels for the good. There is no such concept as a counselor for evil; one who gives bad advice does not bear the title of counselor. Therefore: regarding judges, there were initially righteous judges and later wicked judges, so it is appropriate to say "and I will restore your judges as at the first" - that they return to being like the first, righteous ones. But regarding counselors, there was no second set of wicked counselors, since the wicked do not merit the title of counselor; rather, counselors simply ceased to exist. Therefore it says "and your counselors as at the beginning" - that there should be counselors just as there were from the start, with no evil counselors having succeeded them at all.
"The City of Righteousness, the Faithful City"
Why the repetition, and why didn't it say "a faithful city, a town of righteousness" (ir ne'emanah, kiryat hatzedek)? Anyone who studies with the Malbim knows that everything is written with exact precision. The difference between an ir (city) and a kiryah (fortified town): a kiryah is surrounded by a wall, it has walls (kirot), and that is the source of its name. A plain ir is without a wall, an open town (arei perazot), sitting exposed and open.
"Righteousness" (tzedek) pertains to matters between man and his fellow man, while "faithful" (ne'emanah) refers to faithfulness to Hashem, between man and God. In matters between man and his fellow, justice and righteousness must be visible. Therefore, Chazal said that one who sins against his fellow should stand in the synagogue before everyone and say, "I have sinned against so-and-so," and ask him for forgiveness. He should not say, "Fortunate is he whose transgression is forgiven, whose sin is covered" (Tehillim 32:1), thinking that a person must conceal his sins, because regarding sins between man and his fellow, one must not cover his sins. By contrast, faith between you and Hashem belongs to the hidden recesses of the heart, and a person does not need to display it outwardly.
Therefore: "You shall be called the city of righteousness" - righteousness between man and his fellow is in public, like an open city without walls. "The faithful town" - faithfulness between man and God is an internal matter of conscience, and therefore it is called a kiryah, which has walls (kirot), like something enclosed and inward.
"Zion Shall Be Redeemed with Justice"
צִיּוֹן בְּמִשְׁפָּט תִּפָּדֶה וְשָׁבֶיהָ בִּצְדָקָה׃ - Zion shall be redeemed with justice, and those who return to her with righteousness.
The Malbim establishes a rule: when righteousness (tzedakah) and justice (mishpat) appear together in a verse, tzedakah refers to duties between man and God, and mishpat to duties between man and his fellow. Tzedakah on its own can refer to either domain, but when they appear together, mishpat is always between man and his fellow, as in "let us step forward and be judged together" - going to the judge of those days. And tzedakah means being righteous between oneself and Hashem, as it is written: "He performed Hashem's righteousness and His ordinances with Israel" (Devarim 33:21) - Hashem's righteousness between man and Him, and His ordinances with Israel between you and your fellow.
Now, having concluded the prophecy, the Malbim summarizes: most of the rebuke from the beginning of the chapter until verse 21 is directed to the tribe of Judah as a whole, focusing primarily on sins between man and God - sacrifices, prayer, repentance. Most of the rebuke from "How has she become a harlot" onward pertains to the inhabitants of Jerusalem in particular, focusing primarily on sins between man and his fellow - forgery, fraud, lack of justice and righteousness. The explanation is natural and understandable: commerce took place in the city, the judges sat in the city, and all matters between man and his fellow are far more prevalent inside an urban center. Such is the way of the world: when people live together in a dense, enclosed community, there is far more friction between them, whereas among those scattered throughout the countryside, friction is minimal. Therefore, Judah as a whole fell short in matters between man and God, while Jerusalem fell short in matters between man and his fellow.
Therefore, each will be rectified in the exact area where they faltered: "Zion," the royal capital that sinned in matters between man and his fellow, "shall be redeemed with justice" - when it returns to executing justice and righteousness is fully restored within it. "And those who return to her," referring to the members of the tribe of Judah returning from exile to their ancestral lands, "with righteousness" - when they cultivate the righteousness of duties between man and God, returning to do Hashem's will.
A clever homiletical insight is offered on this verse. The Gemara teaches that if a man's wife is taken captive, he is obligated to redeem her, as this is one of the conditions of the ketubah. However, this applies only the first time. If she is captured a second time, he is not halachically obligated to redeem her; doing so is purely an act of lovingkindness. This is the allusion in "Zion shall be redeemed with justice (mishpat)" - the first time, in accordance with the law (mishpat), there is an obligation to redeem her. "And those who return to her" (read homiletically as ve-shavah, if she was captured again) "with righteousness (tzedakah)" - if Hashem redeems her, it is purely an act of charity (tzedakah). As if the Holy One, Blessed be He, says: There is a ketubah between Me and you, and the first time I am obligated to redeem you; but you went into exile a second time, and if I redeem you, it will be solely as an act of lovingkindness and charity.
The Destruction of the Transgressors and the Sinners
וְשֶׁבֶר פֹּשְׁעִים וְחַטָּאִים יַחְדָּו וְעֹזְבֵי יְהֹוָה יִכְלוּ׃ - And the destruction of transgressors and sinners shall be together, and those who forsake Hashem shall be consumed.
This verse, the Malbim explains, is a continuation of the preceding one. At the very same time that Zion is redeemed through justice and the returnees return, at that precise moment Hashem will take retribution against the transgressors and sinners, crushing them and punishing them, and it will all occur "together."
What is the difference between an avon (iniquity), a pesha (transgression), and a chet (sin)? This is a fundamental principle that the Malbim clarifies in several places. "Avon" is related to the word for distortion (ivut), denoting an intellectual distortion: a person who denies the truth, declaring that there is no Creator or that Hashem never commanded such a thing. This is heresy, an aberration of the intellect. A "poshea" (rebel) and a "choteh" (sinner), on the other hand, both believe in Hashem and the mitzvos, yet fail to do His will. The poshea rebels against his Master and casts off the yoke: he admits that there is a Creator and that there are mitzvos, but simply says, "I do not feel like it; I refuse." The choteh does not act out of rebellion; he too acknowledges that there is a Creator and there are mitzvos, but excuses himself by saying, "What could I do? The yetzer hara overpowered me." Not that it is truly stronger than him, but that is how he justifies his actions.
Therefore, "the destruction of transgressors and sinners shall be together": even though the rebel's guilt is far graver than that of the common sinner, their ruin will come as one, and misfortune will strike them together. The sinner will not be able to evade accountability by arguing, "I never denied Hashem; I merely stumbled out of weakness," for in the end, their downfall will be identical.
Two Factions of Idolaters
כִּי יֵבֹשׁוּ מֵאֵילִים אֲשֶׁר חֲמַדְתֶּם וְתַחְפְּרוּ מֵהַגַּנּוֹת אֲשֶׁר בְּחַרְתֶּם׃ - For they shall be ashamed of the terebinths that you desired, and you shall be humiliated by the gardens that you have chosen.
The word "eilim" (terebinths) is also related to el, referring to idols. The Malbim explains that there were two distinct factions at the time, and both are hinted at by the two verbs in the verse. What is the difference between desiring something (chamad) and choosing it (bachar)? Desire stems from emotional craving, where the heart yearns for something. Choice, however, is a function of the intellect, where the mind deliberates and resolves that this path is preferable to another.
"For they shall be ashamed of the idols that you desired" - there were those who served idols out of sheer emotional impulse, led astray by their imagination to believe that something sublime and divine was present, and so they craved it. "And you shall be humiliated by the gardens that you have chosen" - these were the ones who embraced idolatry on an intellectual basis, arguing: "My friend, this idol worship is practical; it channels abundance; look, I have proof." This represents a person who denies Hashem through flawed intellectual reasoning. They would erect their idols in their private gardens, believing that the idol had the power to draw down celestial influence and bring rain upon their fields. Thus the verse specifies, "by the gardens that you have chosen."
Bosha, Kelimah, Cherpah, and Chefer: Degrees of Shame
The Malbim distinguishes between four biblical expressions of shame. "Bosha" is internal embarrassment, when a person feels ashamed of himself. "Kelimah" and "cherpah" occur when another person shames him, insulting or disgracing him publicly. Cherpah is more severe than kelimah, because a person might insult someone for no reason at all, but one is rarely subjected to cherpah (censure) without some valid pretext. Similarly, "chefer" is a deeper humiliation than bosha, as in the verse, "Then the moon shall be humiliated (vechafrah) and the sun shall be ashamed (uvoshah)."
Therefore, those who served idols out of emotional desire - "shall be ashamed" (yevoshu); they will feel internal embarrassment when they see that the deity they craved and yearned for availed them nothing. But those who served idols out of intellectual conviction and ideology, placing them in their gardens to draw down bounty - "shall be humiliated" (tachperu), and their public disgrace will be far greater.
Measure-for-Measure Retribution
כִּי תִהְיוּ כְּאֵלָה נֹבֶלֶת עָלֶהָ וּכְגַנָּה אֲשֶׁר־מַיִם אֵין לָהּ׃ - For you shall be like a terebinth whose leaf withers, and like a garden that has no water.
Here the Malbim illustrates how precisely the punishment corresponds to the sin, both in quality and in degree. Those who craved the idols, assuming they possessed intrinsic divine power of their own, will become like a terebinth whose leaves wither: the tree remains planted in the ground and still has roots, but its natural moisture has dried up and it can no longer draw nourishment. They will be depleted of their own vitality, yet some hope remains: if heavy, abundant rains fall, the roots may revive to bear fruit, and the tree may grow once more.
But those who chose gardens - who thought that all abundance comes from idolatry and did not believe at all in the supreme spiritual flow - will be like a garden that has no water. Vegetables without water die completely, rot, and become nothingness and void, unlike a tree, which can stand for years even after it withers. They will no longer be worthy of the supreme spiritual flow, and their destruction will be total, such that they will never return to their former state.
The Sin Itself Burns Its Master
וְהָיָה הֶחָסֹן לִנְעֹרֶת וּפֹעֲלוֹ לְנִיצוֹץ וּבָעֲרוּ שְׁנֵיהֶם יַחְדָּו וְאֵין מְכַבֶּה׃ - "And the strong one shall become tow, and his work a spark, and both shall burn together, with none to quench them."
"The strong one" is the powerful person, and he will become tow. "And his work" - the idol that he fashioned and made with his own hands - will become a spark. The spark will ignite the tow, and both will burn together with none to quench them. That is to say, the idolatry itself is what burns the person; the sin itself burns its master, and the transgression itself is what destroys him. There is no external punishment here; rather, the destructive force created by the person is what exacts retribution from him.
The Vilna Gaon's Explanation: Shame in Private and Disgrace in Public
The Vilna Gaon explains the verse in Mishlei, "A son who plunders his father and drives away his mother brings shame and disgrace," and through this same explanation, our verses are also illuminated. He plunders his father inside the house, but he drives his mother out of her home. The father's humiliation remains within the walls of the house, whereas the degradation of the mother, who was chased from her home by the son's deeds, is visible to all.
And what is the difference between meivish (shaming) and machpir (disgracing)? The Gra explains: bushah (shame) is in private, while chafirah (disgrace) is in public. A proof for this comes from the verse, "Then the moon shall be confounded (vechaferah) and the sun ashamed (uvoshah)": the moon's place is in the lower firmament, and therefore its disgrace is in public, hence "vechaferah"; while the sun is in the upper firmament, and its shame is concealed, hence "uvoshah."
According to this, we can understand the verse, "For they shall be ashamed of the terebinths which you desired, and you shall be humiliated by the gardens which you have chosen." They practiced two types of idolatry. Some worshiped something that endures permanently, like stone and wood, and their aim was to merit eternal life in the World to Come. Others worshiped something that does not last forever but is only temporary, such as a lamb or the like, and their aim was temporary benefit in this world. These are the "terebinths" and the "gardens": the terebinths are large trees, something enduring - some ancient trees have stood since the six days of Creation. Gardens, by contrast, are planted by human beings, mostly consisting of vegetables, something that does not endure.
Now, as for those who worship for the sake of the World to Come, where will their shame be? When they arrive there and see that the idol they served is not waiting for them with a full treasury, and it becomes clear that they invested in vanity and emptiness. This shame occurs after death, and people here do not see it; therefore, the term "they shall be ashamed" (yeivoshu) applies to it, for it is in private. In contrast, for those who worship for the sake of this world, their shame is right here: a week passes, two weeks, a month, two months - you hoped for abundance, livelihood, health, and success, yet your hopes were dashed, and the humiliation is open for all to see. Therefore, Scripture specifically says "and you shall be humiliated" (ve-tachperu).
The Gra adds further: Why does Scripture say regarding the terebinths "which you desired" (chamadtem), but regarding the gardens "which you have chosen" (bechartem)? Because the World to Come is something that everyone desires and yearns for, the wicked and the righteous alike; therefore, "you desired." But the gardens, which represent the desires of this world - the righteous do not yearn for them and do not seek possessions and worldly achievements here. Therefore, Scripture specifically uses "you have chosen": you chose the lusts and pleasures of this world, and that is why you worship them.
From here, the Gra returns to Mishlei: "He who plunders his father" corresponds to "a son who brings shame" (meivish), for shame is in private - he torments his father within the walls of the house where no one knows. "And drives away his mother" corresponds to "and disgrace" (umachpir), for he causes his mother to flee the home, and everyone sees and asks what happened and why she left, so the disgrace is exposed before all eyes. Chafirah is public degradation.
In summary:
In this part of the chapter, the prophet turns to Jerusalem, wondering like a person returning to a city he once knew: How did a "faithful city" in matters between man and God, and "full of justice" in matters between man and his fellow, turn overnight into "now murderers"? His response is like that of an expert physician: first the diagnosis, followed by the immediate cause - "Your silver has become dross," for the corruption began gradually and in secret long ago, and finally the primary cause - "Your leaders are rebellious," for the princes, who love bribes and chase after payoffs, were the ones who corrupted the people; and yet, "from the sole of the foot to the head there is no soundness in it," and not everything can be blamed on the leaders. In that exact same order comes the healing: "I will take comfort from My adversaries and avenge Myself on My enemies" to remove the illness; "And I will purge away your dross as with lye" to clear the immediate cause; "And I will restore your judges as at first and your counselors as at the beginning" to uproot the root cause. And then, "you shall be called the city of righteousness, the faithful city," and "Zion shall be redeemed with justice, and her returnees with righteousness," each rectified in the very area in which he faltered. Meanwhile, those who forsake Hashem and choose idols will perish, for the sin itself is the spark that burns its perpetrator, with none to extinguish it.