In Parshat Korach, Bamidbar 16:12 we read:
Moshe sent forth to summon Datan and Aviram, the sons of Eliav, but they said, “We will not go up!”
Both Rashbam and Chizkuni point out that it is common to say that one “goes up” for judgment.
We see that one “goes up” for judgment in the case of Yibum, Levirate Marriage (Dvraim 25:7):
If the man does not wish to marry his brother’s widow, she shall go up to the elders at the gate and say, “My husband’s brother refuses to perpetuate his brother’s name in Israel.”
With Devora the prophetess as well, the people “went up” to her for judgmant (Shoftim 4:4-5):
Devora was a prophetess, the wife of Lapidot, she was judging Israel at the time. She sat beneath Devora’s palm between Rama and Beit El in the Efrayim hills; B’nai Yisrael would go up to her for judgment.
Even people that lived north of Beit El were considered to “go up” to Devora because we are speaking spiritually and not geographically.
In Megilat Rut 4:1 we also see that one “goes up” for judgment:
Boaz went up to the city gate and sat down and the very redeemer of whom he had spoken passed by.
The gate of the city in Biblical days was the entrance to the city. It was where public gatherings took place as well as business transactions, court cases and even worship.
The elders would sit at the gate and judge the people.
When a man did not want to perform Yibum (marry his sister in law after his brother died leaving no children behind), the elders would do the Chalitza ceremony at the gate (in order to free the widow so that she could be married again) as we read (Dvarim 25:8-10):
Then the elders of his city shall summon him and speak to him, and he shall stand and say, “I do not wish to marry her…”
In Megilat Ruth (3:11) as well, we see that all of the trusted people are called the “men in the gate of my people”:
And now my daughter, do not fear; whatever you say, I will do for you; for all of the men in the gate of my people know that you are a worthy woman.
It is at the gate that Boaz set up Ruth’s redemption (Ruth 4:1-11):
Boaz went up to the city gate and sat down and the very redeemer of whom he had spoken passed by. He said, “Come over, sit down here, Ploni Almoni.” And he came and sat down. He then took ten men of the elders of the city, and said, “Sit here,” and they sat down…Then all the people who were at the gate, and the elders, said, “We are witnesses! May God make the woman who is coming into your house like Rachel and like Leah, both of whom built up the house of Israel.”
When one goes up for judgment they are elevating themselves spiritually. The fact that Datan and Aviram did not want to go shows their flawed character traits. They preferred to be on Korach’s side rather than on Moshe’s.
We need to make sure that the religious courts in Israel today are places with high morals and spirituality and that the judges are as sensitive and trustworthy as Devora and Boaz.
Sadly, since October 7, 2023, 879 soldiers fell in battle. The wives of the soldiers who did not have children are obligated in Chalitza as we don’t practice Yibum today. If the soldier’s brother refuses to perform Chalitza, is unavailable or unable to do so, the widow is not able to get remarried until the situation is worked out. This is an extremely delicate issue. Some of the widows are as young as nineteen years old, some have only been married for a few months. The courts must deal with these situations carefully and with as much sensitivity as possible so that the widows don’t have to go through more anguish than they already had to endure.
May we hear good news!
