Hashivah Shofteinu: justice

A medieval scholar always wondered about the ending

The Tur (a code of Jewish law from the 1300s) quotes his brother, Rabbi Yechiel. He had always wondered why this blessing, unlike all the others, ends by calling God "King." He felt he was not allowed to change what everyone says. But he heard that in Provence (southern France) they leave out "the King," and that seemed right to him. He says he discussed it with their father, the Rosh (a leading rabbi of Germany and Spain), who agreed with him.

The last line is not the same in every siddur

Our Siddur Sefard says "reign over us quickly" and "find us in the right with righteousness and justice." The usual Ashkenaz siddur has no "quickly" and says only "find us in the right with justice." The Rambam (Rabbi Moshe ben Maimon, 1100s) wrote out the prayers in his law code, the Mishneh Torah. His text has neither "quickly" nor "find us in the right." It is one list: kindness, compassion, righteousness and justice.

Could people appoint the judges themselves?

This is about ordaining judges, not a comment on the prayer. The Rambam writes that it seems to him that if all the sages in the Land of Israel agree to appoint and ordain judges, the ordination holds. Then he adds that the matter still needs a decision. Rabbi Moshe di Trani, writing in Tzfat, says that about ten years earlier most of the sages in the Land of Israel agreed to ordain Rabbi Yaakov Berab, who ordained some of his students.

God is lifted up by the justice people choose

The Maharal (Rabbi Judah Loew of Prague, who lived in the 1500s) points to a verse in Yeshayahu: "Hashem of Hosts is raised up through justice." He says God is lifted up most when justice is done down here by people, not when God does it alone. When people themselves want justice and carry it out, he writes, they accept the King of Justice over themselves and raise Him up. Now read "reign over us" again.

ובזה ממליכין את המלך המשפט כאשר התחתונים עצמם רוצים במשפט כאשר עושים משפט

Why a blessing about judges says "King"

The blessing ends by calling God "King, Lover of righteousness and justice." Rabbi Natan of Breslov (the main student of the Chassidic teacher Rebbe Nachman, who wrote in the 1800s) explains why this blessing names God as King. The core of being a king, he says, is the justice that comes out of him. He quotes Mishlei: "A king sets the land standing through justice." A kingdom is put right mainly through justice.

עקר המלכות הוא המשפט שיוצא ממנו

A people thinks what its leaders think

The Sefat Emet (the Gerer Rebbe, a Chassidic leader in Poland who wrote in the late 1800s) comments on the Torah portion about appointing judges. He says Israel follows its judges, who are called "the eyes of the community." They are the mind and brain of the people. And the thoughts and wishes of everyone follow the leaders and the great righteous people of their time. That is why, he says, we ask to have our judges back.

בנ"י נמשכין אחר השופטים שנק' עיני העדה והם הדעת והמוחין של בנ"י

Worry is about tomorrow. A sigh is about yesterday.

Why would a prayer about judges ask to remove "sorrow and sighing"? Rabbi Yechezkel Panet, a rabbi who wrote in the early 1800s, asks this himself. He splits the two words. Sorrow (yagon) is worry about the future, about what will be. Sighing (anachah) is about the past. In his reading, we ask not to need to worry ahead, because our effort will not be wasted, and not to need to sigh afterward, because God's eyes are open for our good.

יגון שייך על עתיד הדואג על מה שיהיה ואנחה שייך על העבר

Make us fit for You alone to be King

Rabbi Alexander Ziskind of Grodno wrote a guide to serving God in the 1700s, with what to think about during each blessing of the Amidah. At "reign over us, You alone," he says it is good to let tears come, thinking: how long will a holy people be looked down on among the nations, so that God's great name is dishonored? At the least, say this blessing with a broken heart. And at "find us in the right," he says to have in mind: make us fit for You alone to reign over us.

כדי שנהיה ראוי שתמלוך אתה עלינו לבדך

What do I say instead in the Ten Days of Repentance?

From Rosh Hashanah through Yom Kippur, end with HaMelech HaMishpat, "the King of Justice," in place of Melech Ohev Tzedakah UMishpat. The Shulchan Aruch (the main code of Jewish law) rules this, following the Gemara in Berakhot 12b.

I said the usual ending in the Ten Days by mistake. Do I start over?

Not if you said "Melech Ohev Tzedakah UMishpat." The Rema (Rabbi Moshe Isserles, who added Ashkenazi practice to the Shulchan Aruch) rules you do not go back, since you still said "King." Going back applies only where people say "HaEl" ("the God") there all year. The Mishnah Berurah (a central commentary on daily law, around 1900) follows him. The Taz (a 1600s commentary) says it is right to pray again, as a voluntary prayer.

What if I catch the mistake right away?

Then say HaMelech HaMishpat and keep going. The Shulchan Aruch rules that if you fix the ending right away, you do not go back. The Mishnah Berurah adds: if you notice right after saying "UMishpat," say HaMelech HaMishpat too. If you notice later, do not say it, and you are not sent back. This siddur's own note says the same. "Right away" is about the time of three words (Mishnah Berurah's measure for the matching rule on HaMelech HaKadosh).

Does it matter if I leave out the first "ha" in HaMelech?

Say it with both ha's. The Mishnah Berurah warns to be careful, because some authorities say you have not fulfilled the duty with just "Melech HaMishpat." But if you did say it that way, he says do not go back. The Kaf HaChaim (a Sephardic law commentary, early 1900s) agrees. The Shulchan Aruch HaRav (the code of Rabbi Shneur Zalman of Liadi, the first Chabad Rebbe) says the phrase means "King of Justice."

I said HaMelech HaMishpat in the middle of the year. Do I repeat?

No. The Mishnah Berurah rules that if you said HaMelech HaMishpat or HaEl HaMishpat during the rest of the year, you have fulfilled your duty. The Kaf HaChaim agrees. The Atah Kadosh prayer covers the matching rule for HaMelech HaKadosh: saying the Ten Days wording out of season does no harm.

I follow Chabad custom. Is the ruling different?

A little. The Shulchan Aruch HaRav agrees you do not go back to the start of the Amidah after saying "Melech Ohev Tzedakah UMishpat," since you said "King." Some say to go back to Hashivah, but a doubt about a blessing is ruled leniently, so you do not go back, to avoid a blessing said for nothing. But if you only notice after stepping back at the end, he says it is good to pray again, as a voluntary prayer.

I follow Sephardic custom. Is the ruling different?

Most say you do not go back. The Kaf HaChaim (a Sephardic law commentary, early 1900s) follows that majority, and adds that you should not pray again as a voluntary prayer, since that needs great focus. The Ben Ish Chai (Rabbi Yosef Chaim of Baghdad, died 1909) also rules you do not go back: the Shulchan Aruch's own author held you do, but when a blessing is in doubt, you do not say it, even against him. The Pri Chadash (a law commentary of the 1600s) says you go back.