פסק דין

THE ULTIMATE DEFENSE ATTORNEY

The Tzaddik is called a TaMaR (date tree) as the verse says “a Tzaddik will blossom like a tamar”, for the word Tamar is connected to the word TeMuRa (transforming). This is because the Tzaddik transforms everything for the best and turns all the accusations into merits. This is as the sages taught: “if one has even one defending angel from amidst a thousand [accusing angels]… he emerges meritorious.” The deeper meaning of this is that the defending angel is actually created “from amidst” the thousands accusing ones. For the more accusations there are against a person, the Tzaddik vouches for him even more through showing how despite all the bad he has still managed to find some good point in this person.

The explanation of this is that all the accusing angels against a person are actually the very ones that incited him to sin in the first place, as the sages taught: “he (the Satan) is the inciter and he is the accuser.” Therefore when the accusing angels are exceedingly great in number, G-d forbid, the defending angel arises and uses this fact itself for one’s defense but claiming that since one has so many accusations against him he must have had many challenges and incitements from the evil inclination. If so, on the contrary, it is ever so more wondrous that such a person overcame these great and numerous inciters and managed to grab onto good by doing some mitzvah. This is the aspect of “one defending angel from amidst a thousand” – that specifically by way of the thousand accusing angels does the Tzaddik defend him. The novelty is not that such a person sinned so terribly, since he was greatly incited. On the contrary, it is truly amazing that he strengthened himself to do even the slightest bit of good with such great forces fighting against him. Therefore the Tzaddik who follows this path is called Tamar, for he transforms and converts the accusations into merit.

(Likutey Halachos, Techumin 6, section 15)

A person who is preparing to stand trial searches for the best defending lawyer he can find, someone who is capable of arranging his claims in a fashion that emphasize his merit. The defense attorney does not necessarily have to change the facts, but rather shed light on things from a different angle. This is the main difference between the prosecutor and the defender, from what angle they present the case. The great need to search for someone with ‘a way with words’ who can convince the judge of his client’s righteousness is thus evident.

This is not only true with regards to court cases but also to any area in which a person needs to make a claim or present an argument. The best thing is to find a suitable representative who can present things eloquently and convincingly. This is as Reb Nosson teaches: “for even this aspect of merit itself that he (the Tzaddik) is emphasizing on behalf of a certain person, if he would do so without eloquence he would not be able to arouse mercy for him, for surely this merit is known in the Heavenly court even without him. Rather, the main power of the defender to bring about salvation and arouse mercy is through eloquence – by presenting the merit convincingly, with proper claims and articulacy. (Likutey Halachos, Tefillah 4)

It is certainly then surprising how regarding one’s Divine service, when he feels distant from Hashem, that he isn’t in such a rush to find an attorney who will prove his righteousness. One is simply prepared to give in the moment a thought of distance from Hashem arises in thought. For some reason he is willing to concede to the feeling that he is full of sin and has no hope of returning to holiness.

It is not that one has to seek a deceitful attorney who will deny the bad, G-d forbid, for Hashem’s will is that one acknowledges his sins. Nevertheless these thoughts of rebuke generally distance a person even more form serving Hashem and He certainly does not desire this either. Therefore one must seek a fitting advocate who can defend him in the Heavenly worlds, to arouse mercy on high that his sins should be looked at from a different angle; someone who can find one’s merit in the proper manner and arouse in one’s heart a feeling of renewed closeness to Hashem despite his sins.

With this we can understand Reb Nosson’s words in this teaching where he reveals to us that the Tzaddik is the attorney who is constantly involved in nullifying the harsh accusations against us. For every sin creates prosecuting angels, yet when the Tzaddik sees them he uses this to bring one’s merits to light. For one’s many sins are an indication of how greatly one is surrounded by inciting forces of evil and how one lacks the special help from above that is afforded to the righteous and pious. This only emphasizes the worth and value of such a person’s efforts in renewing himself in the service of Hashem. In this way the many falls can be transformed into a solid defense.

We see from this how greatly we must strengthen ourselves against Amalek who strives to discourage us constantly. We should tell him that on the contrary, if I am as bad as you say then my every good point is all the more valuable. We do however need the Tzaddik who is an aspect of the tamar, for it is he who stands above to truly arouse mercy upon the Jewish people, to transform and change the bad into good and to give one a boost back into holiness.

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