Devarim 1,16
הַהִִ֖וא לֵאמֹֹ֑ר שָמֹֹ֤עַ בֵין־אֲחֵיכֶּם֙ וּשְּפַטְּתֶֶּּ֣ם צֶֶּ֔דֶּק בֵֵּֽין־אִִ֥יש וּבֵין־אָחִִ֖יו וּבִֵ֥ין גֵרֵּֽ וֹ׃ וָאֲצַוֶּּה֙ אֶּת־שֶֹּ֣פְּטֵיכֶֶּ֔ם בָעִֵ֥ת
I charged your judges at that time as follows, “Hear out your fellow men, and decide justly between any man and his brother or a stranger.
Sanhedrin 7b
The Gemara interprets other verses related to the topic of adjudicating cases. Understanding that the word “charged” indicates alacrity, Rabbi Yocḥanan says: Moses urged the judges: With regard to the rod and the strap, be vigilant. With regard to the clause “Hear the causes between your brethren, and judge,” Rabbi Ḥanina says: This is a warning to a court that it may not hear the statement of one litigant before the other litigant comes, and it is a warning to a litigant that he may not explain his statement to the judge before the other litigant comes. Read into the phrase in the verse: “Hear the causes between your brethren,” that it is also concerning the litigant. Although he is not the judge, he is also required to assure that the case is conducted in the presence of both parties.
Sanhedrin 7b
The Gemara returns to the verse in Devarim cited above: “And I charged your judges at that time, saying: Hear the causes between your brethren, and judge righteously.” Reish Lakish says: Verify the judgment by meticulously examining the particulars of the case, and only afterward, implement it. The verse continues: “Between a man and his brother, and the stranger who is with him.” Rav Yehuda says: The judge must distinguish even between the merits of a house and the upper story when dividing a two-floor property among inheriting brothers.
Summation:
Two important principles: One, a judge must always listen attentively to both sides of the dispute, no matter how long or rambling the arguments. Two, the judge must always make sure that both sides are treated equally when hearing their cases. (Ohr haChaim)
Possible Lesson for All:
One who hears and feels the great love of the Creator for each Jew, and precious each Jew is above, would behave in a manner of “between your brethren” getting along and appreciating each Jew. (Baal Shem Tov)
Devarim 1,17
אֲשֶֶּּ֣ר יִקְּשֶֶּּ֣ה מִכֶֶּ֔ם תַקְּרִ בִ֥וּן אֵלִַ֖י וּשְּמַעְּתִֵּֽיו׃ ט לֵאלֹהִֶּ֣ים הֹ֑וּא וְּהַדָבָר֙ לֵֹּֽא־תַכִִּ֨ירוּ פָנִִ֜ים בַמִשְּפָָּ֗ט כַקָטֹֹ֤ן כַגָדֹל֙ תִשְּמָעֶ֔וּן לֹֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִֶ֔יש כִִ֥י הַמִשְּפִָ֖
You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s. And any matter that is too difficult for you, you shall bring to me and I will hear it.”
Sanhedrin 6b
Rather, the judge must assure that the true judgment will prevail at all costs and metaphorically pierce the mountain, and similarly, Moses would say: Let the judgment pierce the mountain. But by contrast, Aharon, whose role was not that of a judge, was a lover of peace and a pursuer of peace, and he would apply peace between one person and the other, as it is stated: “The law of truth was in his mouth, and unrighteousness was not found in his lips; he walked with Me in peace and uprightness, and turned many away from iniquity” (Malachi 2:6).
Sanhedrin 6b
And Reish Lakish says: If two litigants come for a judgement and one is flexible and agreeable and one is rigid and contentious, before you heard their respective statements, or after you hear their statements but you do not yet know where the judgment is leaning, it is permitted for you to say to them: I will not submit to your request to judge you. The judge may refuse the case out of fear that perhaps the strong and contentious one will be found liable, and it will turn out that the strong one will pursue the judge with intent to harm him. But once you hear their statements and you know where the judgment is leaning, you may not say to them: I will not submit to your request to judge you, as it is stated: “You shall not be afraid before any man” (Devarim 1:17).
Sanhedrin 7a
The Gemara returns to analyzing the Tosefta. From where may it be inferred that this expression: “You shall not be afraid [taguru]”, is a term for gathering in, so that the term may be interpreted to mean that a judge may not keep his ruling to himself? Rav Nacḥman said: The verse states: “You shalt plant vineyards and dress them, but you shall neither drink of the wine, nor gather [te’egor]” (Devarim 28:39). Rav Acḥa bar Ya’akov says it is derived from here: “She provides her bread in the summer and gathers [agra] her food in the harvest” (Mishlei 6:8). Rav Aḥa, son of Rav Ika, says it is derived from here: “A wise son gathers [oger] in the summer” (Mishlei 10:5).
Summation:
A Judge cannot favor or give precedence to one litigant over another or one case over another - whether one involves a lot of money, or one litigant is a beloved, or one is important or one is strong and contentious. Listen to the words spoken and not be drawn by the impressive manner of a litigant.
“Lo Sorguru Mipnei Ish” מִפְּנֵי־אִֶ֔ישתָג֙וּרוּ֙ the first three letters spell אמת (truth). The goal of a judge is to bring out the truth in the judgement under all circumstances (and not try to right a wrong by the judgement). (Nachal K’dimim)
Possible Lesson for All:
One should reply on what one hears and be swayed by what one sees.
Devarim 1,18
וָאֲצַוִֶּּ֥ה אֶּתְּכִֶּ֖ם בָעֵֶּ֣ת הַהִֹ֑וא אִֵ֥ת כָל־הַדְּבָרִִ֖ים אֲשִֶּ֥ר תַעֲשֵּֽוּן׃
Thus, I commanded you, at that time, about the various things that you should do.
Sanhedrin 8a
The Gemara continues to interpret verses pertaining to judges and judgment. It is written: “And I charged your judges at that time” (Devarim 1:16), and it is written soon thereafter: “And I commanded you at that time all the things that you should do” (Devarim 1:18). There is an apparent contradiction between these verses, as one indicates God commanded the judges and the other indicates He commanded the people. Rabbi Elazar says that Rabbi Simlai says: Moses issued a warning to the community that the awe of the judge must be upon them, and Moses issued a warning to the judge that he must bear the burden of the community. Up to what degree must the judge bear this burden? Rabbi Chanan, and some say Rabbi Shabbtai, says: It is as Moses said, that he carried Israel “as a nursing father carries the sucking child” (BeMidbar 11:12).
Summation:
This verse refers to the community and not the judges. The community is warned that they must feel fear of a judge in order that the system works. The judges should use the stick and strap judiciously, so that the people comply with their rulings.
Possible Lesson for All:
“I commanded you at that time;” you have not been held up in the desert for 40 years in order to study the Torah, because I could have taught you the Torah in a few hours, but you were held up on account of your sins. (Chizuni) A person must do more than just study or let others do; your action is the main point.
