‘...small and large shall you hear the same; do not be afraid of any man, for judgment belongs to G-d...’ (Devarim 1:17)
As Moshe begins recounting the lessons of the forty years in the desert, he recalls the charges he gave the Jews in terms of acting as judges. They were commanded to be impartial and above board, following the commandments of Hashem, and bowing to His logic. Here, they are commanded to adjudicate a case for a small amount with the same alacrity and attention that they would adjudicate a much larger case.
They are also commanded not to give honor to the rich over the poor or vice versa. In the time of judgment, it is Hashem’s honor which is paramount, and thus, we must ensure that justice is served according to halacha.
Additionally, judges are adjured to be fearless in the face of the litigants. They are not to be afraid of retaliation or harm from any of the parties, and focus solely on what halacha dictates should be the ruling. Perhaps this is easier said than done, but that’s why judges were chosen to were strong, wealthy, and intelligent, so they were less likely to be intimidated. But perhaps there is another fear that people might have.
The judges might feel that they are harming the defenseless, or that they ought to stick up for what is right. They might be afraid of condemning someone who is innocent, or absolving the guilty of the need to make amends. Their role is very crucial, and it can be overwhelming. Therefore, the Torah tells us, ‘Justice belongs to G-d.’
As the Ramban points out, Hashem created us and is responsible for guaranteeing there is justice between us. He therefore appoints judges to act as His agents, to dispense this. But they are only human. It is possible for people to make mistakes. This can be a very daunting and frightening thought.
Therefore, the Torah tells the judges: ‘Do what you are commanded to do, and do not be concerned whether ‘justice is being served.’’ So long as the halacha and protocols are followed, the outcome is what Hashem wants it to be. If a murderer may go free because there are not two witnesses to the crime, that is already accounted for in the Torah. Hashem has many ways of punishing one who deserves it, and the judges needn’t worry.
If a poor man is losing money, but that is the Torah’s demand in this case, then that’s how the judges should rule. If they are following the guidelines of the Torah, and they are knowledgeable in what they are doing, then they must simply focus on being proper messengers of Hashem, and know that He is truly the One making the decisions.
This should serve to strengthen them in their resolve, and enable them to help Klal Yisrael by serving as judges and making sure Hashem’s will is done.
A local rabbi once approached R’ Moshe Feinstein z’l to ask for his guidance. The young Rav was trying to produce Cholov Yisrael milk at a local dairy, and the project required a certain amount of knowledge and ability to rule on various questions that might arise. He hoped R’ Moshe could suggest a suitable candidate. R’ Moshe suggested the rabbi himself be the overseer, and rule on any question that came up. The rabbi trembled, and replied, ‘Me? I should rule on such lofty matters? I’m afraid I might make a mistake!’ R’ Moshe smiled, ‘Who, then, should rule on them? Someone who is NOT afraid to err?’
