שמות כא, א: וְאֵלֶה הַמִשְׁפָטִים אֲשֶׁר תָשִים לִפְנֵיהֶם:
The Baal haTurim views this first pasuk as an introduction that alludes to guidelines for judges who preside over civil law cases, the main topic of this Parsha.
(The Baal haTurim uses a Notrikon in this commentary. This is an accepted method of drush in which each letter of a word becomes the first letter of an entire word or phrase. In numerous places the Gemara derives Halachos from a Notrikon or from a Gematriya. The Rambam writes that one may not invent Gematriyos and Notrikons as he pleases. Rather, some Halachos are derived through Gematriyos and Notrikons because those Gematriyas and Notrikons were given to Moshe Rabeinu at Har Sinai as memory aids for Halachos that were taught to him orally as Halachos l'Moshe mi'Sinai. Just as Moshe transmitted the guidelines for when to expound a Gezeirah Shavah and the other Midos sheha'Torah Nidreshes ba'Hen, he also transmitted the guidelines for when to expound a Gematriya.)
וְאֵלֶּה - וחייב אתה לחקר הדין
The antecedent for pronoun “you”, is the Bais Din (court). It is not enough for a Bais Din to render a decision, but this must also explain the law and its ramifications.
הַמִּשְפָּטִּים – הדין מצוה שיעשה פשרה טרם יעשה משפט
The Dayan (Judge) must attempt to first negotiate a compromise before providing judgment. According to the halacha such a compromise is considered a mitzvah, fostering peace
אֲשֶּר – אם שניהם רוצין
Both must agree; compromise must not be forced
תָּשִּים – תשמע שניהם יחד מדברים
Listen to them both when they speak. This is a warning not to listen to one party speak when the other is not present.
לִּפְנֵיהֶּם – לא פני נדיב יהדר התנכר מהם
Do not show (special) honor for an important person; make yourself separate from each of them. Do not rule for one due to friendship or rule against the other due to hatred.
