Do not follow the many to harm; and do not testify in a quarrel to incline after the many to pervert justice, follow the majority rule.
The Ohr Hachaim explains that a Dayan who learns the Gemara may make a mistake. The Gemara says that we need a community who decide on the litigant’s culpability as well as one who decides on his lack of culpability. With both, we can follow the majority decision. If all are unanimous in their guilty decision, the litigant is decided as innocent.
The Dayan may make one of two mistakes, after learning this Gemara. First, when a Dayan sees that all of his fellow Dayanim are convinced of his guilt, even when he is convinced of his innocence, he will wish to affect the outcome. If he announces that the litigant is innocent, the litigant will be put to death. The majority has ruled him guilty, and he is liable for the death penalty. If this Dayan rules guilty, it will be a unanimous decision, and the litigant will be ruled innocent. The Dayan may wish to change his decision, not because he is convinced of such, but in order that the litigant will receive his just punishment.
The Torah forbids the Dayan from doing so, he must announce his decision as he believes to be just, ignoring the outcome. The Torah says לֹא תִׂהְיֶׁה אַחֲרֵי רַבִׂים לְרָּעֹת - Do not follow the many to harm. When the many say guilty, do not follow them and announce a guilty ruling in order to save his life. Do not follow them לְרָעֹת – for a bad decision. Do not decide guilty when you do not think that is the correct decision. Hashem is in charge of justice, He will do what is best for the world. The Dayan’s job is to decide as he sees best, not to run the world.
Another mistake a Dayan may make is when he thinks the litigant is guilty but will announce that he is not guilty. This is when he sees that all of the other Dayanim are announcing that he is guilty, and if he, too, says that the litigant is guilty, he will not be punished. This Dayan may think that he should announce that the litigant is not guilty, causing the perpetrator to be put to death as he deserves. The Torah tells us וְלֹא תַעֲנֶׁה עַל רִׂ ב - and do not testify in a quarrel to incline after the many to pervert justice. Do not argue or quarrel with the majority if they are deciding on someone’s guilt, in order that the justice you believe in shall be carried out. A Dayan is enjoined not to distort his opinion, he must allow Hashem to perform justice as He sees fit.
