דברים, פרק א׳, פסוק י״ז

A proper society rests upon the foundation of a just legal system. Judges are required to maintain an absolute, uncompromising commitment to the truth, free from any partiality. These guidelines shape the character of a judge, demanding that they rise above human tendencies of fear, sympathy, or awe. Justice is not merely a human enterprise, but a Divine mission.

In the courtroom, a judge must navigate a delicate balance regarding personal connections. It is strictly forbidden to show love or excessive closeness to a friend, just as it is forbidden to act with hostility toward an enemy [הכתב והקבלה, תורה תמימה, אבי עזר, שפתי כהן]. Instead, a judge must treat both parties as complete strangers [ביאור יש״ר, רש ר הירש]. This prohibition extends even to subtle facial expressions that might hint to a litigant which of their arguments are helpful and which are damaging [אדרת אליהו]. While some commentators view this as a direct warning to judges against perverting justice [אבן עזרא, רבנו בחיי, רלב״ג, מלבי״ם, שטיינזלץ], the primary approach among commentators is that it serves as a stern warning to those responsible for appointing the judges. According to this view, it is absolutely forbidden to appoint a judge simply because they are handsome, strong, or a relative, if they lack the necessary legal expertise. Appointing an unfit judge is considered just as severe a transgression as perverting the law itself.

Absolute equality must be maintained across two distinct realms. First, regarding the financial value of a dispute, a judge must treat a claim for a single, insignificant coin with the exact same seriousness, affection, and priority as a massive lawsuit involving vast wealth. A small claim must never be pushed aside in favor of a larger one [רש״י, רבנו בחיי, תורה תמימה, מלבי״ם, ביאור יש״ר, בכור שור]. Second, equality must be enforced regarding the social status of the litigants. A judge must not pity a poor person and rule in their favor as an act of charity, nor may they rule in favor of a wealthy person simply to protect their honor with the secret intention of making them pay the debt later outside the courtroom [רש״י, גור אריה, שפתי כהן, אלשיך]. Both parties must be granted an equal right to voice their arguments [העמק דבר, נתינה לגר]. Some commentators even suggest ensuring that both litigants are dressed at an equal standard, preventing the poorer individual from feeling inferior and losing the confidence to speak [בכור שור].

Judges face immense pressure, and they are warned against succumbing to it in two primary ways. The most straightforward understanding is a prohibition against fear. A judge must never be intimidated by a powerful, violent, or wealthy individual, nor should they worry that such a person might harm them or their property in retaliation for a ruling [רש״י, רבנו בחיי, רלב״ג, מלבי״ם, ביאור יש״ר, חזקוני]. Another interpretation suggests a warning against hoarding or holding back words in one's heart. This is particularly directed at a student sitting in the courtroom of his teacher. If the student realizes there is a valid argument that favors the poor and holds the rich liable, he must not remain silent out of respect for his teacher or fear of the wealthy litigant; rather, he is obligated to speak up [רש״י, מזרחי, תורה תמימה, ריב״א, רש ר הירש, בכור שור].

The role of a judge carries a profound spiritual dimension. Judges do not operate on their own authority; they serve as God's emissaries on earth, tasked with establishing honesty and justice. Any perversion of the law is a direct betrayal of this sacred mission [רמב״ן, הטור הארוך, שד״ל, שטיינזלץ]. Furthermore, when a judge rules unjustly, taking money from one person and giving it to another, they essentially force God to intervene in reality to return the wealth to its rightful owner. In doing so, the corrupt judge shifts the burden of executing justice directly onto the Creator [רש״י, מזרחי, רבנו בחיי, תורה תמימה, רש ר הירש, שפתי כהן, בכור שור]. Conversely, a judge who rules truthfully becomes a partner with God in the ongoing act of creation [ביאור יש״ר, רש ר הירש].

When Moses instructs the judges to bring the most difficult cases to him so that he may hear them, commentators offer contrasting perspectives on his underlying intent. Many view his statement as a flaw of hubris. By declaring that they should bring the hard cases to him, Moses sounded as though he were equating himself to God, presenting himself as capable of solving any legal mystery. As a consequence of this perceived arrogance, the relatively simple laws regarding the inheritance of the daughters of Zelophehad were later hidden from him [רש״י, מזרחי, רבנו בחיי, דברי דוד, שפתי כהן]. Conversely, other commentators defend Moses, highlighting the profound humility in his words. They note that Moses did not claim he would immediately provide the final ruling. Instead, he simply promised to hear the matter, implying that if he did not know the answer, he would humbly go and ask God [תורה תמימה, רש ר הירש, ביאור יש״ר, אלשיך, רלב״ג].