שמות, פרק כ״ג, פסוק ו׳

A justice system must maintain a strict boundary between social compassion and legal objectivity. While society is commanded to support those who have nothing, the courtroom must remain a sterile environment where only truth and the law dictate the outcome. Judges are warned to ensure absolute equality between the wealthy and the destitute during a trial. This means they cannot show softness to one and harshness to the other, nor can they allow a situation where one party sits while the other stands [אבן עזרא, ספורנו, ביאור יש״ר]. The destitute individual is someone so depleted and lacking that he longs for any form of relief [רש״י, ביאור יש״ר].

Because an earlier command already cautioned against favoring a poor person out of pity, the primary approach among commentators is that this instruction serves as the opposite warning: a judge must not bias a verdict against the poor. A judge might be tempted to dismiss the impoverished person due to their low social standing, or favor a wealthy litigant because the poor person lacks the power to protest [שד״ל, בכור שור, חזקוני, ביאור שטיינזלץ]. Others suggest a judge might make flawed calculations, such as ruling against the poor so a wealthy person is not humiliated, or ruling in favor of the poor under the assumption that the rich is obligated to support him anyway. Regardless of the motive, it is absolutely forbidden to deviate from the strict letter of the law [העמק דבר, מלבי״ם].

This demand for strict impartiality applies specifically within the context of a legal dispute, creating a crucial distinction between the courtroom and the public sphere. Outside the courtroom, particularly concerning agricultural gifts designated for the needy such as gleanings and forgotten sheaves, the rules change. If a doubt arises regarding the ownership of such produce, the law dictates that the decision should actually be swayed in favor of the poor [תורה תמימה, מלבי״ם, רש ר הירש]. Additionally, this instruction connects to the laws of charity, warning against altering the proper order of priorities when distributing funds. A community must prioritize its own local needy first, ensuring that those closest to home are supported before others [אור החיים].

Beyond financial poverty, some interpretations view this destitution as spiritual, referring to a wicked individual who is poor in commandments. A judge is warned never to rule against someone simply because they are a wicked person [תורה תמימה, מלבי״ם]. This even applies to a scenario where the judge personally witnessed the individual committing a sin in secret. Even if the judge harbors a justified disdain for the person's actions, he is strictly forbidden from letting that bias influence a financial ruling [חתם סופר]. Another perspective suggests that the description of the destitute person actually refers to an opponent or rival. In this light, the instruction warns a judge not to twist justice against a personal enemy, reinforcing the demand for absolute fairness toward every individual, regardless of personal animosity [קאסוטו].