Rabbinic JudaismAvot D'Rabbi Natan 10HOLYMAP · SACRED TEXTS
Avot DeRabbi NatanAvot D'Rabbi Natan 10

Avot DeRabbi Natan

Avot D'Rabbi Natan 10

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English · David Kasher

Yehudah ben Tabbai and Shimon ben Shetach received from them. Yehudah ben Tabbai would say: Do not act as an advocate for one side, and when the litigants stand before you, you should consider them both guilty; but when they depart from you, you should consider them both innocent, for they have accepted the judgment upon themselves.

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English · David Kasher

Do not act as an advocate for one side. How so? This teaches that if you came to the house of study and heard a general teaching or a legal teaching, do not respond immediately. Rather, sit and ask about the reasoning [behind their teaching, and in what context they made such a judgment. To the one who gave the legal teaching, ask first about the legal principle and the timing of the case.] When two litigants come before you for judgment, one poor and one rich, do not say to yourself: How can I make sure to exonerate the poor one and charge the rich one? Or how (can I exonerate the rich one and charge the poor one? For if I charge the poor one, then he will become my enemy, but if I exonerate the poor one, then the rich one will become my enemy. And do not say to yourself: How) can I take this one’s money and give it to that one? For the Torah says (Deuteronomy 1:17), “Do not be partial in judgment.” (Rabbi Meir would say: What do we learn from this:) “Hear out low and high alike” (Deuteronomy 1:17)? That one person should not be made to stand while the other one sits, or one person be allowed to talk as much as he wants while the other is told to be brief. (Rabbi Yehudah said: I heard that if the judges want to seat both litigants at once, they may do so; it is not forbidden. And what is forbidden? That one person sits and one stands. [Rather, what do we learn from) “low and high alike”?] That the judgment of the lowly be just the same for you as the judgment of the exalted, and [the judgment] of a perutah be just the same to you as the judgment of a hundred manah.

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English · David Kasher

(He would say: If anyone had said to me before I entered this position: Enter! I would have threatened his life. Now that I have entered it, if anyone would say to me: Step down! I would want to throw a pot of boiling water on him. For greatness is difficult to attain. But just as it is difficult to attain, so is it difficult to let go of. And so we find with Saul. When they said to him: Assume the kingship! he hid from it, as it says [I Samuel 10:22], “The Eternal said: Look, he is hiding among the baggage.” But when they said to him: Step down! he went after David and tried to kill him.)

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English · David Kasher

Shimon ben Shetach would say: Investigate the witnesses thoroughly. But while you are investigating them (be careful with what you say), for they may hear your words and figure out how to add lies to them.

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Public-domain Hebrew editions, digitized by Sefaria (sefaria.org). · Source ↗

Avot DeRabbi Natan, translated by David Kasher (2019). CC BY. Text from Sefaria (sefaria.org). · Source ↗

English translation: Avot DeRabbi Natan, translated by David Kasher (2019), via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

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