Sifrei on Deuteronomy Sifrei Devarim 17

English · Shraga Silverstein

(Devarim 1:17) "Do not play favorites in judgment": This is (addressed to) one who is appointed to seat judges. Lest you say: That man is comely; I will make him a judge — that man is strong; I will make him a judge — that man is my kinsman; I will make him a judge — that man lent me money; I will make him a judge — that man is multilingual; I will make him a judge — so that (in his innocence) he exonerates the guilty and incriminates the innocent — not because he is wicked, but because he does not know (the law), Scripture terms (appointing him as a judge) as "playing favorites in judgment."

2

English · Shraga Silverstein

Small and great equally shall you hear": Lest you say: Since this one is poor and the other rich it is a mitzvah to judge in his (the poor man's) behalf, so that he can feed himself honestly; it is, therefore, written "Small and great equally shall you hear."

3

English · Shraga Silverstein

Variantly: "Small and great equally shall you hear": Lest you say: How can I damage this man's reputation for a dinar? I will exonerate him, and when he leaves, I will tell him to give the poor man the money that he owes him. Thus, "Small and great equally shall you hear."

4

English · Shraga Silverstein

"Do not fear any man": If two come to be judged before you, before you hear what they have to say you may remain silent. If you have heard the case but you do not know how to rule for exoneration or incrimination, you may remain silent. Once the judgment is clear to you, you may not remain silent. The same applies to compromise. If two come before you for judgment, before you have heard what they have to say, or after you have heard, but you do not know how to rule, you may tell them: Go out and compromise. Once you have heard their words and you know how to rule, you may not tell them to go out and compromise, as it is written (Proverbs 17:14) "As the letting loose of water is the beginning of contention, and before the (law of) the quarrel is revealed, leave it." And the sages say: The compromiser is a sinner, and one who praises the compromiser is a sinner, as it is written (Psalms 10:3) "And the blesser of the compromiser rejects the L-rd," The praiser of (compromising) judges is thus found to reject his Creator. R. Shimon b. Gamliel says: Compromise is raising the small and lowering the great. R. Yehoshua b. Karcha says: It is a mitzvah to compromise, as it is written (Zechariah 8:16) "These are the things that you shall do: Speak the truth, one man to his neighbor. Truth and a judgment of peace shall you judge in your gates." Which is "a judgment of peace"? Compromise.

5

English · Shraga Silverstein

Variantly: "Do not fear any man": Lest you say: I am afraid of that man. He may kill my son, or burn my stacks, or cut down my plants; it is, therefore, written "Do not fear any man." "for the judgment is G-d's."

6

English · Shraga Silverstein

And thus is it written of Yehoshafat (II Chronicles 19:6) "and he said to the judges: Take heed what you do, for you judge not for the man, but for the L-rd who is with you in the judgment."

7

English · Shraga Silverstein

"And the thing that is too difficult for you, you shall bring near to me and I shall hear it": The Holy One Blessed be He said to Moses: You (say that) you are judging a difficult case? By your life, I shall apprise you that you are not judging a difficult case. For I will bring upon you a case that the women can hear (i.e., resolve), which you cannot hear. Which is that? The case of the daughters of Tzelafchad. And thus is it written (Bamidbar 27:5) "And Moses brought forth their judgment before the L-rd." Similarly (I Samuel 9:18-19) "And Saul approached Samuel within the gate and said to him: Tell me now, which is the house of the seer. And Samuel answered Saul, saying: I am the seer" — whereupon the Holy One Blessed be He said to him: You are the seer? By your life, I shall apprise you that you are not the seer. And when did He apprise him? When He said to him (16:1) "Fill your horn with oil and go and I will send you to Yishai of Bethlehem. For I have seen among his sons a king for Me." What is stated thereafter? (Ibid. 6) "And it was when they came that he (Samuel) saw Eliav and he said: Surely, before the L-rd is His anointed one." And the Holy One Blessed be He said to him: Did you not say "I am the seer"? (Ibid. 7) "Do not look at his appearance and at his tall stature, for I have rejected him. For it is not as a man sees. For a man sees to the (beauty of) the eyes, but the L-rd sees to the heart."

Sifrei Devarim 17

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