Pisqa’ 16¹

1

“And I commanded the justices at that time, saying:

hear out your brothers and decide justly between them” (Dt.1:16).

I said to them:

be cautious in rendering judgment—

for if a case comes before you once, twice, or even three times,

don’t say: I’ve already seen this case two and three times!

Rather, be cautious in rendering judgment.

And this is what the members of the Great Assembly would say:

be cautious in rendering judgment;

and cultivate many disciples,

and create a border for the Torah ²

2

“At that time, saying” (Dt.1:16)—

in the past,

[prior to your appointment to the Sanhedrin,]

you were beholden only to yourselves.

But now, look!

You are slaves indentured to the public!

The story is told:

R. Yohanan b. Nuri, and R. Elazar Hisma,

were appointed by Rabban Gamliel to chair the session.

But the disciples took no notice of them.

Towards evening, [the two Masters] went and sat near the disciples.

Now this was the style of Rabban Gamliel.

If he would enter a session and say:

Any questions?

there was certainly no proctor there.

But when he would enter and not say:

Any questions?

there was certainly a proctor there.

[This time] he entered

and found R. Yohanan b. Nuri and R. Elazar Hisma

sitting near the disciples

[as if they were disciples instead of Masters].

He said to them:

Yohanan b. Nuri and Elazar Hisma!

You are harming the public

by failing to assert your authority over them!

In the past you were beholden only to yourselves.

But now, look!

You are slaves indentured to the public!

3

“Hear out your brothers” (Dt.1:16).

This was the style of R. Ishmael.

When an Israelite and a gentile

would come before him for a ruling—

if the law of Israel favored the Israelite,

he would exonerate him;

but if the gentile law favored the Israelite,

he would [still] exonerate him.

He said: What do I care [which law to apply]?

Hasn’t the Torah taught:

“Hear out your brothers” (Dt.1:16) –

[render fair judgment to Israelites, but not to gentiles]?

Rabban Shimon b. Gamliel says:

This [interpretation of the verse] is unnecessary!

[Rather,] if they agree to be judged by the laws of Israel,

[R. Ishmael] would judge according to the laws of Israel.

If they agree to be judged by gentile law,

he would judge according to gentile law.

4

“Decide justly between them” (Dt.1:16)—

[Remember that when]

a righteous person makes a righteous claim, he’ll present proof.

An analogy—

This one is wrapped in his shawl,

and that one says: it’s mine!

This one is plowing with his cow,

and that one says: it’s mine!

This one claims squatter’s rights within his field,

and that one says: it’s mine!

This one is living in his house,

and that one says: it’s mine!

This is why it is said:

“Decide justly between them” (Dt.1:16)—

[Remember that when]

a righteous person makes a righteous claim ,

He will present proof.

5

“Between a man” (Dt.1:16)—

this excludes a minor.³

On this basis they taught:

They do not submit orphans to judgment.⁴

“Between a man and his brother” (Dt.1:16).

I might infer only that

[hearing out: (Dt.1:16)] applies between a man and a man.

On what basis do I know

that it applies also [to judgments]

between a man and his wife,

between a woman and a man,

between a nation and a family,

between a family and its neighbor?

The Teaching states:

“Between a man and his brother” (Dt.1:16)—

[the rule of hearing out applies] in all cases.

6

“Or a foreigner⁵ to him” (Dt. 1:16)—

this refers to someone who piles up claims.

One said to him: You have plowed a furrow in my field!

He replies: I haven’t plowed at all!

Again, one said to him: Your ox has killed my ox!

And he replies: He didn’t kill a thing!

Yet again, one said to him: Your ox has killed my slave!

And he replies: He didn’t kill anyone!

This is why it is said:

”Or a foreigner to him” (Dt.1:16)—

this refers to someone who piles up claims

[and who, nevertheless, deserves a thorough hearing].

Another word:

“Or a foreigner to him” (Dt.1:16)—

this refers even to a [hostile] neighbor

[who still deserves a thorough hearing].

Another word:

This refers even to a best-man⁶

[whose case still deserves a thorough hearing].

Another word:

This refers even to a migrant worker

[who still deserves a thorough hearing].

1. H:39-40; JN1:50-52.
2. // M. Avot 1:1; cf. ARNA.1,; ARNB.1
3. Cf. Mechilta Ishmael, neziqin., par.12.
4. Cf. T. Ter. 1:11, T. BB.8;15.
5. Heb: gero. The midrash ignores the syntactical sense of ger (“foreigner,” “migrant”; root: g-w-r) in preference for its assonantal association with ‘oger (“pile up”; root: y-g-r).
6. Hebrew: shoshbin. The “best man” is expected to fund one of the seven post-wedding feasts in honor of the bride and groom. According to Pardo, loc. cit., here we are dealing with a “best man” who brings suit to void his obligation to the bridal family.