Pisqa’ 17¹

1

“You shall not show favor in judgment” (Dt. 1:17).

This refers to one appointed to seat judges.

Lest you say:

So-and-so is pleasant, I shall seat him as a judge!

So-and-so is mighty, I shall seat him as a judge!

So-and-so is my relative, I shall seat him as a judge!

So-and-so lent me money, I shall seat him as a judge!

So-and-so is fluent in languages!² I shall seat him as a judge!

It turns out [the appointee] will

acquit the guilty and condemn the innocent,

not because he is wicked,

but simply because he doesn’t know!

He is considered as if he showed favor.

2

“Give equal ear to the small and the great” (Dt.1:17).

Lest you say:

Because this one is poor,

this wealthy one is obliged to support him;

so I will show favor to [the pauper],

who will turn out to be supported in dignity.

Therefore the Teaching states:

“Give equal ear to the small and the great” (Dt.1:17)—

[do not let sentiment influence the application of the law].

Another word:

“Give equal ear to the small and the great” (Dt.1:17).

Lest you say:

how can I sully the honor of this wealthy person

for the sake of a dinar [he owes the pauper]?

So I will acquit him.

But when he leaves court, I will tell him:

pay [the pauper] what you owe him!

Therefore the Teaching states:

“Give equal ear to the small and the great” (Dt.1:17)—

[and do not let status influence the application of the law].

3

“Don’t fear any man” (Dt.1:17).

For if two litigants come before you—

before you’ve heard them out,

you are entitled to keep your silence.

Once you’ve heard them out,

you are not entitled to keep your silence.³

And similarly He says:

“To start a quarrel is to open a sluice;

before a dispute flairs up, drop it” (Prov.17:14)—

[this implies that]

until the judgment is clear, you are entitled to keep your silence.

Once the judgment is clear, you are not entitled to keep your silence.⁴

Furthermore, once you’ve heard the case—

and you are unable [definitively]

to acquit the innocent or to sentence the guilty,

you are entitled to keep your silence,⁵

for it is said:

“Now these are the things you should do:

Speak the truth to each other,

render true and perfect judgment in your gates” (Zech.8:16).

Now, what kind of perfection

includes true judgment?

I would say: this is a compromise!⁶

Rabban Shimon b.Gamliel says:

One who raises a puny judge to the level of the mighty,

or who demotes a mighty judge to the level of the puny—

this is a compromise!

But sages say:

Anyone who compromises, look—he is a sinner!

For it is said:

“The compromiser curses and scorns HASHEM” (Ps.10:3)—

it turns out that one litigant praises the judge,

while the other scorns his Creator!⁷

“Don’t fear any man” (Dt.1:17)—

lest you say [of a litigant]:

I fear that So-and-so might murder my child,

or set fire to my grain,

or cut down my plantings—

the Teaching states:

“Don’t fear any man, for judgment belongs to God” (Dt.1:17).

And so Jehoshafat says:

“And he said to the justices—consider what you are doing!

For you are not rendering judgment for man, but for HASHEM!” (2 Chron.19:6).

4

“And a matter that is too difficult for you” (Dt.1:17).

Said the Holy One to Moses:

Have you made a difficult judgment?

By your life! I’m telling you

that you have never made a difficult judgment!

I will bring to you a case that

your disciple’s disciple will understand,

but that you will not understand!

And what is that?

This is the case of the daughters of Zelophehad.

And so He says:

“And Moses brought their case before HASHEM” (Nu.27:5).

And similarly, you say:

“And Samuel answered Saul: I am the Seer!” (1 Sam.9:19).

Said the Holy One to Samuel:

Are you the Seer?

Let me inform you that you do not see!

Now, when did He inform him?

At the moment He said to him:

“I am sending you to Jesse of Bethlehem,

for I have seen that one of his sons will be My king” (1 Sam.16:1).

What does He say next?

“When [Samuel] saw Eliab, he thought:

there stands HASHEM’s Anointed!” (1 Sam.16:6).

Said the Holy One to Samuel:

Didn’t you claim to be the Seer?

“Yet I have rejected him,

for not as a man sees does HASHEM see!” (1 Sam.16:7)

1. H:39-40; JN1:50-52.
2. Translation follows texts of RH, TA, Pardo, and Ish-shalom. F:28, l.2 reads: heliniston, “a Hellenist.”
3. Cf. T. San. 1:7.
4. // T. San. 1:6.
5. Cf. T. San.1:6.
6. Rabbinic attitudes toward compromise in matters of judgment vary, as we see in the tradition associated with Rabban Shimon b. Gamliel and sages below. See Pardo, ad loc.
7. Text in smaller type is variously attested in mss and editions. See F:28-29, ls. 9-12 1-6