2020/5780
Parashat Devarim consists largely of Moshe Rabbeinu’s review of Jewish history since leaving Egypt. However, Moshe Rabbeinu takes time to discuss the importance of establishing judges and maintaining a just society. This anecdote is initiated after Moshe discusses the establishment of other judges in the desert, but Moshe’s discussion of the laws pertaining to judges is perplexing. He warns them, “Lo TaKiru Panim BaMishpat... Lo Taguru Mipnei Ish Ki HaMishpat LeiLokim Hu,” “Do not be partial in judgment... Fear no man for judgment is God’s matter” (Devarim 1:17). However, perhaps by understanding this Pasuk, its importance and relevance in Moshe Rabbeinu’s historical review will become clear.
Ramban, Devarim 1:17 s.v. Ki HaMishpat LeiLokim Hu, writes that when a judge judges, they must understand that Hashem is with them in judgment. It is to establish justice and righteousness that God created mankind. Therefore, as the latter part of this Pasuk teaches, when a judge fails to do his job, shows favoritism, and creates violence and robbery, the judge
Rashi, Devarim 1:17 s.v. Loe Takeeroo Panim BaMishpat, writes that this mitzvah is not a prohibition against showing favoritism in judgment, but it is instead a prohibition against establishing judges who are inexperienced and do not fully know the laws. Being a hero, relative, or a nice person is not a qualification to become a judge. Additionally, Rashi understands the latter portion of the Pasuk as referring to a prohibition to changing your judgment based on someone involved in the case. Moreover, in changing the verdict based on someone in the court, Hashem will need to rebalance the debt between the two parties so that all is as it is meant to be. Thus, by altering the case, a judge forces HaKadosh Baruch Hu to enact judgment when he should not have needed to.
Rambam, Hilchot Sanhedrin VeHaOnshin HaMesurin Lahem 3:8, continues Rashi’s approach with even stronger language. He writes that not only is it a horrible thing for Beit Din to establish an unfit judge, but that if Beit Din were to do so, it is as if they established a monument for Avodah Zara and planted an Asheira tree. Moreover, Rambam, Hilchot Sanhedrin VeHaOnshin HaMesurin Lahem 22:1, writes that this Pasuk teaches that when a judge knows the correct Halacha, he cannot fear for his belongings, his own well-being, or even the well-being of his children; he must give over the correct Halacha regardless.
Thus, these mitzvot are so critical because a violation impacts the entire society. Not simply the judge and the parties involved in the case, but it affects Hashem, Am Yisrael, and mankind at large. Thus, it is fitting that these laws be included here as the Parasha deals with the impact that the few have on the many; from the story of the Meraglim to the Nachalah of Reuven, Gad, and half of Menasheh, this theme is clear.