What is the connection between this Parshah and the previous one?
Seforno: After teaching the Dinim that concern the community at large, the Torah now deals with the Dinim that concern its leaders. 1
Oznayim la'Torah (citing the Ra'avad): Even though everyone goes to the Beis-Hamikdash - where the Sanhedrin sit and the Kohanim serve and issue rulings, one nevertheless requires Batei Dinim in all the towns (not only on account of the numerous judgments that will need clarifying on Yom-Tov, when the whole of Yisrael converge on Yerushalayim, but also because 'Hashem hates Korbanos that have been stolen, and the people who brings their Korbanos on Yo-Tov will need to clarify before hand that they are not stolen - Oznayim la'Torah). 2
What is the difference between "Shoftim" and "Shotrim"?
Rashi, Rashbam, Targum Onkelos and Targum Yonasan: "Shoftim" are Dayanim, and "Shotrim" (strong
Rashi (in Sanhedrin, 16b) and Rashbam: Who follow the Dayanim' instructions. Da'as Zekenim and Rosh (citing the Tanchuma Shoftim 3): Like we find in Shmuel 2 8:16 "David Oseh Mishpat
Why does the Torah insert the (otherwise superfluous) word "Shoftim ve'Shotrim Titen l'cha ... "?
Oznayim la'Torah: To hint that those who appoint the Dayanim should appoint them over themselves as well, 1
Sanhedrin, 16b (according to Rashi): To teach us that they should appoint one Beis-Din - the Sanhedrei Gedolah - over all the Batei-Dinim.
Sanhedrin, 16b (according to Tosfos): To teach us that they should appoint one Dayan - the Nasi - over all the Dayanim. 2
See Oznayim la'Torah DH 'Titen l'cha' #2.
See Torah Temimah, note 75 and Bamidbar 11:16, note 10.
What are the implications of "be'Chol She'arecha"?
Rashi and Ramban #1: It implies that each and every town has its own Beis-Din. 1
Ramban #2: To confine the obligation to set up Batei Dinim to Eretz Yisrael. 2
Ramban #3 (citing Makos, 7a): To preclude Chutz la'Aretz from the obligation of setting up Batei Dinim in every town, but not from setting them up in every state, 3 provided the Sanhedrin are sitting in Eretz Yisrael. 4
Ramban: A Sanhedrin Ketanah - comprising twenty-three Dayanim
Ramban: In Chutz la'Aretz if somebody has a claim, he will present it before three Dayanim or the two disputants will go to a Beis-Din in Eretz Yisrael - as the Torah wrote in Sh'mos 21:22, "Ad ha'Elohim Yavo D'var Sheneihem, ve'Nasan bi'Felilim". Torah Temimah, citing Makos, 7a: The current D'rashah pertains to setting-up Dayanim in every town, but the obligation of setting-up Dayanim in every county, applies equally in Chutz la'Aretz.
Which we learn from the Pasuk in Masei Bamidbar, 35:29 "Vehayu Eileh lachem le'Chukas Mishpat le'Doroseichem".
See Ramban, who elaborates and Torah Temimah, note 77.
What does the Torah mean when it adds "Veshaftu es ha'Am Mishpat Tzedek"?
Rashi: It is a Mitzvah to appoint expert and righteous Dayanim to judge justly.
Seforno: It means that one should hear out the arguments of the litigants in such a way that the final judgment is just. Do not speak softly to one of them, and harshly to the other. 1
Rosh: It implies that the judge must be innocent of any claims against him. 2
Oznayim la'Torah: The Pasuk can be understood to mean that if the Dayanim rulings are enforced by policemen, then they will be able to judge righteously; otherwise, they will be forced arrange compromises so that the litigants will adhere to their rulings. 3
The Gemara in Bava Basra 60a-b cites a case occurred where people complained about a tree hanging over the R'shus ha'Rabim. The judge himself had such a tree - so he told them to return the following day, by which time he had alreadly cut off the overhanging branches of his tree. The next day, he ordered the owner to do the same to his tree.
See Oznayim la'Torah DH 'Shoftim ve'Shotrim' #3.
Why does the Torah add "asher Hashem Elokecha Nosein l'cha li'Shevatecha"?
Rashi: With reference to "Titein L'cha", it means that every tribe should have its own Beis-Din 1 - apart from the Beis-Din in each town. 2
Ramban #1: The Pasuk reads "Shoftim ve'Shotrim ... li'Shevatecha be'Chol She'arecha" - It is a Mitzvah to appoint Dayanim for each tribe who will judge in all the towns of their respective tribe.
Ramban #2: To teach us that each tribe should appoint a senior Beis-Din over the entire tribe, besides the Beis-Din that they appointed in each town. See Ramban who elaborates.
Seforno: It teaches us that the obligation to appoint Dayanim in every town is confined to Eretz Yisrael, but not to lands that one captures outside its borders.
Why does the Torah juxtpose "Veshaftu es ha'Am" to "li'Shevatecha"?
Samhedrin, 16b: To teach us that it is a Mitzvah for the Dayanim of any specific tribe to judge the members of their own tribe. 1
See Torah Temimah, note 76 DH 've'Lachein'.
What is the difference between "Veshafat'ti Bein Ish u'Vein Geiro" in Yiso, 18:15 and "Veshaftu es ha'Am" here?
Sifri: In Yisro, Moshe was telling his father-in-law that he would arbitrate between litigants, Te Torah here is extending to the Dayanim the right to judge the people against their will.
