Having stated "u'Shefatetem Tzedek", why did Moshe add "Lo Sakiru Panim ba'Mishpat"?
Rashi: Moshe is talking here, not to the judges, but to those who appoint them - prohibiting them from basing their appointment on the candidate's looks or strength or on the fact that he is his relative, 1 even though he is not an expert in Halachos. 2
Sanhedrin, 7b: It means that the Dayan should not show any signs of love ("Lo Sakiru") or of hatred ('Lo Sankiru') towards one of the litigants more than the other. 3
Sifri: It means that if the person who is charge of appointing the Dayanim, appoints a Dayan on account of his looks, his strength or his knowledge of languages, it is considered as if he perverted justice.
What are the ramifications of "ka'Katon ka'Gadol Tishma'un"?
Rashi #1: The Dayan must treat a small case of a P'rutah with the same seriousness as one of a hundred Manah - inasmuch as, if it appears in court first, it should be given precedence, and not pushed off until last. 1
Rashi #2 (citing Targum Onkelos): The Dayan must treat the two litigants equally, irrespective of their financial status - He may not vindicate the poor man so that he should be sustained honorably. Nor may he vindicate a rich man who owes a pittance,to protect his dignity, and after he leaves the courtroom, tell him 'really, you owe him ? Go and pay him!'
See also Torah Temimah, citing Sanhedrin, 8a, and note 23.
What are the connotations of "Lo Saguru Mipnei Ish"?
Rashi #1: It means that the Dayanim should not be afraid of anyone 1 (of a rich man or a ruler - Targum Yonasan [only of Hashem ? Rashi, in Sanhedrin, 56b]).
Rashi #2: It means 'Do not hold back 2 your words' before anyone'.
Sanhedrin, 6b #1: Wih reference to a Talmid who is sitting in front of Beis-Din, it teaches us that if he sees reason to vindicate the poor man and obligate the rich man, he may not be silent - 'Lo Sachnis Devarecha Mipnei Ish'. 3
Sanhedrin, 6b #2: See answers #1 & #2. Consequently, once a Dayan has heard the arguments of both litigants - one mild-mannered, the other, tough - and sees which way the Din is heading, 4 he is not permitted to retract out of fear of the tough litigant.
See Sifsei Chachamim.
Rashi: As in Mishlei, 10:5 "Oger ba'Kayitz". See also answer #3 and Torah Temimah, note 26
See Torah Temimah, note 25.
See Torah Temimah, note 24.
What are the connotations of "Ki ha'Mishpat l'Elokim Hu"?
Rashi: If a judge takes away money from someone unjustly, he places the onus of repaying the victim on Hashem's Shoulders (Kevayachol) thereby transferring the case to Him. 1
Ramban: It is in front of Hashem that the Beis-Din adjudicates and in His place. 2 Consequently, if they fear litigants or judge falsely, they sin against Hashem, by aborting His Sh'lichus.
See Torah Temimah, citing Sanhedrin 8a, and note 27.
Ramban: As the Pasuk in Divrei ha'Yamim 2, 19:6 indicates. Since it is on condition that justice and honesty exist among His creations that He created them, and to rescue the victim from the one who robbed him.
Why did Moshe say "Tikr'vun Eilai u'Shema'ativ" and not " ... ve'Ashmi'achem"?
Sanhedrin, 8a: Because he meant to say that, in the event that he did not know the answer, he would go and learn it from Hashem. 1
Oznayim laa'Torah: What he meant was that, following the earlier phrase "Lo Saguru Mipnei Ish", in the event that a Dayan is faced with a tough litigant whom he is afraid to judge, he should bring him to him (Moshe) and he will not be intimitaded by him.
See Torah Temimah, note 28.
