What sort of perversion of justice is the Pasuk referring to?
Rashi: Refer to 19:15:2:1.
Seforno: It refers to a Dayan speaking softly to one of the litigants and harshly to the other one, or allowing one of them to sit 1 and make the other one stand, and the likes. 2
Moshav Zekenim (citing Shevu'os 30b): If one of the litigants is a Chacham, one may seat him and tell his opponent to stand, since the honor of Torah overrides the La'av. (I do not understand this. The Gemara implies that witnesses may sit due to honor of Torah, but we may not favor one litigant over another! - PF). Allowing a Talmid-Chacham to sit is not intrinsically part of the litigation process, and is therefore permitted.
Seforno: With reference to justice regarding the relationship between the judges and the people. And the Torah goes on to forbid hatred of one's fellow-Jew and slandering him (Pesukim 17, 16), which, in turn, lead to revenge and bearing a grudge on one another (Pasuk 18), as the Navi states in Yechezkel, 22:9.
What are the connotations of the word "Lo Sa'asu Avel ba'Mishpat"?
Rashi #1: A judge who perverts justice is called 'wicked' - and it incorporates San'uy (hated), Meshukatz (loathsome) , Cheirem (banned) and To'eivah (disgusting) - since we find that 'Avel' is called To'eivah, 1 and To'eivah 2 is called Sheketz and Cheirem. 3
Rashi #2: "Lo Sa'asu Avel" is a La'av even without Mishpat ? 'Sit idly and don't wrong others'.
In Ki Seitzei, Devarim 25:16.
And the Torah writes in Re'ei, Devarim, 12:31 "Kol To'avas Hashem asher Sanei".
See Eikev, Devarim 7:26. Refer also to 19:35:1:1.
Why does the Torah need to write "Lo Sisa P'nei Dal"? why would we think that it is permitted?
Rashi: Because 'the Ashir is obligated to support him, and we might therefore have thought that it is permitted to [falsely] rule that the Ashir owes him money, in which case he is supported honorably, than through Tzedakah.' 1
Oznayim la'Torah: If the Dayan is so concerned about the wellbeing of the Ani, let him open his purse and sustain him! Why place the onus on the rich litigant to do so?
What is the meaning of "ve'Lo Sehdar P'nei Gadol"?
Rashi: It means that the Dayan should not say that a litigant is wealthy or he is a man of standing, so 'How can I embarrass him?' 1
SeMaG (La'avin 203): Do not favor the man of high standing either because he would not lie or because one is obligated to honor him. 2
Oznayim la'Torah (citing Seifer ha'Chinuch): This is referring even to giving him preferential treatment (without actually ruling in his favor) - because this causes his opponent to become tongue-tied. See Oznayim la'Torah, who elaborates.
SeMaG: 'So I will vindicate him, and when he leaves Beis Din, I will tell him to pay since really he is in the wrong.' And even if he rules based on the witnesses, when his opponent sees this, he is confounded and cannot claim properly.
What does the Torah mean when it adds "be'Tzedek Tishpot Amisecha"?
Rashi #1, Targum Onkelos and Targum Yonasan: It is an Asei to judge correctly.
Rashi #2: It is a command to judge one's fellow-Jew 1 favorably ('Dan le'Kaf Z'chus').
Moshav Zekenim: "Amisecha" refers to Hashem. If Midas ha'Din obligates you to pay, acknowlefge it and bless the Dayan ha'Emes. 2
Sanhedrin, 3a: It implies 3 that min ha'Torah, one Dayan is eligible to rule, and it is only on account of the 'Yoshvei K'ranos' 4 that the Chachamim required three Dayanim.
Shevu'os, 30a: It comes to teach us that Beis-Din should not allow one litigant to sit and the other, to stand, or one litigant to speak freely and curtail the speech of the other. 5
See Sifsei Chachamim and Torah Temimah, note 100.
Moshav Zekenim: Therefore, it is customary to say aloud "ve'Atah Tzadik al Kol ha'Ba aleinu."
Since the word "Sishpot" is written in the singular.
In case it happens that the Dayan is an Am ha'Aretz - See Torah Temimah, note 98.
See Torah Temmah, note 99.
How will we reconcile this Pasuk, which implies that one should judge corretly, with the Pasuk in Shoftim Devarim, 18:20 "Tzedek Tzedek Tirdof", which implies that the Din requires additional scrutiny"?
Shevu'os, 32b: The Pasuk in Shoftim is referring to a Din Merumeh - where everthing seems above board, but where the Dayanim sense that something is 'fishy'. 1
See Torah Temimah, note 102.
What are the implications of the word "Amisecha"?
Shevu'os, 30a #1: It is the acronym of 'Am she'Itcha' (be'Torah u'va'Mitzvos) - with reference to a Talmid-Chacham, 1 and it implies that one should give a Talmid-Chacham preferential treatment by judging his case first.
Shevu'os 30a #2 (according to the Torah Torah Temimah #1 - based on Shabbos, 119a: It implies that the Dayanim should review the case of a Talmid-Chacham 2 over and over again to try and find evidence to rule in his favor.
Shevu'os, 30a #3 (according to the Torah Torah Temimah #2 - based on Bava Metzi'a, 59a): It implies that the Dayanim should judge the Din of a Yisrael who 'is with you' - who keeps Torah and Mitzvos. 3
