Today’s daf TB Sanhedrin 8 continues to impress upon the judges that they should comport themselves at the most professional level as possible.
First of
all, the judges must remain impartial when judging two people. “Rav’s host [ushpizekhaneih],
with whom he would stay occasionally, came before him for a judgment.
Rav said to the host: Are you not my host? He said to him:
Yes, I am. The host then said to him: I have a dispute with another
that needs a judgment. Rav said to him: I am disqualified to
judge for you, because I may be partial to you due to what you’ve done for
me. Rav said to Rav Kahana: Go out and judge the case. Rav Kahana
saw that Rav’s host was acting haughtily due to his relationship
with Rav, as he presumed that Rav Kahana was predisposed to favor him. Rav
Kahana said to the host: If you are prepared to listen,
then listen to me and follow my instructions. And if not, I will take
Rav out of your ears. I will treat you harshly, and you will understand
that your relationship with Rav will not help you at all. (Rashi explains that if
you don’t listen, I will excommunicate you. When you are excommunicated Rav will
not be able to be within four amot
within your presence. Thusly, I will take Rav out of the equation-gg)” (TB
Sanhedrin 7b-8a, Sefaria.org translation)
Secondly, judges
should adjudicate the cases as the come before them and not favor the larger
case over a smaller case. “The Gemara continues to interpret clauses from the
verse cited above. “You shall hear the small and the great alike”
(Deuteronomy 1:17). Reish Lakish says: This teaches that the judgment
of one peruta should be as dear, i.e., important, to you as the
judgment of one hundred maneh, i.e., ten thousand dinars. The Gemara
asks: With regard to what halakha is this said? If we say
it is with regard to the need to study it carefully and to decide
the case justly, it is obvious that even cases relating to small sums
must be judged thoroughly. Rather, Reish Lakish was speaking with regard
to giving it precedence: The small claims case may not be deferred in
favor of the larger claim merely because the disputed sum is smaller.”
(Sefaria.org translation)
Lastly, just
as people should respect judges, the judges must have thick skins when the
community criticizes them. “The Gemara continues to interpret verses pertaining
to judges and judgment. It is written: “And I charged your judges at that
time” (Deuteronomy 1:16), and it is written soon thereafter: “And
I commanded you at that time all the things that you should do”
(Deuteronomy 1:18). There is an apparent contradiction between these verses, as
one indicates God commanded the judges and the other indicates He commanded the
people. Rabbi Elazar says that Rabbi Simlai says: Moses issued a
warning to the community that the awe of the judge must be upon them, and
Moses issued a warning to the judge that he must bear the burden
of the community. Up to what degree must the judge bear this burden? Rabbi
Ḥanan, and some say Rabbi Shabbtai, says: It is as Moses said, that he
carried Israel “as a nursing father carries the sucking child” (Numbers
11:12). (I don’t have to tell any parent, how much work a baby requires!-gg)” (Sefaria.org
translation)
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