Wednesday, December 25, 2024

How should a judge comport himself? TB Sanhedrin 8

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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