Halakhah zu Mischlej 11:13

After they [the Judges] discussed the case, the litigants were brought in and the most distinguished¹The reason why the senior Judge makes this pronouncement is in order that the litigant who was declared guilty should not suspect who was for acquittal or who was for conviction — M.E.. Tosaf. Yom Tob to San, III, 7 writes that the reason is simply to accord honour to the senior Judge because it is not permissible to speak before one who is greater in wisdom. of the Judges says, 'So-and-so, you are not guilty' [or] 'So-and-so, you are guilty'.²Mishna San. 29a. Should the guilty party summon him again before another Court of Law, the latter is not obliged to go to law with him because of the principle ‘One Court of Law is not careful in its examination of a case already tried by another Court of Law.’ Cf. supra § 14, n. 4. Nor is the Court of Law permitted to listen to his pleas — D.M. on the authority of Resp. in Ḥaze ha-Tenufah. And even if the disciples noticed that the verdict is incorrect, they are not permitted to tear up the document, but must wait until the Master himself examines the matter — R. Yeruḥam. It is forbidden for a Judge to say after leaving the Court of Law, 'I was for acquittal but my colleagues were in the majority.' And the one who acts thus comes under the rule of 'He that goeth as a talebearer revealeth secrets.'³Prov. XI, 13. Thus Mishna San. ibid. One who is not a Judge is forbidden to say to a litigant who was convicted that the Judge erred in their decision, for one who says this transgresses He that goeth about as a talebearer revealeth secrets and From a false matter keep thee far and is the cause of enmity and dissension — SeMaG. , K.H., Tummim and P.Tesh for further elucidation.

Other early-day scholars find the obligation to regard all personal or proprietary communications as privileged to be reflected in yet another verse. R. Menahem ha-Me'iri, in his commentary on Yoma 4b, and R. Levi ben Gershon (Ralbag), in his commentary on the scriptural passage, understand Proverbs 11:13 as reflecting the principle enunciated by the Gemara, Yoma 4b. Proverbs 11:13 is usually translated as "He that goes about as a talebearer reveals secrets, but he who is of faithful spirit conceals a matter." Me'iri, however, renders the first half of the verse as "He who reveals a secret is a talebearer" while both Me'iri and Ralbag understand the second part of the verse as referring to a person who "conceals a matter" even though it has not been divulged to him as a secret.