Halakhah for Deuteronomy 1:17

The commandment "You shall not be afraid of the face of any man" (Deuteronomy 1:17) constitutes a charge to judges trying a case not to recuse themselves because they are in fear of the litigants. This exhortation is amplified in the Sifrei, ad locum, with the comment, "Lest you say, 'I am afraid of so and so lest he kill my son or lest he ignite my stack [of corn].'" The injunction cautioning the judge not to be influenced by the possible loss of his harvest is readily understandable. Administration of justice must be made to take precedence over pecuniary loss. The prohibition against withdrawal in face of mortal danger is less comprehensible. The general halakhic principle is that all prohibitions are set aside in face of danger to life. Consistent with that principle, it would follow that a judge who feels intimidated should be permitted to withdraw from the case in order to prevent danger to himself or to others. Some latter-day authorities do indeed believe that conclusion to be correct and offer rather tenuous interpretations of the comments of Sifrei.⁵See R. Jacob Reischer, Teshuvot Shevut Ya‘akov, I, no. 143; R. Moses Schick, Teshuvot Maharam Shik, Oraḥ Ḥayyim, no. 303; idem, Maharam Shik al Taryag Miẓvot, no. 416; and R. Abraham I. Kook, Mishpat Kohen, no. 143. Cf. sources cited in Koveẓ ha-Poskim, Ḥoshen Mishpat 12:1. See also this writer’s comments regarding the views of those authorities, Contemporary Halakhic Problems, II (New York, 1983), pp. 134–138.

The biblical passage "You shall not be afraid of the face of any man" (Deuteronomy 1:17) is understood as an admonition directed to judges. This exhortation is amplified in the Sifre ad loc., with the comment, "Lest you say 'I am afraid of so-and-so lest he kill my son or lest he kindle my stack [of corn].' " R. Yonatan Eibeschutz, Urim ve-Tumim 12:2, states that this exhortation applies only in the case of a judge who has already begun trying a case. However, prior to accepting a case for adjudication, a judge who has reason to be afraid of one of the litigants may justifiably decline to involve himself. Indeed, the Gemara, Sanhedrin 6b, cites this verse in stating that a judge who has already heard the litigants' arguments and knows in which direction "the verdict inclines" is forbidden to withdraw because of fear.

Not to appoint a judge that that does not know the laws of the Torah: That the Great Court or the exilarch was prevented not to appoint a judge to judge people, [who] did not study the wisdom of the Torah and the explanation of its straight and righteous statutes. And even if there are several good characteristics to him, since he is not knowledgeable and an expert in the wisdom of the Torah, it is not fit to appoint him judge. And about this is it stated (Deuteronomy 1:17), "You shall not recognize faces in justice." And so [too,] did they, may their memory be blessed, explain, (Sifrei Devarim 17:1), "'You shall not recognize faces in justice' - this is [addressed to] one who is appointed to seat judges"; meaning to say that this warning comes to him. And they, may their memory be blessed, said (Sifrei Devarim 17:1), "'You shall not recognize faces in justice' - lest you say, 'That man is comely' [or] 'strong' [or wealthy or] 'knows all the languages; I will make him a judge.' Hence it is stated, 'You shall not recognize faces' - as it would come out [that] he exonerates the guilty and incriminates the innocent; not because he is wicked, but because he does not know."

That a judge not fear in judgement: That the judge is prevented from being afraid of a man, to judge a truthful judgement - even if he is a man [that is] destructive, brazen-faced and thick-headed - but rather, he should make the verdict and not put his heart at all to that which may befall him of the [possible] damage [to himself] as a result of the judgment. And about this is it stated (Deuteronomy 1:17), "Do not fear any man." And the language of Sifrei Devarim 17:2 [is] "Lest you say, 'I am afraid of man x lest he kill me or "kill one of the people of my home or lest he burn my stacks or lest he cut down my plantings.' [Hence] we learn to say, 'Do not fear any man.'"