Hebrew Bible Study
Hebrew Bible Study

Midrash for Deuteronomy 1:16

וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃

And I charged your judges at that time, saying: ‘Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger that is with him.

Ein Yaakov (Glick Edition)

(Deut. 1, 16) And I commanded your judges at that time. R. Jochanan said: "This is a warning to the judges that they should be careful with the cane and straps." Hear the causes between your brethren and judge righteously. R. Chanina said: "This is a warning to the court that it shall not listen to the claims of one person in the absence of his opponent, for although we read [in the text] Sh'ma (hear), it is nevertheless spelled Shima (be heard) ." R. Cahana said we infer this from (Ex. 23, 1) Thou shalt not receive (Thissa) a false report; read it Thassi — (cause to receive). You shall judge righteously. Resh Lakish said: "This means, you shall deliberate over the case carefully, and make it just in your mind, and only then may you give your decision." Between a man and his brother, and his stranger. R. Juda said: . "Even between a house and its attic." [The judge must not say what is the difference, if one takes without appraising the house and one the attic]? And his stranger — R. Juda says: "This means that between a stove and an oven [the Judge shall not say, What is the difference, if I give him an oven or a stove]? Ye shall not recognize (favor) persons in judgment. R. Juda says: "This means you shall not favor him, even if he is your friend." According to R. Elazar, it means: "You shall not discriminate against him, [if he is your enemy]."
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Midrash Tanchuma

R. Hiyya the son of Abba concluded from the verse Say unto wisdom: “Thou art my sister” (Prov. 7:4) that if the verdict is as clear to you as the fact that your sister is forbidden to you, announce it; but if it is not, do not announce it. R. Joshua the son of Levi said: If ten men sit in judgment, responsibility for the verdict rests upon the neck of each of them. And judge righteously (Deut. 1:16). R. Joshua the son of Levi interprets this verse to mean: One must confirm the justice of the decision before announcing it.
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Midrash Tanchuma

Ye shall hear the small and the great alike (ibid., v. 17). R. Simeon the son of Lakish said: A lawsuit involving a perutah must be considered as important as one involving a hundred maneh. Why need this be stated? Is this not a matter of course? It is mentioned simply to remind you to consider a case only in its proper order. One verse says: And I charged your judgments (Deut. 1:16), while another verse says: And I command you (ibid., v. 18). R. Simlai stated: These verses are a warning to the community to act respectfully to the judges who preside over it, and a warning to the judges to bear patiently with the community. To what extent? R. Hanan said that R. Shabbetai stated: As the nursing father carrieth the suckling child (Num. 11:12). Who is a shrewd scoundrel? R. Hanina says: One who explains his case to the judge before the other litigant arrives.
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Sifrei Devarim

(Devarim 1:16) ("And I charged your judges at that time, saying:hear among your brothers": He told them: Be deliberate in judgment. If a (similar) case comes before you one, two, or three times, do not say: I've already ruled on this several times, but be deliberate in (the) judgment (of each case). And thus did the men of the Great Assembly say. "Be deliberate in judgment, and set up many disciples, and make a fence for the Torah.")
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Sifrei Devarim

(Devarim 1:16) "And I charged your judges at that time, saying": In the past, you were independent; now you are obligated to the congregation.
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