Deuteronomy 1:16 Midrash: Ein Yaakov (Glick Edition), Midrash Tanchuma & Sifrei Devarim

(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]."

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.

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.