Deuteronómio 26:10 Halajá: Shulchan Arukh, Choshen Mishpat & Sefer HaChinukh

A Court of three [Judges] of which one was a proselyte is unfit to judge a fellow Israelite¹e., in civil suits — M.E. Thus also Yad, Sanhedrin XI, 11 and cf. ibid. Melakim I, 4. Derived from Yeb. 102a: ‘Raba said: A proselyte may judge a fellow proselyte according to Biblical law, for it is said, Thou shalt in any wise set him king over thee, whom the Lord thy G-d shall choose, one from among thy bretheren, shalt thou set king over thee (Deut. XVII, 15. ‘King’ is taken to mean also ‘Judge.’ Prov. XXIX, 4); only when set over thee must he be one from among thy brethren, but a proselyte may judge his fellow proselyte.’ Rashi explains this passage as referring to capital cases, for as far as civil suits are concerned, a proselyte may judge even Israelites according to Mishna San. 32a: ‘All are eligible to judge civil suits’ which is explained in Gemara ibid. 36b: ‘All includes a proselyte.’ Tosaf. (Yeb. 45b, s.v. כיון) however, maintain that the passage in Yeb. 102a refers to civil suits (i.e., if his mother was not an Israelitish woman he may judge only a fellow proselyte in civil suits but not an Israelite), and as to the text in San. ibid. it refers to a proselyte who judges a fellow proselyte only. Alfasi and Asheri write that in San. we deal with a proselyte whose mother was an Israelitish woman. Caro’s present ruling, viz., that even if one of the members of the Beth Din is a proselyte, the Court is unfit to judge an Israelite, is derived from Yeb. 101b: ‘R. Samuel b. Judah was once standing before Rab Judah when the latter said to him, Come up to this bundle of reeds (a place designated for a Ḥaliẓah ceremony) to be counted in the number of five (judges at the Ḥaliẓah ceremony) so that the matter be publicized well (i.e., in order that it become known that she is a Ḥaluẓah and forbidden to a Kohen). We have learned, the first said, In Israel (Deut. XXVI, 10) means at a Court of Israelites, but not at a Court of proselytes, and I am a proselyte.’ This shows that even if one of the members of the Court is a proselyte, it is unfit to judge. Even the children’s children of a proselyte are ineligible to judge Israelites — M.E. unless his²The proselyte’s. mother³Yeb. 102a: ‘If his mother was an Israelitish woman (i.e., even if his father is non-Jewish — R.A.Eger) he may judge even an Israelite.’ For then the proselyte is considered one from among thy brethren. , Yeb. 45a and Tosaf. s.v. כיון. Likewise three proselytes whose mothers were Israelitish women may act as Judges of a Beth Din even for Israelites (D.M., B.Yos.) — M.E. or his²The proselyte’s. father⁴Mord. on the authority of Tosaf. (Yeb. 102a, s.v. (לענין חליצה) — G. Cf. Kid. 77a. If his father alone was an Israelite (and his mother was a proselyte — R.A.Eger) it goes without saying that the proselyte may judge a fellow Israelite — M.E. were Israelitish. A proselyte may, however, judge his fellow proselyte⁵e., a real proselyte; but if he was conceived and born in a hallowed condition (his mother became a Jewess before conception), he is regarded as a genuine Israelite, in which case the Judge must be the issue of an Israelitish woman (v. Yeb. 102a, Tosaf. s.v. לענין חליצה and ibid. 98a, Tosaf. s.v. נשא). But as far as the proselyte Judge is concerned even if he was conceived and born in a hallowed condition, he may not judge a fellow-Israelite — R.A. Eger, P.Tesh. although his²The proselyte’s. mother is not an Israelitish woman.⁶ Y.D. § 269 — G. Cf. supra n. D.M. writes on the authority of Mord. that a proselyte may judge another proselyte only with the latter’s consent. M.E. states that he has not found this implication in Mord. nor in Asheri, but the law is (in accordance with Y.D. § 269 end) that a proselyte may judge a fellow proselyte even through compulsion and if the litigant agrees to be tried before a proselyte Judge, the latter may judge even an Israelite. Thus also BaḤ and ShaK.

The commandment of recital over the first-fruits: That we commanded when bringing the first-fruits to the Temple to recite these verses in this section over them; and they are from, “My father was a wandering Aramean” (Deuteronomy 26:5), until “behold I have brought the first of the fruit of the land that the Lord gave me” (Deuteronomy 26:10). And about this is it stated (Deuteronomy 26:5), “And you will answer and you will say in front of the Lord, your God, etc.” And they, may their memory be blessed, called this commandment, (Sotah 32a), “the recital of the first-fruits.” I have written about the commandment of bringing them in the Order of Mishpatim (Sefer HaChinukh 91); and the commandment to bring them is likewise repeated in this section. And we already know that many of the commandments are repeated in the Torah; and all of them are for a great matter or necessity.