Halakhah su Esodo 18:13

The Hebrew term "mishpatim" is a multivalent term and, depending upon the context, can connote either "ordinances" or "lawsuits." The Gemara, Gittin 88b, assigns the second meaning to this term in commenting "'And these are the lawsuits which you shall place before them'—but not before the courts of gentiles." The conventional translation of the biblical text renders the entire passage simply as an introduction to the lengthy list of jurisprudential ordinances that follow. Rabbinic tradition understands the passage as referring to litigation that may be brought on the basis of those statutes and as expressly commanding that such suits be brought before them, viz., the judges designated for that purpose by Moses. The verse thus refers to the judges whose appointment is recorded in a preceding scriptural section, Exodus 18:13–26.⁴Cf., R. Isaac Elchanan Spektor, Be’er Yiẓḥak, no. 10, sec. 3, s.v. gam.

And from the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 30a) that it not be that one stand and one sit, but rather both of them stand. As in that they are in front of the court, it is fitting for them to stand as if they were in front of the Divine Presence; since the spirit of God dwells among the congregation of the judges of Israel, as it is stated (Psalms 82a), "God stands in the congregation of God." And nonetheless, they, may their memory be blessed, said (Shevuot 30b) that if they wanted to seat the litigants, the option is in their hand. And about what are these words speaking? At the time of give and take. But at the time of the final judgement, there is an obligation to stand, as it is stated (Exodus 18:13), "and the people stood over Moshe." Except that all of the courts of Israel after the Talmud have become accustomed to seat them [in order to avoid] controversy. And even [regarding] the witnesses about whom it is written (Deuteronomy 19:17), "and the two men stand," they have also become accustomed today to seat them (Mishneh Torah, Laws of The Sanhedrin and the Penalties within their Jurisdiction 21:5). [This] and the rest of its details are elucidated in [various] places in Sanhedrin and Shevuot (see Tur, Choshen Mishpat 17).