Halakhah su II Cronache 19:16

The Judges are obliged to sit [in judgment] in fear and awe,¹²Yad, Sanhedrin III, 7 and Tur a.l. Derived from San. 7a-b; Yeb. 109b: ‘R. Samuel b. Naḥmani said on the authority of R. Jonathan: A Judge should always picture himself as if he had a sword lying between his thighs and Gehenna open under him, for it is written, Behold it is the litter of Solomon (symbolic of the Shechinah), and round about it three score of the mighty men of Israel (symbolic of the scholars or the sixty myriads of Israel — M.E.) ; they all handle the sword and are expert in war and every man has his sword upon his flank because of the dread in the night (Cant. III, 7-8) — the dread of Gehenna (should there be a perversion of justice) which is compared to the night.’ This ‘dread,’ therefore, should instill in the Judges fear and awe of justice. wrapped [in their Tallith]¹³Wrapping oneself up in a Tallith while administering justice is no longer in vogue today. However, a judge should put on his top mantle or the coat that he wears when attending the Synagogue—P.Tesh. Cf. O.Ḥ. § 232, 2; supra § 5, n. 26. in a solemn frame of mind.¹⁴Heb. בכובד ראש Lit. ‘with heaviness of head.’ Cf. Lat. gravitas. Opp. ‘lightness of head’ קלות ראש equivalent to Lat. levitas. It is forbidden to behave irreverently, or to sit and engage in idle talk in the Court of Law.¹⁵Yad and Tur ibid. The Judge should always picture himself as if he had a sword lying over his neck,¹⁶Thus Alfasi; Yad, Sanhedrin XXIII, 8; Tur a.l. Cur edd. have ‘between his thighs.’ For the expression על צוארו cf. Zohar, Mishpatim 117a: כד דיין דן דינא גיהנם פתוחה לפניו וחרב על צוארו Ibid., Bereshith 44a: כל אינון דיינין דדייני דינא חרבא תליא על רישייהן מלעילא. , Bacher in Moses ben Maimon II, p. 164, n. 3 who was unaware of this source. , text supra n. 1 This refers to the fear of punishment in this world — M.E. and as if the Gehenna is open under him.¹⁷This refers to the fear of punishment in the world to come — M.E. , supra n. 1 He [the Judge] should know whom it is that he is judging, before whom he is judging, and who will call him to account should he turn aside from the line of justice.¹⁸San. 6b: ‘The Judges should know whom it is that they are judging, before whom they are judging, and who will call them to account (should they pervert justice), for it is written, G-d standeth in the Congregation of G-d, in the midst of the judges doth He judge (Ps. LXXXII, 1), and regarding Jehoshaphat it is said, He said to the judges, Consider what ye do, for ye judge not for man, but for the Lord (II Chron. XIX, 6).’ , Yad ibid. Every Judge who does not render a true judgment causes the Shechinah to depart from Israel.¹⁹San. 7b: ‘And every Judge who does not render a judgment in absolute truth, causes the Shechinah to depart from Israel, for it is written, Because of the oppression of the poor, because of the sighing of the needy, now will I arise, saith the Lord (Ps. XII, 6).’ Every Judge who unjustly takes money from one and gives it to another, the Holy One, blessed be He takes from him his life.²⁰San. 7a. Derived from the Scriptural verse, Rob not the poor because he is poor; neither oppress the afflicted in the gate, for the Lord will plead their cause, and will despoil of life those that despoil them (Prov. XXII, 22-23). , Yad ibid., par. 9. Every Judge who judges in absolute truth,²¹Shab. 10a. , supra § 5, n. 20; Yad ibid. even for a single hour, is regarded as though he had perfected the entire world and causes the Shechinah to dwell in Israel.²²San. ibid.: ‘R. Samuel b. Naḥmani reported on the authority of R. Jonathan: Every Judge who renders a judgment in absolute truth (i.e., he does not rely upon the evidence alone, but makes a personal investigation in order to establish the truth. , Tosaf. B.B. s.v. דין; Meg. 15b, s.v. זה), causes the Shechinah to dwell in Israel, for it is written, God standeth in the Congregation of G-d; in the midst of the judges he judgeth (Ps. LXXXII, 1).’ [And] lest the Judge should say, 'Why should I have all this trouble,' it is said. "He is with you in giving judgment,"²³II Chron. XIX, 6. — [i.e.,] the Judge should concern himself only with what he sees with his own eyes.²⁴Tur — G. San. 6b.

Ramban's resolution of the problem is startling, to say the least. His solution is novel but seemingly paradoxical. Ramban responds by stating that the situation of the physician is analogous to that of a judge. The dayyan is commanded to sit in judgment and, declares the Gemara, Sanhedrin 6b, "Lest the judge say, 'Why should I seek this vexation?' the verse states '[God is] with you in the matter of judgment' (II Chronicles 19:6)—the dayyan has only what his eyes see." Nevertheless, in some circumstances, the dayyan will be held liable for judicial malpractice. Ramban adds the remarkable comment that the judge is liable "if he errs and it becomes known to the bet din that he erred … similarly [in the case of the physician], according to the laws of man he is not liable to payment but according to the laws of Heaven he is not quit until he pays for the damage and goes into exile for the death since it has become known that he erred [emphasis added] and has caused damage or caused death by means of a direct act."