Midrash su Deuteronomio 19:17
וְעָמְד֧וּ שְׁנֵֽי־הָאֲנָשִׁ֛ים אֲשֶׁר־לָהֶ֥ם הָרִ֖יב לִפְנֵ֣י יְהוָ֑ה לִפְנֵ֤י הַכֹּֽהֲנִים֙ וְהַשֹּׁ֣פְטִ֔ים אֲשֶׁ֥ר יִהְי֖וּ בַּיָּמִ֥ים הָהֵֽם׃
allora entrambi gli uomini, tra i quali si trova la controversia, dovranno stare dinanzi al Signore, davanti ai sacerdoti e ai giudici che saranno in quei giorni.
Mekhilta d'Rabbi Yishmael
(Exodus 23:1) "Do not bear a false report": This is an exhortation against receiving slander. Variantly: It is an exhortation to a judge not to hear the words of one litigant before the other arrives, as it is written (Exodus 22:8) "Unto the judges shall come the matter of both." Variantly: an exhortation to one litigant not to state his case to the judge until his fellow litigant arrives, as it is written (Devarim 19:17) "And the two men shall stand." Abba Chanin says, in the name of R. Elazar: to include the oath (administered) by the judge as requiring "Amen" (being answered after it), lacking which it is rendered a vain oath.
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Ein Yaakov (Glick Edition)
R. Joshua b. Karcha said: "Whence do we infer that if a disciple were present when a case came before his master, and saw a point of defense for the poor and a point of accusation for the rich, that he must not keep silent? It is said (Ib) Ye shall not be afraid of any man." R. Chanina said: "One must not withhold his words out of respect for any one; and witnesses also must be aware against whom they testify, and before whom their testimony is given, and who will punish them [for bearing false witness], as it is said (Deut. 19, 17) Then shall both the men who have the controversy stand before the Lord. And the judge must also be aware whom they judge, and before whom their judgment is rendered, and who will punish them [for rendering wrong judgments], as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And so also it reads (II Chron. 19, 6) Look [well] at what ye are doing; because not for man are ye to judge, but for the Lord. And should the judge say: 'Why should I take the trouble and responsibility upon myself?'— therefore it is said (Ib.) Who is with you in pronouncing judgment. Hence the judge has to decide according to wbat he sees with his eyes."
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Ein Yaakov (Glick Edition)
(Fol. 19) "The king must not act as a judge, nor be summoned before court." R. Joseph said: This is concerning the kings of Israel; but the kings of the house of David may act as a judge, and can be summoned before court, as it is written (Jer. 21, 12) O house of David, thus said the Lord: Exercise justice on every morning. And if they were not be summoned before court, how could they judge? Behold! it is written (Zeph. 2, 1) Gather yourself together. And Resh Lakish said: "This means first correct thyself, then correct others." Why then is it prohibited to the Kings of Israel? Because of the incident which happened with the slave of King Janai, who murdered a person. Simon b. Shetach said to the sages: "Notwithstanding that he is the slave of the king, he must be tried." They sent word to the king: "Your slave has killed a man." And Janai sent his slave to them to be tried. Whereupon they sent to him: "You also must appear before the court, for the Torah says (Ex. 21, 29) Warning has been given to its owners — i.e., the owner of the ox must appear at the time the ox is tried." He then came and took a seat. "Arise King Janai," said Simon b. Chetach, "so that the witnesses shall testify while you stand; yet not for us do you rise, but for Him who commanded and the world came into being, as it is said (Deut. 19, 17) Stand before the Lord." And the king answered: "It must not be as you say, but as the majority of your colleagues shall decide." (Ib. b) Simon then turned to his right, but they cast their eyes down (were afraid to give their opinion). He turned to his left, and they also cast their eyes down. Simon b. Shetach exclaimed: "You are entertaining consideration [of fear] in your mind! May the One who knows [man's] thoughts take revenge upon you." Thereupon Gabriel came and smote them to the floor, and they died. At that time the sages decreed that a king should neither act as a judge nor appear before court; neither be a witness, nor can anyone testify against him.
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