Psalmów 73:21 Halacha: Shulchan Arukh, Choshen Mishpat

The Judge must be patient in the [administration of] justice¹Yad, Sanhedrin XX, 7 and Tur a.l., derived from Aboth I, 1: ‘Be patient in judgment.’ [viz.,] that he should not give a decision before he protracts [his deliberations]²San. 35a: ‘Raba derived it from here: Ashsheru ḥamoẓ (Is. I, 17), i.e., praise (אשרו is explained ‘declare happy’) the Judge (in capital cases) who reserves (lit. ‘makes sour’ or ‘preserves,’ i.e., he protracts his deliberations) his judgment (overnight).’ Tur cites כי יתחמץ לבבי וכליותי אשתונן (Ps. LXXIII, 21) which may be rendered, For my heart (i.e., my mind) matures (by protracting the deliberations) and (through) my reins (fig. the soul or mind) I will become sharpened (i.e., through mature judgment). Cf. Ibn Ezra a.l. and v. Ha-Oẓar by S. J. Fin, s.v. שנן ,חמץ. E. renders, For my heart was in a ferment, and I was pricked in my reins. Yad ibid. cites And the cause of him that I knew not I searched out (Job. XXIX, 16). and discussed it [the law]³Mishna San. III, 6(29a): After examining the witnesses separately, it is stated that ‘if their statements agreed, they (the Judges) discuss the case,’ whence we infer that a discussion must always take place in order to establish the truth. and it becomes clear to him as the sun[light].⁴San. 7b: ‘R. Joshiah… expounded: What is the meaning of the text, O, house of David, thus saith the Lord: Execute justice in the morning and deliver the spoiled out of the hand of the oppressor (Jer. XXI, 12). Is justice executed in the morning and not during the whole day? — It means rather that if it (i.e., the judgment that you are to pronounce) is clear to you as the morning (light), pronounce it, but if not, do not pronounce it.’ He who gives legal decisions in haughtiness and rashly decides the law before he examines it well in private until it becomes clear to him as the sun[light], is regarded foolish, wicked and presumptuous.⁵Aboth IV, 7. ‘Foolish,’ since he regards himself a wise man and is too sure of his knowledge (cf. Prov. XXVI, 12) ; ‘Wicked,’ for he perverts justice; ‘Presumptuous’ because he is over-confident and consequently, is not patient in the administration of justice — M.E.