צַדִּ֣יק הָרִאשׁ֣וֹן בְּרִיב֑וֹ יבא־[וּבָֽא־] רֵ֝עֵ֗הוּ וַחֲקָרֽוֹ׃
O que primeiro começa o seu pleito parece justo; até que vem o outro e o examina.
Rabbeinu Bahya
לא תשא שמע שוא, “Do not accept a false report.” The instruction of the Torah to judges is that they shall not accept an oath from people whom they suspect of being prepared to violate it. They must first investigate the matter under dispute to evaluate if an oath would amount to perjury. Another way of explaining these words: “do not accept testimony by one litigant as he may change his testimony when confronted by his antagonist” (Mechilta Kasspa section 20). If the first party testifying in the absence of his antagonist had lied, he might feel forced to deny this by repeating his original statement and confirming it by an oath. Solomon says something along these lines in Proverbs 18,17: “the first one to plead his case appears to be right, until his neighbor comes and examines him.”
Our sages (in the Mechilta already mentioned) understand our verse as a warning not to accept defamations from anybody concerning anybody else. This is also why Onkelos translates the words as: “do not accept untrue reports.”
Our sages (in the Mechilta already mentioned) understand our verse as a warning not to accept defamations from anybody concerning anybody else. This is also why Onkelos translates the words as: “do not accept untrue reports.”