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Misva #415: A Judge Not to Refuse to Rule Due to Fear
FromSefer Hachinuch
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Length:
20 minutes
Released:
Mar 15, 2023
Format:
Podcast episode
Description
The Torah in Parashat Debarim (1:17) commands judges, “Lo Taguru Mipeneh Ish” – “Do not be afraid of any man.” This verse introduces a prohibition forbidding a judge from refusing to issue a ruling on a case he tried out of fear. The Sifri explains that a judge might be afraid to rule against a litigant because this litigant might seek revenge, such as by killing the judge or one of his family members, or damaging his property. The Torah therefore commands, “Lo Taguru Mipeneh Ish,” prohibiting the judge from refraining from issuing what he thinks is the correct ruling out of fear of the losing party. This prohibition applies only after the judge heard the case and has decided which side is correct. At this point, the judge may not refuse to issue the correct ruling. However, a judge is allowed to recuse himself from hearing a case at the outset, if he is concerned for his safety. And even after he has heard the case, if he does not know which side is correct, he may recuse himself at that point. But once he has an idea of which side is correct, he may not desist out of fear of the repercussions of his ruling. If a student who is training to be a judge hears the proceedings and thinks that the judges should rule a certain way, he, too, must speak up, and may not desist out of fear of the guilty party. This prohibition applies in all times and places, and is binding upon judges. A judge who, after hearing a case and determining in whose favor he should rule, refuses to issue a ruling because of his fear of the other party, transgresses this prohibition. He is not liable to Malkut, however, because this prohibition is violated without committing an action.
Released:
Mar 15, 2023
Format:
Podcast episode
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