שֶׁנֶּאֱמַר: ״הִנֵּה מִטָּתוֹ שֶׁלִּשְׁלֹמֹה שִׁשִּׁים גִּבֹּרִים סָבִיב לָהּ מִגִּבֹּרֵי יִשְׂרָאֵל כֻּלָּם אֲחֻזֵי חֶרֶב מְלֻמְּדֵי מִלְחָמָה אִישׁ חַרְבּוֹ עַל יְרֵכוֹ מִפַּחַד בַּלֵּילוֹת״ – מִפַּחְדָּהּ שֶׁל גֵּיהִנָּם שֶׁדּוֹמֶה לְלַיְלָה.

as it is stated: “Behold, it is the bed of Solomon; sixty mighty men are around it, of the mighty men of Israel. They all handle the sword, and are expert in war; every man has his sword upon his thigh due to dread in the night” (Song of Songs 3:7–8). The words “due to dread in the night” mean due to the dread of Gehenna, which is similar to the night. Rabbi Shmuel bar Naḥmani interprets this verse as referring to judges, who are called: Mighty men of Israel, as they preside in the Temple, which is termed: The bed of God. In this verse, God is referred to as: Solomon [ Shlomo ], the King to Whom peace [ shalom ] belongs.

דְּרַשׁ רַבִּי יֹאשִׁיָּה וְאִיתֵימָא רַב נַחְמָן בַּר יִצְחָק: מַאי דִּכְתִיב: ״בֵּית דָּוִד כֹּה אָמַר ה׳ דִּינוּ לַבֹּקֶר מִשְׁפָּט וְהַצִּילוּ גָזוּל מִיַּד עוֹשֵׁק״, וְכִי בַּבֹּקֶר דָּנִין וְכָל הַיּוֹם אֵין דָּנִין? אֶלָּא: אִם בָּרוּר לְךָ הַדָּבָר כַּבֹּקֶר – אָמְרֵהוּ, וְאִם לָאו – אַל תֹּאמְרֵהוּ. רַבִּי חִיָּיא בַּר אַבָּא אָמַר רַבִּי יוֹנָתָן מֵהָכָא: ״אֱמֹר לַחָכְמָה אֲחֹתִי אָתְּ״. אִם בָּרוּר לְךָ הַדָּבָר כַּאֲחוֹתְךָ שֶׁהִיא אֲסוּרָה לְךָ, אוֹמְרֵהוּ; וְאִם לָאו, אַל תֹּאמְרֵהוּ.

Rabbi Yoshiya, and some say Rav Naḥman bar Yitzḥak, interpreted a verse homiletically. What is the meaning of that which is written: “House of David, so says the Lord: Execute justice in the morning, and deliver the spoiled out of the hand of the oppressor” (Jeremiah 21:12)? And is it so that a court may judge in the morning, and all the rest of the day a court may not judge? Why does the verse specifically relate to judging in the morning? Rather, the meaning is: If the matter is as clear to you as the morning, state the verdict; and if not, do not state it. Rabbi Ḥiyya bar Abba says that Rabbi Yonatan says this principle may be derived from here: “Say to wisdom: You are my sister” (Proverbs 7:4). If the matter is as clear to you as the fact that your sister is forbidden to you, state it, and if not, do not state it.

אָמַר רַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: עֲשָׂרָה שֶׁיּוֹשְׁבִין בַּדִּין – קוֹלָר תָּלוּי בְּצַוַּאר כּוּלָּן. פְּשִׁיטָא! לֹא צְרִיכָא אֶלָּא לְתַלְמִיד הַיּוֹשֵׁב לִפְנֵי רַבּוֹ.

Rabbi Yehoshua ben Levi says: If ten judges are sitting in judgment, a prisoner’s collar [ kolar ], referring to responsibility for the consequences of an incorrect verdict, hangs around all of their necks. The Gemara asks: Isn’t it obvious that all of the judges bear joint responsibility for the verdict? The Gemara answers: It is necessary only in order to include a student who is sitting in front of his teacher in the court, and notices that his teacher erred. Although he is not formally part of the court, he nevertheless bears responsibility if he remains silent.

רַב הוּנָא כִּי הֲוָה אָתֵי דִּינָא לְקַמֵּיהּ, מִיכְנִיף וּמַיְיתִי עֲשָׂרָה רַבָּנַן מִבֵּי רַב. אֲמַר: כִּי הֵיכִי דְּלִימְטִיָין שִׁיבָּא מִכִּשׁוּרָא. רַב אַשִׁי, כִּי הֲוָה אָתֵי טְרֵיפְתָא לְקַמֵּיהּ מִכְנִיף וּמַיְיתִי לְהוּ לְכוּלְּהוּ טַבָּחֵי דְּמָתָא מְחַסְיָא, אֲמַר: כִּי הֵיכִי דְּלִימְטִיָין שִׁיבָּא מִכִּשׁוּרָא.

The Gemara relates concerning Rav Huna that when a case would come before him for judgment, he would gather and bring ten rabbis from Rav’s study hall. He would say: I do this so that only a small part of the responsibility, comparable to a splinter from a beam, will reach each of us. The greater the number of judges, the less responsibility each one assumes for the verdict. Similarly, with Rav Ashi, when a person would come before him with meat suspected to be from an animal with a wound that will cause it to die within twelve months [ tereifta ], he would gather and bring together all the butchers of Mata Meḥasya and consult with them before ruling on the status of the meat. He would say to them: I do this so that only a small part of the responsibility, comparable to a splinter from a beam, will reach each of us.

כִּי אֲתָא רַב דִּימִי, אֲמַר: דְּרַשׁ רַב נַחְמָן בַּר כֹּהֵן: מַאי דִּכְתִיב: ״מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָּה״, אִם דַּיָּין דּוֹמֶה לְמֶלֶךְ, שֶׁאֵינוֹ צָרִיךְ לִכְלוּם, יַעֲמִיד אָרֶץ; וְאִם דּוֹמֶה לְכֹהֵן שֶׁמְּחַזֵּר בְּבֵית הַגְּרָנוֹת, יֶהֶרְסֶנָּה.

When Rav Dimi came from Eretz Yisrael, he said: Rav Naḥman bar Kohen interpreted a verse homiletically: What is the meaning of that which is written: “The king by justice establishes the land; but he who exacts gifts [ terumot ] overthrows it” (Proverbs 29:4)? This teaches that if the judge is like a king in that he does not need anything and is not dependent on anyone, he establishes the land, i.e., he can serve as a judge. But if he is like a priest who seeks out his terumot from various granaries, as he is dependent on others, he overthrows the land.

דְּבֵי נְשִׂיאָה אוֹקְמוּ דַּיָּינָא דְּלָא הֲוָה גְּמִיר. אֲמַר לֵיהּ לִיהוּדָה בַּר נַחְמָנִי מְתוּרְגְּמָנֵיהּ דְּרֵישׁ לָקִישׁ: ״קוּם עֲלֵיהּ בָּאָמוֹרָא״. קָם, גָּחֵין עֲלֵיהּ, וְלָא אֲמַר לֵיהּ וְלָא מִידֵּי.

In the house of the Nasi , they appointed a judge who was not learned. This judge said to Yehuda bar Naḥmani, who was the interpreter of Reish Lakish and whose role was to repeat and explain the Sage’s lectures: Stand over me as an interpreter, and I will lecture. Yehuda bar Naḥmani arose and bent over him in the conventional manner, to hear the judge’s words. And, being ignorant, the judge did not say anything to him.

פָּתַח וְאָמַר: ״׳הוֹי אוֹמֵר לָעֵץ הָקִיצָה עוּרִי לְאֶבֶן דּוּמָם הוּא יוֹרֶה? הִנֵּה, הוּא תָּפוּשׂ זָהָב וָכֶסֶף, וְכָל רוּחַ אֵין בְּקִרְבּוֹ׳. וְעָתִיד, הַקָּדוֹשׁ בָּרוּךְ הוּא, לִיפָּרַע מִמַּעֲמִידִין, שֶׁנֶּאֱמַר ׳וַה׳ בְּהֵיכָל קָדְשׁוֹ; הַס מִפָּנָיו כָּל הָאָרֶץ׳״.

The interpreter began and said: The verse states: “Woe to him who says to the wood: Awake, to the dumb stone: Arise. Can this teach? Behold, it is overlaid with gold and silver, and there is no breath at all in the midst of it” (Habakkuk 2:19). So is this judge, appointed to teach the public for gold, i.e., for payment, but no more qualified than wood and stone. And in the future, the Holy One, Blessed be He, will punish those who appoint such judges, as it is stated in the next verse: “But the Lord is in His holy Sanctuary; let all the earth be silent before Him” (Habakkuk 2:20). God, Who is above everything, will judge those responsible for such appointments.

אָמַר רֵישׁ לָקִישׁ: כָּל הַמַּעֲמִיד דַּיָּין עַל הַצִּיבּוּר שֶׁאֵינוֹ הָגוּן כְּאִילּוּ נוֹטֵעַ אֲשֵׁירָה בְּיִשְׂרָאֵל, שֶׁנֶּאֱמַר: ״שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן לְךָ״, וּסְמִיךְ לֵיהּ: ״לֹא תִטַּע לְךָ אֲשֵׁרָה כָּל עֵץ״. אָמַר רַב אַשִׁי: וּבִמְקוֹם שֶׁיֵּשׁ תַּלְמִידֵי חֲכָמִים כְּאִילּוּ נְטָעוֹ אֵצֶל מִזְבֵּחַ, שֶׁנֶּאֱמַר ״אֵצֶל מִזְבַּח ה׳ אֱלֹהֶיךָ״.

Reish Lakish says: With regard to anyone who appoints over the community a judge who is not fit, it is as though he plants a tree used as part of idolatrous rites [ ashera ] among the Jewish people, as it is stated: “You shall make judges and officers for yourself” (Deuteronomy 16:18), and juxtaposed to it, it is written: “You shall not plant yourself an ashera of any kind of tree” (Deuteronomy 16:21). By implication, appointing unfit judges is akin to planting a tree for idolatry. Rav Ashi says: And in a place where there are Torah scholars, it is as though he planted the tree next to the altar, as it is stated: “You shall not plant yourself an ashera … beside the altar of the Lord your God.”

כְּתִיב: ״לֹא תַעֲשׂוּן אִתִּי אֱלֹהֵי כֶסֶף וֵאלֹהֵי זָהָב״. אֱלֹהֵי כֶסֶף וֶאֱלֹהֵי זָהָב הוּא דְּלָא עָבְדִי. הָא דְּעֵץ שָׁרֵי? אָמַר רַב אַשִׁי: אֱלוֹהַּ הַבָּא בִּשְׁבִיל כֶּסֶף, וֶאֱלוֹהַּ הַבָּא בִּשְׁבִיל זָהָב.

It is written: “You shall not make with Me gods of [ elohei ] silver and gods of gold” (Exodus 20:20). The Gemara asks: It is gods of silver and gods of gold that you may not make, but are gods of wood permitted? Rather, Rav Ashi says: This verse discusses a judge, called elohim , who comes, i.e., is appointed, due to payment of silver, and a judge who comes due to payment of gold.

רַב כִּי הֲוָה אָתֵי לְבֵי דִּינָא אָמַר הָכִי: ״בִּרְעוּת נַפְשֵׁיהּ לִקְטָלָא נָפֵיק, וּצְבִי בֵּיתֵיהּ לֵית הוּא עָבֵיד, וְרֵיקָן לְבֵיתֵיהּ עָיֵיל, וּלְוַאי שֶׁתְּהֵא בִּיאָה כִּיצִיאָה״.

The Gemara relates that Rav, when he would come to court to judge a case, would say this about himself: By his own will he goes out to danger of death, as a judge who misjudges a case is liable to receive the punishment of death at the hand of Heaven; and he does not do what is necessary to provide for the needs of his house, and he enters his home empty-handed, because a judge does not receive a salary. He said: If only it should be so that his entry into his home will be the same as his departure, without sin or transgression.

כִּי הָוֵי חָזֵי אַמְבּוּהָא דְּסָפְרֵי אַבַּתְרֵיהּ, אָמַר: ״אִם יַעֲלֶה לַשָּׁמַיִם שִׂיאוֹ״ [וגו׳]; ״כְּגֶלְלוֹ לָנֶצַח יֹאבֵד״ וגו׳. מָר זוּטְרָא חֲסִידָא, כִּי הָווּ מְכַתְּפִי לֵיהּ בְּשַׁבְּתָא דְּרִיגְלָא, אָמַר הָכִי: ״כִּי לֹא לְעוֹלָם חֹסֶן; וְאִם נֵזֶר לְדוֹר וָדוֹר״.

In a similar demonstration of humility, when Rav would see a convoy [ ambuha ] of scribes following after him to honor him, he would say: “Though his excellency mount up to the heavens and his head reach the clouds, yet he shall perish forever like his own dung; they who have seen him shall say: Where is he?” (Job 20:6–7). It is said of Mar Zutra the Pious that when the people would carry him to his lectures on their shoulders during Shabbat of the Festival, he would say this to avoid becoming arrogant: “For power is not forever, and does the crown endure for all generations?” (Proverbs 27:24).

דְּרַשׁ בַּר קַפָּרָא: מְנָא הָא מִילְּתָא דְּאָמְרוּ רַבָּנַן, ״הֱווּ מְתוּנִין בַּדִּין״? דִּכְתִיב: ״לֹא תַעֲלֶה בְמַעֲלֹת״, וּסְמִיךְ לֵיהּ: ״וְאֵלֶּה הַמִּשְׁפָּטִים״. אָמַר רַבִּי אֱלִיעֶזֶר: מִנַּיִין לַדַּיָּין שֶׁלֹּא יִפְסַע עַל רָאשֵׁי עַם קוֹדֶשׁ? שֶׁנֶּאֱמַר: ״לֹא תַעֲלֶה בְמַעֲלֹת״, וּסְמִיךְ לֵיהּ: ״וְאֵלֶּה הַמִּשְׁפָּטִים״.

Bar Kappara taught, based on a homiletical interpretation of a verse: From where is this matter that the Sages stated derived: Be temperate in judgment ( Avot 1:1)? As it is written: “Neither shall you go up by steps onto My altar” (Exodus 20:23), i.e., do not ascend hurriedly, and juxtaposed to it, it is written: “Now these are the ordinances that you shall set before them” (Exodus 21:1). Rabbi Eliezer says: From where is it derived that a judge may not step over the heads of the sacred nation, walking among those assembled for the lecture, who would sit upon the floor, in such a manner that he has the appearance of stepping on them? It is derived from that which is stated: “Neither shall you go up by steps,” and juxtaposed to it is an introduction to civil laws and courtroom regulations: “Now these are the ordinances.” This indicates that the prohibition against ascending upon steps applies to judges.

״אֲשֶׁר תָּשִׂים״? ״אֲשֶׁר תְּלַמְּדֵם״ מִיבָּעֵי לֵיהּ! אָמַר רַבִּי יִרְמְיָה וְאִיתֵימָא רַבִּי חִיָּיא בַּר אַבָּא: אֵלּוּ כְּלֵי הַדַּיָּינִין. רַב הוּנָא, כִּי הֲוָה נָפֵק לְדִינָא אָמַר הָכִי: אַפִּיקוּ לִי מָאנֵי חֲנוּתַאי: מַקֵּל וּרְצוּעָה, וְשׁוּפְרָא וְסַנְדְּלָא.

The Gemara interprets the second part of the verse cited above: “Now these are the ordinances that you shall set before them.” The verse should have stated: That you shall teach them. What is indicated by the phrase: “Set before them”? Rabbi Yirmeya, and some say Rabbi Ḥiyya bar Abba, says: These are the judges’ tools. To illustrate this, the Gemara relates that Rav Huna, when he would go out to a judgment, would say this: Take out for me tools from my shop: A rod and strap, with which to flog transgressors; and a shofar, necessary in the event that someone must be excommunicated; and a sandal, necessary in the event of ḥalitza , the procedure by which a levirate marriage is rejected.

״וָאֲצַוֶּה אֶת שֹׁפְטֵיכֶם בָּעֵת הַהִיא״. אָמַר רַבִּי יוֹחָנָן: כְּנֶגֶד מַקֵּל וּרְצוּעָה תְּהֵא זָרִיז. ״שָׁמֹעַ בֵּין אֲחֵיכֶם וּשְׁפַטְתֶּם״. אָמַר רַבִּי חֲנִינָא: אַזְהָרָה לְבֵית דִּין שֶׁלֹּא יִשְׁמַע דִּבְרֵי בַעַל דִּין קוֹדֶם שֶׁיָּבֹא בַּעַל דִּין חֲבֵירוֹ, וְאַזְהָרָה לְבַעַל דִּין שֶׁלֹּא יַטְעִים דְּבָרָיו לַדַּיָּין קוֹדֶם שֶׁיָּבֹא בַּעַל דִּין חֲבֵירוֹ. קְרִי בֵּיהּ נַמִי: ״שָׁמֹעַ בֵּין אֲחֵיכֶם״.

The Gemara interprets other verses related to the topic of adjudicating cases. “And I charged your judges at that time, saying: Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger who is with him” (Deuteronomy 1:16). Understanding that the word “charged” indicates alacrity, Rabbi Yoḥanan says: Moses urged the judges: With regard to the rod and the strap, be vigilant. With regard to the clause “Hear the causes between your brethren, and judge,” Rabbi Ḥanina says: This is a warning to a court that it may not hear the statement of one litigant before the other litigant comes, and it is a warning to a litigant that he may not explain his statement to the judge before the other litigant comes. Read into the phrase in the verse: “Hear the causes between your brethren,” that it is also concerning the litigant. Although he is not the judge, he is also required to assure that the case is conducted in the presence of both parties.

רַב כָּהֲנָא אָמַר מֵהָכָא: מִ״לֹא תִשָּׂא״ – ״לֹא תַשִּׂיא״.

Rav Kahana says the litigant’s responsibility may be derived from here: From “you shall not bear [ tissa ] a false report” (Exodus 23:1). Although conjugated in this manner the verb would seem to be addressed to the judges, commanding them not to lend credence to a false report, the term may also be read as: You shall not deliver [ tassi ] a false report, conjugated so that it addresses the litigants and the witnesses.

״וּשְׁפַטְתֶּם צֶדֶק״. אָמַר רֵישׁ לָקִישׁ: צַדֵּק אֶת הַדִּין וְאַחַר כָּךְ חָתְכֵהוּ, ״בֵין אִישׁ וּבֵין אָחִיו וּבֵין גֵּרוֹ״. אָמַר רַב יְהוּדָה: אֲפִילּוּ בֵּין בַּיִת לַעֲלִיָּיה.

The Gemara returns to the verse in Deuteronomy cited above: “And I charged your judges at that time, saying: Hear the causes between your brethren, and judge righteously.” Reish Lakish says: Verify the judgment by meticulously examining the particulars of the case, and only afterward, implement it. The verse continues: “Between a man and his brother, and the stranger who is with him.” Rav Yehuda says: The judge must distinguish even between the merits of a house and the upper story when dividing a two-floor property among inheriting brothers.

״וּבֵין גֵּרוֹ״. אָמַר רַב יְהוּדָה: אֲפִילּוּ בֵּין תַּנּוּר לְכִירַיִם.

With regard to the clause in the verse: “And the stranger who is with him [ gero ],” the word gero resembles the word: Dwell [ gur ], and Rav Yehuda says: This word teaches that the judge must distinguish even between the merits of an oven and a stove. The judge must carefully weigh how to divide even these domestic items in a case of inheritance, to ensure that the distribution of property is absolutely equitable.

״לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט״. רַבִּי יְהוּדָה אוֹמֵר: לֹא תַּכִּירֵהוּ. רַבִּי אֶלְעָזָר אוֹמֵר: לֹא תְּנַכְּרֵהוּ.

The next verse states: “You shall not respect [ takiru ] people in judgment; you shall hear the small and the great alike; you shall not be afraid before any man, for the judgment is God’s; and the cause that is too hard for you, you shall bring to me, and I will hear it” (Deuteronomy 1:17). Rabbi Yehuda says: Do not recognize him [ takirehu ], i.e., do not acknowledge the litigant as a friend in your role as a judge. Rabbi Elazar says: Even if he is your opponent, do not estrange him [ tenakerehu ] in such a way as to prejudge him as liable, but treat him as though you do not know him at all.

אוֹשְׁפִּיזְכָנֵיהּ דְּרַב אֲתָא לְקַמֵּיהּ לְדִינָא. אָמַר לוֹ: ״לָאו אוּשְׁפִּיזְכָנִי אַתְּ״? אֲמַר לוֹ: ״אִין״. אֲמַר לֵיהּ: ״דִּינָא אִית לִי״. אֲמַר לֵיהּ:

Rav’s host [ ushpizekhaneih ], with whom he would stay occasionally, came before him for a judgment. Rav said to the host: Are you not my host? He said to him: Yes, I am. The host then said to him: I have a dispute with another that needs a judgment. Rav said to him: