פרשת דברים תשי"ג - "הבו לכם אנשים חכמים..."

Get you, from each one of your tribes, wise men, and understanding, and full of knowledge, and I will make them heads over you.’

וידעים לשבטיכם AND [MEN] KNOWN AMONGST YOUR TRIBES — i.e. men who are known to you. For if he were to come before me wrapped in his robe, “I" would not know who he is and of what tribe he is, and whether he is fitted for the office: but you know him for you have been brought up with him. On this account it states: known amongst your tribes (Sifrei Devarim 13:4).

ותענו אתי וגו׳ AND YE ANSWERED ME, etc. — You at once decided the matter to your benefit. You should really have replied: Our teacher, Moses! From whom is it more fitting to learn, from you or from your disciple? Is it not from you who have taken such pains about it? But I knew your thoughts: you said, “Many judges will now be appointed over us; if one of them does not happen to be an acquaintance of ours, we shall bring him a gift and he will show us favour (Sifrei Devarim 14).

לעשות TO DO — If I showed myself remiss, you said: act quickly (Sifrei Devarim 14).

ואקח את ראשי שבטיכם SO I TOOK THE HEADS OF YOUR TRIBES — I took them by fine words: Happy are you! Over whom are you about to be appointed? Over the sons of Abraham, Isaac and Jacob — over the sons of people who are called God's brethren and friends, God's portion and inheritance and to whom is applied every other expression denoting affection (Sifrei Devarim 15:1; cf. Targum Jonathan).

ואצוה את שפטיכם AND I COMMANDED YOUR JUDGES — I said to them: be deliberate in judgment: if a certain point of law comes before you once, twice, three times, do not say, "This point of law has already come before me several times”, but discuss it well on that occasion also (Sifrei Devarim 16:1).

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 that is with him.

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.

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 that is with him.

שמוע בין אחיכם ושפטתם צדק, "listen to your brethren so that you can judge fairly." This whole verse is problematical. How could the judges arrive at a fair judgment unless they had first listened to the arguments of the litigants? Secondly, why did the Torah not simply write an imperative such as שמעו, instead of writing the word שמוע in the infinitive? Clearly, Moses' intention was to make the listening to the litigants' argument an ongoing rather than a one time process. The judges should not give way to the feeling that they had already listened to the litigant enough times so that they are sick and tired of hearing the same thing again and again. There are two aspects to the matter. 1) The judges should not display reluctance to hear renewed arguments by a litigant who claims that he has another point in his favour. 2) The judges should not postpone continuation of the hearing to another date as they are tired of hearing anymore on that particular day, but the proceedings should be wound up in one session if possible. Basically, the subject Moses instructs the judges on is what is called ענוי הדין, postponement of sentence.