פרשת דברים תשל"א - דברי משה

ואמר אלכם בעת ההוא לאמר AND I SPAKE UNTO YOU AT THAT TIME, SAYING — What is the force of לאמר, (lit., to say. i.e. being bidden to say)? Moses, in effect, said unto them: Not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (Sifrei Devarim 9:1),

איכה אשא לבדי HOW CAN I MYSELF ALONE BEAR [YOUR CUMBRANCE, etc.]? — If I were to say, "I will do so in order to receive a reward for it", I may not do so. This is what I have already said to you: not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (see Rashi v. 9).

ואשמם — This word lacks the letter י (after the ש: our editions, however, have it): this teaches that Israel's transgressions (אשם) are placed upon the heads of their judges, because it is their duty to prevent them from sinning, and to direct them into the right path (Sifrei Devarim 13:6).

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).

בעת ההוא [AND I COMMANDED YOUR JUDGES] AT THAT TIME — As soon as I appointed them, I said to them, "It is not now as heretofore: heretofore you were your own masters (lit., under your own control), now you are in the service of the Community!” (Sifrei Devarim 16:2).

ובין גרו AND BETWEEN HIS גר — this is his opponent in the lawsuit who merely heaps up (אוגר) words against him. Another explanation of AND BETWEEN HIS גר — also in a matter concerning a dwelling house (גור = to dwell), — in the division of property amongst brothers, even if it be a dispute about an oven and a kitchen range (cf. Sifrei Devarim 16:8-9; Sanhedrin 7b).

ובין גרו AND BETWEEN HIS גר — this is his opponent in the lawsuit who merely heaps up (אוגר) words against him. Another explanation of AND BETWEEN HIS גר — also in a matter concerning a dwelling house (גור = to dwell), — in the division of property amongst brothers, even if it be a dispute about an oven and a kitchen range (cf. Sifrei Devarim 16:8-9; Sanhedrin 7b).

Thou shalt not pervert the justice due to the stranger, or to the fatherless; nor take the widow’s raiment to pledge.

Cursed be he that perverteth the justice due to the stranger, fatherless, and widow. And all the people shall say: Amen.

גר ותושב אנכי עמכם I AM A STRANGER AND A SETTLER WITH YOU — A stranger having come from another land, but I have settled down amongst you. A Midrashic explanation is: if you agree to sell me the land then I will regard myself as a stranger and will pay for it, but if not, I shall claim it as a settler and will take it as my legal right, because the Holy One, blessed be He, said to me, (12:7) “Unto thy seed I give this land" (Genesis Rabbah 58:6).

כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a). — Another explanation of YE SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favour of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15). — Another explanation is: that you should not say, “How can I offend against the honour of this rich man because of one dinar? I will for the moment decide in his favour, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'" (Sifrei Devarim 17:3).

כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a). — Another explanation of YE SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favour of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15). — Another explanation is: that you should not say, “How can I offend against the honour of this rich man because of one dinar? I will for the moment decide in his favour, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'" (Sifrei Devarim 17:3).

כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a). — Another explanation of YE SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favour of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15). — Another explanation is: that you should not say, “How can I offend against the honour of this rich man because of one dinar? I will for the moment decide in his favour, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'" (Sifrei Devarim 17:3).

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.

Yet another meaning of the words בין אחיכם is to warn the judge not to appear to pay more attention to one of the litigants, to appear to look at one litigant while avoiding looking at the second litigant, etc. The judges must project absolute neutrality in their demeanour vis-a-vis both parties. שמוע בין means that if a judge has occasion to raise his head, he must do so in the direction of both litigants. If, on the other hand, he has occasion to lower his head, he must also do so in equal measure vis-a-vis both litigants.

Ye shall not respect persons in judgment; ye shall hear the small and the great alike; ye shall not be afraid of the face of any man; for the judgment is God’s; and the cause that is too hard for you ye shall bring unto me, and I will hear it.’