Negative Commandment 280 (Digest)
Perverting Justice against a Convert or Orphan
"You shall not pervert the judgment of the stranger or the orphan"—Deuteronomy 24:17.
A judge is forbidden to unlawfully rule against a convert or orphan [taking advantage of their powerlessness].
Though it is forbidden to pervert justice no matter the identity of the defendant, a judge who does so in that case of a convert or orphan, transgresses also this additional prohibition.
The 280th prohibition is that a judge is forbidden from tilting the judgment against converts and orphans.
The source of this prohibition is G‑d's statement, "Do not pervert justice against the convert or orphan."
Therefore, for judging any Jew unjustly, one transgresses the prohibition, i.e. "Do not pervert justice." For judging a convert unjustly, one transgresses two prohibitions.
The Sifri says, "The verse, 'Do not pervert justice against the convert,' teaches that one who judges a convert unjustly transgresses two prohibitions. And if the person was both a convert and an orphan, one transgresses three prohibitions."
Positive Commandment 177 (Digest)
Equal Treatment for Litigants
"With righteousness, judge your neighbor"—Leviticus 19:15.
The judge presiding over a case must treat both litigants equally, giving each the opportunity to speak whatever is on his mind—whether he speaks briefly or at length.
Also included in this mitzvah is the obligation on a qualified judge who is versed in Torah's legal code to issue a verdict. This obligation takes effect as soon as the two litigants present their arguments before him.
And also included in this mitzvah is that every individual is commanded to give his fellow the benefit of the doubt, and, when circumstances allow, to interpret his fellow's actions or words in a favorable light.
The 177th mitzvah is that judges are commanded to treat both litigants equally. Both must be allowed [to speak], whether it takes a long time or a short time.
The source of this commandment is G‑d's statement, "Judge your people fairly."
The Sifra explains, "He should not allow one to speak as long as he needs and then tell the other, 'Speak for a short time.' " This is one of the laws included in this commandment.
It also includes the law that if one is qualified to judge, and the litigants have begun to present their case, one is required to complete hearing the case. Our Sages explicitly said, "One is required by the Torah to act as a judge, as the verse says, 'Judge your people fairly.' "
This mitzvah also includes the law that one is required to judge other people favorably, and to explain their words and actions only in a good and kind way.
The details of this mitzvah are explained in a number of passages in the Talmud.
Negative Commandment 276 (Digest)
Fearless Justice
"You shall not be afraid before any man"—Deuteronomy 1:17.
A judge may not fear an evil and dangerous individual, ruling in his favor because he's concerned that he may exact revenge against him. As the Midrash says, "Perhaps you will say, 'I fear that individual for perhaps he will kill my son, set my barn afire, or destroy my crops'—therefore the Torah says, 'You shall not be afraid before any man!'"
The 276th prohibition is that a judge is forbidden from fearing a vicious, evil, uncontrolled person to the extent of not ruling against him in judgment. He must give a just decision without being concerned with any damage the person might cause him.
The source of this prohibition is G‑d's statement (exalted be He), "Do not fear any man."
The Sifri says, " 'Do not fear any man.' One might say, 'I am afraid of this person: perhaps he will murder my son, or set my grain on fire, or destroy my crops.' The Torah therefore says, 'Do not fear any man.' "
Negative Commandment 274 (Digest)
Bribery
"And you shall take no bribe"—Exodus 23:8.
A judge may not accept a gift from any of the parties in a case—even if the gift is given on condition that he rules justly [i.e., the party presenting the gift clearly states that it does not expect – or want – to be favored in any way].
The 274th prohibition is that
a judge is forbidden from taking a bribe from a litigant, even to give an
honest judgment.
The source of this prohibition
is G‑d's statement, "Do not accept
bribery." This prohibition is repeated.
The Sifri says, "The
prohibition, 'Do not accept bribery,' applies even to declare that innocent people
are innocent and that guilty people are guilty."
The details of this mitzvah are explained in a number of
passages in tractate Sanhedrin.
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