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This pasuk concludes, "… to the judgment of the ‘sons of passing/switching.’" The next pasuk continues: "Open your mouth, judge with justice, and the judgment of the poor and destitute." The implication is that the judge should say things that will help specifically the poor. How can one do that while still being faithful to "Do not give preferential treatment to the poor"?
Who are the mute for whom the judge should open his mouth? Rashi connects it to the parallel second half of the pasuk, which he explains as the sons of those who have passed on, i.e., orphans, who lost their father, who could have helped them in such matters. The midrash on these words says that the orphans generally are not as equipped with the skills of making claims and also, in dealing with properties and businesses inherited from their father, they are often unfamiliar with that which went on in a way that would enable them to know the claims to make (Bamidbar Rabba 10:4). Rashi does not explain how making claims on behalf of the orphans would be permitted based on the laws of a judge’s impartiality or how this is related to the next pasuk, which deals with the poor.
The Talmud Yerushalmi (Sanhedrin 3:8) tells that Rav Huna used to speak up for one for whom he knew of a correct claim that would help him in beit din when the litigant himself did not know the claim. According to Rav Huna, the "mute" does not need to be a specific type of person, but anyone who happens not to know a true fact or claim that could help them. But is it permitted to help out anyone – rich, poor, or otherwise?
The Rambam (Sanhedrin 21:11) makes a careful compromise between the concerns. The case in which a dayan is allowed to suggest claims is when he recognizes a cogent claim for a party who seems to know it but has difficulty articulating it because of his emotions or because of a weak intellect. He instructs to get the litigant started in expressing the claim and, importantly, to be very careful about when to do this, so that "he should not be like a lawyer." This is in line with the Rambam’s approach of weaving together words of Chazal from different places and finding the "golden mean." The dayanim need to find the balance between the obligation to be totally objective and impartial between litigants despite differences and yet not let one take advantage of the other’s weaknesses.
We pray that our beit din network will always succeed in finding the right balance. This will help us be deserving of Hashem’s making a sanctuary within which He can live among and within us (see Shemot 25:8).
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
