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Our parasha opens with the commandment to appoint a system of judges to pursue justice (Devarim 16:18-20). When Yeshayahu described Mashiach, he stressed, “He shall judge with righteousness” (Yeshayahu 11:4). Our rule is that if one section of the Torah mentions an expression three times, it has extreme importance in that context. Based on this, proper justice certainly qualifies in the beginning of the parasha. A few weeks ago, we highlighted the importance of hearing in our service of Hashem. We hinted that hearing is very important in beit din as well, as we find in the context of the mitzva of “In justice shall you judge your counterpart” (Vayikra 19:15). In the beginning of Moshe’s first address of Sefer Devarim, Moshe commanded the judges of his judicial system, “Hear between your brothers and judge righteously” (Devarim 1:16). The connection between hearing and righteous judgment has a special place in the rabbinical court system. Other judicial systems also try to ensure that their societies operate based on law and justice, but they do not connect between justice and hearing. We will mention a few examples that show the application of this concept in our judicial system. In the parasha, the Torah says (literally): “On the mouth of two witnesses …” (Devarim 17:6). The gemara (Makkot 6b) derives from this that beit din should not listen through a translator. The Rambam (Sanhedrin 21:8) applies this to the litigants’ talking, but others extend this to the testimony of witnesses – witnesses must address beit din orally and not send their testimony in writing (Shulchan Aruch, Choshen Mishpat 28:11). Either way, we see the importance of listening properly. The S’ma (ad loc.) says that hearing directly increases the chances of arriving at a just ruling. “The words of truth are recognizable” (Sota 9b). If litigants speak themselves, the advantage of the rich over the poor is reduced, as the rich man’s upscale lawyer cannot replace him. The dayanim are sometimes to carry out, “Open your mouth for the mute… open your mouth, judge justly” (Mishlei 31:8-9). The main practical application of this pasuk is when “the dayan sees a strong argument for a litigant, who is trying to say it but does not know how to connect the points … the dayan can assist him and get him started” (Shulchan Aruch, CM 17:9). However, he continues: “One must consider the matter very carefully so that he not be like one of the orchei hadayanim (the term that spawned the Modern Hebrew word for lawyer).” This is important because while we want to allow the weak side to express his position, we do not want to give him an advantage over the stronger side. Another example of proper hearing is found in the Rambam and Shulchan Aruch (CM 17:7). One must listen and repeat the claims of each side, just as Shlomo did in his famous adjudication between the mothers of the two babies. It is important for the litigants to hear the other side’s claims projected by a neutral dayan, as opposed to hearing it from someone they do not trust. May we succeed in increasing the amount of listening there is in society and increase righteous judgment in many forms. This is one of the goals of our beit din system.
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