DEUT21 See [[LEV344]] Leviticus 19:11 steal AMEMEI 32

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DEUT22 [Do not be partial] -- This applies to one who appoints judges. If he says: This man is handsome, so I will appoint him as a judge; this man is strong; this man is multilingual, so I will appoint him as a judge -- this will result in a guilty one's being acquitted, an innocent one's being incriminating; not because he is culpable, but because he [the judge] is ignorant [of the law]. Scripture [in such an instance] regards him [who made the appointment] as having been partial in judgment (Sifrei)

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DEUT23 What is the intent of "Lo takiru"? R. Yehudah said: Lo takirehu - "You shall not recognize [i.e., favor] him"; R. Elazar says: Lo tenachrehu - "You shall not estrange him" (Sanhedrin 7b)

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DEUT24 Being ethical does not always mean being impartial. Justice may be blind, but fairness may require taking account of someone's special situation. While the judge must be impartial and treat weak and strong alike according to the strict letter of the law, the individual is called upon to show a special forbearance toward the weak and the downtrodden, and to give them a special consideration. The commandment "Do not show favoritism in judgment; hear the small and the great alike" [this verse] applies in court of law, but in our private dealings a different standard applies: "If the [borrower] is poor, do not go to bed without returning his pledge;" [Deuteronomy 24:12]; "Do not distort the judgment of a stranger or an orphan; do not take a pledge from a widow;" [Deuteronomy 24:17]; "When you gather in your crop from the field and forget a sheaf in the field, do not go back to take it; let it be for the stranger, the widow, and the orphan." [Deuteronomy 24:19]. For while taking a pledge or taking every last sheaf is not improper in itself, we have to adopt a flexible attitude when dealing with the disadvantaged.

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DEUT28 See [[DEUT668]] Deuteronomy 14:1 shattered DORFFDRAG 37-39

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DEUT29 See [[DEUT848]] Deuteronomy 16:20 justice DORFFDRAG 114-5

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DEUT25 In Maimonides's Book of the Commandments, he writes, "By this prohibition a judge is forbidden to be deterred by fear of a vicious and wicked evildoer from giving a just judgment against him. It is his duty to render judgment without any thought of the injury the evildoer may cause him" (Negative Commandment number 276). This is, of course, a courageous and difficult standard to live by, but one who cannot do so has no right to become a judge.

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DEUT26 It was taught: If two come for judgment, one gentle and one rough, and you have heard their claims and know where the judgment leads, whence is it derived that you may not say [From fear of arousing the ire of the "rough" one]:"I shall not judge your case"? From: "Do not fear any man" (Sanhedrin 6b)

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DEUT27 It was taught: R. Yehoshua b. Karchah says: Whence is it derived that if a disciple is sitting before his master and sees a possible claim favorable to the poor litigant and detrimental to the wealthy one -- whence is it derived that he may not remain silent? From: "Do not fear any man." R. Channan says: "Do not to withhold your words by reason of [fear of] any man" [the literal meaning of "taguru" ("fear") being "withhold"] (Sanhedrin 6b, 7a)

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DEUT30 Shlomo, a"h, also said (Mishlei 16:28), "a malcontent alienates a friend." [Rabbeinu Yonah understands "aloof" as "friend"; See Tehillim 14:14, with last explanation by Rashi]. This means that he alienates a beloved one and a friend, for they are not capable of enduring his company. Our Sages said (Derech Eretz Zutah 9), "Do not be overly critical lest you come to sin." Many times a malcontent is ungrateful [for the good he receives], and may even view it as bad, repaying evil for good – – and the pasuk says [Mishlei 17:13), "one who repays good with evil, evil will not depart from his house." Sometimes he regards the kindnesses of Hashem as revenge and retribution as the pasuk says [this verse], "You grumbled in your tents and said, 'Out of Hashem's hatred for us, He took us out.'" Therefore, distance yourself from the road of malcontents for they have warped their paths; all who walk in them do not know peace. [Yeshayahu 59:8]. Train your tongue to give [others] the benefit of the doubt, and let righteousness gird your loins. [Yeshayahu 11:5].

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