EXOD754 The Torah warns a judge that he shall not listen to the claims of a litigant unless the other litigant is there to hear. The reason is that when a litigant is alone with the judge, he is likely to lie when he states his claims. In order that such lies never enter the ears of our judges, the Torah forbids any judge to hear either litigant’s claims unless both litigants are present. Other prohibitions are included in this verse. The Torah warns a litigant that he may not state his claims to a judge if the other litigant is not there, even if the judge wants to hear them. The verse also prohibits us from relating or believing lashon hara [a negative, derogatory report about a fellow Jew]. Finally, the verse forbids witnesses from giving false testimony in court. Nothing is more disgusting than lies and deceit. Someone who enjoys lies is accursed, for Hashem is the God of Truth. Only truth abides by Him. Blessing accrues only to those who are truthful in word and deed, as is Hashem Himself, and who shows mercy and kindness as He does. On the other hand, when someone is attached to lies and deceit, and his words and actions are the very opposite of those of Hashem, blessing cannot rest on him. He will not merit happiness, peace or true enjoyment. The exact opposite will be his lot: He will be accursed, plagued by worries, disputes and much suffering. For this reason, the Torah commands us to distance ourselves from lies and deceit. The Torah tells us, “Distance yourself from any false matter.” Only regarding this prohibition does the Torah use the wording “distance yourself.” due to the repulsiveness of lies and deceit. The Torah wants us to stay very far away from any hint of falsehood, to avoid inclining our ear to anything that seems untrue, even if it is not clear to us that it is false.

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EXOD766 A sinner should not be a court witness. Do not accept court testimony from a sinner. Wicked people, thieves and robbers are all disqualified from serving as witnesses. All who sin display no worry for their welfare (for they know that they will be punished). It can be assumed that neither will such people refrain from acts that are detrimental to the welfare of others. Therefore, words of such people cannot be believed.

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EXOD778 Follow the majority. In any argument regarding Torah law, the opinion of the majority rules, for the truth lies with the majority of the Sages. Even if the majority failed to see the truth, we still must follow the majority’s view. If everyone were to fulfill the Torah according to his own determination of what is right and proper, we would wind up having many Torahs instead of one. Therefore, in every matter of law, we are commanded to follow the decision of the majority of our Sages, never swerving from it no matter what. Thereby, we have one Torah for all of us, and we can stand together strongly under its guidance. When we perform mitzvos according to the ruling of the majority opinion, we follow the Will of Hashem. If, God forbid, the Sages comprising the majority erred, we have not sinned, for all of the responsibility is theirs. One who does not follow in majority decision of the Sages is punished severely, for majority rule is the pillar upon which all of Torah leans.

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EXOD779 In capital punishment cases, do not convict on the strength of a majority of only one judge. In court cases involving offenses punishable by death, do not convict the accused on the basis of a majority of only one judge. A majority of at least two judges is required. On the other hand, the courts can rely on a majority of only one judge in order to acquit the accused, just as such a majority is sufficient in non-capital cases. In all that we do, we are obliged to emulate Hashem. Kindness is one of the Divine traits. Hashem goes beyond the strict letter of the law in His dealings with mankind. In court, therefore, when a life is at stake, we must be more ready to acquit than to convict. Therefore, while a majority of only one judge suffices to acquit, a majority of at least two is required to convict. More certainty is required, for once a person is put to death, there is no reversing the court's action.

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EXOD780 In cases of capital punishment, he who originally argued in the defendant’s favor cannot later argue against him. The verse teaches us several laws about Jewish court procedures in cases involving offenses punishable by death: (1) A judge must not rule a certain way simply because a judge of higher standing rules that way. Similarly, a judge must not simply follow the majority. His ruling must be based upon his own understanding and weighing of the evidence. Similarly, if he thinks of a point that to him seems relevant to the case, he is not allowed to remain silent about it. Neither is he allowed to dismiss the thought and rule only on the basis of other points that his fellow judges mentioned in the deliberations. (2) A judge who originally argued for acquittal cannot later argue to convict. (3) The first argument offered in the deliberation should not be in favor of convicting the accused. Rather, the judges should try to first present an argument for acquittal. (4) The first argument cannot come from the most prestigious judge on the court, lest other judges submit and defer to his opinion. Rather, the deliberations must open with statements from the court's least prestigious judge. Key concepts: If a judge were allowed to follow the thinking of one of his fellow judges, without weighing the facts of the case himself, it could happen that a case would be decided on the basis of only one judge’s opinion. Perhaps every judge on the court would follow the thinking of just one of them! Hashem does not want anyone to be put to death on the basis of just one man's opinion. All of the above-mentioned laws derived from this verse show Divine compassion on the person being tried, for Hashem has compassion on all of His creations, as a father has compassion on his sons. The elements discussed above are not activated in court procedures concerning money matters, however, because money and property can always be returned.

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EXOD787 Do not favor the poor in matters of justice. Do not show favoritism to the weak or impoverished who stand before you in litigation. Rather, follow only the dictates of strait justice. In matters of justice one cannot show favoritism.

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EXOD801 Help your fellow Jew to unload his burden. If you see that the animal of a fellow Jew is struggling under its burden, remove the burden from the beast. Even if you hate the animal’s owner because you know that he has wantonly sinned, you must nevertheless relieve his animal’s suffering. Key concept: To teach us the admirable trait of compassion. Obviously, if a person is suffering physically, we must show compassion on him, but our compassion is required even if we see that someone is about to suffer monetary loss. We must act to prevent that loss. If someone ignores this mitzvah, he demonstrates the ugly trait of cruelty. Having failed to show mercy on another person, he will not receive Heaven’s mercy, for he does not deserve it.

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EXOD822 Do not treat the evil unfairly in court. No judge is allowed to tip the scales of justice against a litigant simply because that litigant is a known sinner (i.e., he is “poor” in mitzvos). The judge is forbidden to think, “Since he is a sinner I will rule against him.” The responsibility for punishing such a litigant for his sins rests with Hashem, not with the judge. Every person has the right to fair treatment in court. Judges must rule on the basis of the facts of each case, and they cannot rule against someone simply because of his sins and bad reputation.

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EXOD857 Do not decide court cases on the basis of circumstantial evidence. Courts are not allowed to sentence anyone to death unless there are two eyewitnesses, both of whom testify in court that the defendant did as charged. If witnesses say only that it is probable or it seems to them that he did the forbidden act, their words are not considered testimony. Similarly, if two witnesses speak against somebody, one saying that he saw him desecrate Shabbos and the other saying that he saw him worship an idol, their words provide no basis for a trial against this person. It is not considered testimony. It is unthinkable to put someone to death on the basis of circumstantial evidence and opinion, even if the facts seem to leave no doubt as to his guilt. If the Torah allowed courts to administer the death penalty on the basis of strong circumstantial evidence, it would lead to the execution of other defendants on the basis of weaker circumstantial evidence, until God forbid, someone could be put to death for an act that he never did. Therefore, Hashem leaves no room for such a possibility. He forbids courts to judge on the basis of any circumstantial evidence.

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EXOD869 Do not accept bribery. A court judge is forbidden to accept bribery from either litigant, even when he plans to judge the matter only according to the facts, with complete impartiality. The mitzvah distances us from the evil desire to accept bribery, even when we feel that the bribe will not affect us and we intend to remain impartial. The mitzvah guards us from accepting a bribe with the evil intent to favor the one who gave it.

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