1)

What are the connotations of "Va'atzaveh es Shofteichem"? What did Moshe command them?

1.

Rashi: Moshe instructed the judges to judge patiently - in the event that a case is brought to them multiple times (which is essentially just like a previous case that they judged), they should not rush to give the verdict, but should deliberate (as if it was the first time) 1 .

2.

Sanhedrin, 7b: Moshe instructed the judges that, when punishing malcreants, they should use the stick and the strap with discretion. 2


1

See also the last Ba'al ha'Turim on this Pasuk.

2

Not to strike him out of hatred and not give Malkos to someone who cannot take it physically. See Torah Temimah, note 11.

2)

Why does the Torah write here "Va'atzaveh es Shofteichem" and in Pasuk 18 "Va'atzaveh eschem"?

1.

Sanhedrin, 8a: To teach the people to stand in awe of the Dayanim and the Dayanim, to be patient wth the people. 1


1

See Torah Temimah, note 12 & 13.

3)

What are the implications of "ba'Eis ha'Hi"?

1.

Rashi: After picking them, Moshe informed the judges that, whereas in the past, they were their own bosses, from now on, they were subservient to the community.

2.

Ba'al ha'Turim: "Shofteichem ba'Eis ha'Hi" teaches us that every judge in his generation is like Moshe in his generation.

4)

What are the implications of the words "Shamo'a bein Acheichem"?

1.

Sanhedrin, 7a: It implies that the judge is permitted to hear out the claims of one litigant only if his opponent is present (and that one litigant may not present his case to the Dayanim before his opponent arrives 1 - Sanhedrin, 7a). 2

2.

Targum Yonasan: It implies that Beis-Din may not allow one litigant to speak freely and cut the other one short.

3.

Oznayim la'Torah: Even though, whilst the litigants are standing before Beis-Din, the Dayanim are obligated to view them as Resha'im, 3 they must nevertheless remember that they are their brothers and must treat them accordingly.


1

Rashi: Because he presents Sheker as if it was Emes, and, once the judge has heard his argument, he will not try to pay full attention to the argument of the other litigant.

2

See Torah Temimah, citing Sanhedrin, Ibid. and note 15.

3

Avos, 1:8.

5)

What are the implications of "u'Shefat'tem Tzedek"?

1.

Rashi (in Kesuvos, 106a): It implies that adjudication is a Mitzvas Asei. 1

2.

Targum Yonasan: It implies that, when litigating money-matters the Dayanam should try and compromise. 2

3.

Sanhedrin, 7b: It implies that, before issuing a judgement, the Dayan should ensure that his ruling is correct - 'Tzadek es ha'Din, ve'Achar-Kach Chatcheihu'. 3


1

See Torah Temimah, note 17.

2

See Peirush Yonasan.

3

See Torah Temimah, note 16.

6)

What are the connotations of "Bein Ish u'Vein Achiv"?

1.

Sanhedrin, 7b: It means that Beis-Din should judge carefully and accurately even in matters concerning the division of brothers - such as who receives the ground-floor and who receives the attic - and "u'Vein Geiro" - who receives the oven (the Tanur) and who, the stove 1 (the Kirah). 2


1

Where the difference is minimal. See Torah Temimah, note 18.

2

Since 'Gimel' and 'Kaf' are interchangeable. See Sifsei Chachamim.

7)

What is "u'Vein Geiro" referring to?

1.

Rashi #1 and Targum Yonasan: It refers to the litigant's opponent, who piles-up words against him. 1

2.

Rashi #2: ?Bein Ish u'Vein Achiv u'Vein Geiro" refers to the division of brothers - as to who receives the oven and who, the stove. 2

3.

Yevamos, 46b: The Torah juxtaposes "Ger' X to "u'Shefat'tem Tzedek", to teach us that Geirus requires a Beis-Din of three, 3 and that if a Nochri converts privately, his conversion is invalid.


1

See Sifsei Chachamim. See also Oznayim la'Torah DH ?u?Vein Geiro? #2, who explains why the Torah omits the 'Alef'.

2

Refer to 1:16:5:1.

3

See Torah Temimah, note 19.

Sefer: Perek: Pasuk:

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