Exodus 23:3 - Justice over pity

Exodus 23:3 - שמות 23:3

Hebrew Text

וְדָל לֹא תֶהְדַּר בְּרִיבוֹ׃

English Translation

nor shalt thou favour a poor man in his cause.

Transliteration

Ve'dal lo tehdar b'ribo.

Hebrew Leining Text

וְדָ֕ל לֹ֥א תֶהְדַּ֖ר בְּרִיבֽוֹ׃ {ס}        

🎵 Listen to leining

Parasha Commentary

Interpretation of וְדָל לֹא תֶהְדַּר בְּרִיבוֹ

The verse (Shemot 23:3) warns against showing undue favor to a poor person (דל) in a legal dispute (בריבו). This commandment emphasizes the Torah's demand for impartial justice, regardless of a litigant's socioeconomic status.

Rashi's Explanation

Rashi (on Shemot 23:3) clarifies that one should not think, "This person is poor, and I must rule in their favor so they can sustain themselves." Such reasoning distorts justice, as the Torah requires judges to rule truthfully (בצדק תשפוט עמיתך – Vayikra 19:15).

Rambam's Legal Perspective

In Mishneh Torah (Hilchot Sanhedrin 21:1), the Rambam codifies this principle, stating that judges must treat rich and poor equally. Even if one party is wealthy and the other destitute, the court must not allow compassion to influence the verdict.

Midrashic Insight

The Mekhilta d'Rabbi Yishmael (Mishpatim 20) connects this verse to the broader theme of judicial integrity, teaching that justice must not bend for pity or pressure. The poor, though deserving of charity (tzedakah), are not entitled to preferential treatment in court.

Practical Implications

  • Equal Application of Law: Judges must disregard financial status when evaluating evidence.
  • Moral Danger: Pity for the poor, while noble in other contexts, corrupts legal objectivity.
  • Broader Lesson: The verse reinforces that din (law) and chesed (kindness) operate in separate domains—charity outside court, strict justice within.

Contrast with Other Torah Principles

While the Torah commands generosity to the poor (e.g., Devarim 15:7-8), this verse demonstrates that such obligations do not extend to judicial proceedings. The Sefer HaChinuch (Mitzvah 82) explains that bending the law—even for noble reasons—undermines societal trust in justice.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Shevuot 30a
The verse is cited in a discussion about impartiality in judgment, emphasizing that one should not favor either the poor or the rich in legal disputes.
📖 Sanhedrin 32b
The verse is referenced in the context of ensuring fairness in judicial proceedings, highlighting the importance of treating all parties equally.

Frequently Asked Questions

Q: What does the verse 'nor shalt thou favour a poor man in his cause' (Exodus 23:3) mean?
A: This verse teaches that judges must be impartial and not show favoritism, even to a poor person in a legal case. The Torah emphasizes that justice must be blind to a person's financial status, as favoring the poor could lead to an unfair judgment (Rashi on Exodus 23:3).
Q: Why is it important not to favor a poor person in court?
A: Favoring the poor, even with good intentions, distorts justice. The Talmud (Shevuot 30a) explains that true justice requires treating all parties equally, regardless of wealth or status. The Torah's laws ensure fairness for everyone in society.
Q: How does this verse apply to everyday life beyond the courtroom?
A: While the verse specifically addresses judges, the principle applies broadly: we should avoid bias in all decisions, whether in business, community matters, or personal judgments. The Rambam (Hilchot De'ot 1:7) teaches that we must strive for balanced and fair perspectives in all areas of life.
Q: Does this mean we shouldn't help poor people?
A: No, this verse only prohibits unfair legal favoritism. The Torah commands us to give charity and assist the poor in many other ways (Deuteronomy 15:7-8). However, in court, justice must be impartial regardless of someone's financial situation.
Q: What's the connection between this verse and the surrounding verses about justice?
A: This verse is part of a section (Exodus 23:1-3) detailing laws of fair judgment. Together, they teach that justice must be unbiased—not influenced by rumors (verse 1), majority pressure (verse 2), or economic status (verse 3). The Midrash (Mechilta) notes these form a complete guide for proper judicial conduct.