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Deuteronomy 1:16 - Judge all with righteousness

Deuteronomy 1:16 - דברים 1:16

Hebrew Text

וָאֲצַוֶּה אֶת־שֹׁפְטֵיכֶם בָּעֵת הַהִוא לֵאמֹר שָׁמֹעַ בֵּין־אֲחֵיכֶם וּשְׁפַטְתֶּם צֶדֶק בֵּין־אִישׁ וּבֵין־אָחִיו וּבֵין גֵּרוֹ׃

English Translation

And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.

Transliteration

Va'atzave et shofteikhem ba'et hahi lemor shamo'a bein acheikhem ushfatetem tzedek bein ish uvein achiv uvein gero.

Hebrew Leining Text

וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃
וָאֲצַוֶּה֙ אֶת־שֹׁ֣פְטֵיכֶ֔ם בָּעֵ֥ת הַהִ֖וא לֵאמֹ֑ר שָׁמֹ֤עַ בֵּין־אֲחֵיכֶם֙ וּשְׁפַטְתֶּ֣ם צֶ֔דֶק בֵּֽין־אִ֥ישׁ וּבֵין־אָחִ֖יו וּבֵ֥ין גֵּרֽוֹ׃

🎵 Listen to leining

Parasha Commentary

Context of the Verse

This verse appears in Devarim (Deuteronomy) 1:16, where Moshe recounts the establishment of a judicial system in the wilderness. The appointment of judges was initially advised by Yitro (Jethro) in Shemot (Exodus) 18, and here Moshe reiterates the divine command to uphold justice impartially.

Key Themes in the Verse

  • Impartial Judgment: The verse emphasizes judging "righteously" (צֶדֶק), without favoritism, whether between fellow Israelites or a ger (stranger or convert).
  • Inclusivity: The mention of the ger highlights the Torah's demand for equal justice for all, including non-natives who dwell among Bnei Yisrael.
  • Active Listening: The phrase שָׁמֹעַ בֵּין־אֲחֵיכֶם ("Hear the causes between your brethren") underscores the judge's duty to listen carefully before rendering a decision.

Commentary from Rashi

Rashi explains that the phrase שָׁמֹעַ בֵּין־אֲחֵיכֶם means judges must patiently hear both sides of a dispute without interruption. He cites the Talmud (Sanhedrin 7b), which states that a judge who hears only one litigant violates this command. Rashi also notes that the repetition of "between a man and his brother, and the stranger" teaches that a ger must be treated with the same dignity as a native-born Jew in court.

Rambam's Perspective

In Hilchot Sanhedrin (Laws of the Sanhedrin 21:1), the Rambam codifies this verse as the foundation for judicial ethics. He writes that judges must avoid any appearance of bias, whether due to kinship, wealth, or social status. The Rambam further emphasizes that the ger is included to prevent judges from assuming a convert might be less truthful or deserving of justice.

Midrashic Insight

The Sifrei (Devarim 16) expands on the phrase וּשְׁפַטְתֶּם צֶדֶק ("judge righteously"), teaching that judges must seek absolute truth, not merely procedural fairness. The Midrash compares this to the scales of the Mishkan, which had to be perfectly balanced—symbolizing that justice must be equally precise.

Practical Halachic Implications

This verse informs several halachic principles:

  • Judges must be scholars of Torah law and possess yirat Shamayim (fear of Heaven).
  • Litigants must be given equal time to present their cases (Shulchan Aruch, Choshen Mishpat 17:1).
  • Discrimination against a ger in court is explicitly forbidden (Sefer HaChinuch, Mitzvah 431).

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 7b
The verse is cited in the context of discussing the responsibilities and ethical obligations of judges to adjudicate fairly and impartially, emphasizing the importance of justice for all, including the stranger.

Frequently Asked Questions

Q: What does Deuteronomy 1:16 teach us about judges in Judaism?
A: Deuteronomy 1:16 instructs judges to listen carefully and judge righteously between fellow Jews ('your brethren') and even the stranger (ger). Rashi explains that this emphasizes impartiality—judges must treat all parties equally, whether native-born or convert. The Rambam (Hilchot Sanhedrin 21:1) derives from this that judges must hear both sides before ruling.
Q: Why does the verse mention judging 'the stranger' specifically?
A: The Torah repeatedly commands fair treatment of strangers (gerim), reminding us they were once strangers in Egypt (Vayikra 19:34). Here, it stresses that justice applies equally to all residents—Jews and non-Jews living among them. The Sifrei notes this prevents favoring either the powerful or the vulnerable in court.
Q: How does 'judge righteously' apply to everyday life beyond courts?
A: While this verse addresses formal judges, Chassidic teachings (e.g., Kedushat Levi) extend it to personal conduct: we must judge others favorably (Avot 1:6) and avoid bias in our opinions. The Chofetz Chaim applies this to guarding speech—ensuring even casual judgments about others are fair and kind.
Q: What lesson does this verse teach about leadership?
A: Moshe’s instruction to judges models ethical leadership: leaders must actively listen ('hear the causes') and prioritize justice over personal interests. The Talmud (Sanhedrin 7b) states that appointing righteous judges sustains society, linking this verse to the mitzvah of establishing courts in every community.