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Deuteronomy 1:17 - Justice: impartial, fearless, divine.

Deuteronomy 1:17 - דברים 1:17

Hebrew Text

לֹא־תַכִּירוּ פָנִים בַּמִּשְׁפָּט כַּקָּטֹן כַּגָּדֹל תִּשְׁמָעוּן לֹא תָגוּרוּ מִפְּנֵי־אִישׁ כִּי הַמִּשְׁפָּט לֵאלֹהִים הוּא וְהַדָּבָר אֲשֶׁר יִקְשֶׁה מִכֶּם תַּקְרִבוּן אֵלַי וּשְׁמַעְתִּיו׃

English Translation

Do not respect persons in judgment; but hear the small as well as the great; do not be afraid of the face of any man; for the judgment is God’s: and the cause that is too hard for you, bring it to me, and I will hear it.

Transliteration

Lo-takiru panim ba-mishpat ka-katan ka-gadol tishma'un lo taguru mi-pnei-ish ki ha-mishpat la-Elohim hu ve-ha-davar asher yiksheh mikem takrivun elai u-shema'tiv.

Hebrew Leining Text

לֹֽא־תַכִּ֨ירוּ פָנִ֜ים בַּמִּשְׁפָּ֗ט כַּקָּטֹ֤ן כַּגָּדֹל֙ תִּשְׁמָע֔וּן לֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִ֔ישׁ כִּ֥י הַמִּשְׁפָּ֖ט לֵאלֹהִ֣ים ה֑וּא וְהַדָּבָר֙ אֲשֶׁ֣ר יִקְשֶׁ֣ה מִכֶּ֔ם תַּקְרִב֥וּן אֵלַ֖י וּשְׁמַעְתִּֽיו׃
לֹֽא־תַכִּ֨ירוּ פָנִ֜ים בַּמִּשְׁפָּ֗ט כַּקָּטֹ֤ן כַּגָּדֹל֙ תִּשְׁמָע֔וּן לֹ֤א תָג֙וּרוּ֙ מִפְּנֵי־אִ֔ישׁ כִּ֥י הַמִּשְׁפָּ֖ט לֵאלֹהִ֣ים ה֑וּא וְהַדָּבָר֙ אֲשֶׁ֣ר יִקְשֶׁ֣ה מִכֶּ֔ם תַּקְרִב֥וּן אֵלַ֖י וּשְׁמַעְתִּֽיו׃

🎵 Listen to leining

Parasha Commentary

Prohibition of Favoritism in Judgment

The verse "לֹא־תַכִּירוּ פָנִים בַּמִּשְׁפָּט" ("Do not respect persons in judgment") establishes a fundamental principle of judicial integrity. Rashi explains that this means a judge must not show partiality based on a person's status, wealth, or influence. The Talmud (Shevuot 30a) elaborates that even subtle biases, such as favoring a litigant because of prior acquaintance, are forbidden. The Rambam (Hilchot Sanhedrin 21:1) codifies this as a prohibition against any form of discrimination in legal proceedings.

Equal Hearing for All

The phrase "כַּקָּטֹן כַּגָּדֹל תִּשְׁמָעוּן" ("hear the small as well as the great") emphasizes that justice must be impartial. The Sifrei (Devarim 17) teaches that this applies whether the litigant is insignificant or prominent—the judge must give equal attention to both. The Midrash Tanchuma (Mishpatim 8) adds that this principle extends beyond the courtroom, requiring fairness in all interpersonal dealings.

Fearlessness in Judgment

The command "לֹא תָגוּרוּ מִפְּנֵי־אִישׁ" ("do not be afraid of any man") instructs judges to rule without intimidation. Ibn Ezra notes that human fear must not override divine justice. The Talmud (Sanhedrin 6b) warns that a judge who fears retaliation or public opinion violates this prohibition. The Rambam (Hilchot Sanhedrin 22:8) stresses that true justice requires moral courage.

Divine Ownership of Justice

The clause "כִּי הַמִּשְׁפָּט לֵאלֹהִים הוּא" ("for the judgment is God’s") reminds judges that they act as divine agents. The Kli Yakar explains that since justice belongs to Hashem, human judges must emulate His impartiality. The Sforno adds that distorting judgment is akin to usurping divine authority.

Deferring Difficult Cases

The conclusion "וְהַדָּבָר אֲשֶׁר יִקְשֶׁה מִכֶּם תַּקְרִבוּן אֵלַי וּשְׁמַעְתִּיו" ("the cause that is too hard for you, bring it to me, and I will hear it") establishes a hierarchy for unresolved disputes. Rashi explains that Moshe Rabbeinu served as the supreme judicial authority, and later, complex cases were brought to the Sanhedrin (Devarim 17:8-9). The Rambam (Hilchot Mamrim 1:1) derives from this the principle of following higher Torah authorities in halachic matters.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 6b
The verse is referenced in the context of discussing the impartiality required in judicial proceedings, emphasizing that judges must not show favoritism.
📖 Shevuot 30a
The verse is cited to underscore the principle that judges must not be influenced by the status or appearance of the litigants, reinforcing the idea of equal justice for all.

Frequently Asked Questions

Q: What does 'Do not respect persons in judgment' mean in Deuteronomy 1:17?
A: This verse teaches that judges must be impartial and not show favoritism based on a person's status, wealth, or appearance. Rashi explains that this means a judge should not treat a poor or insignificant person differently from a rich or important one. The Talmud (Shevuot 30a) emphasizes that justice must be blind to external factors.
Q: Why does the verse say 'the judgment is God’s'?
A: The phrase 'the judgment is God’s' reminds judges that they are acting as representatives of divine justice. Rambam (Hilchot Sanhedrin 2:1) explains that judges must remember they are upholding God's laws, not their own opinions. This prevents corruption and ensures fairness, as all are equal before God.
Q: What does 'do not be afraid of any man' mean for judges?
A: This instructs judges not to fear powerful or intimidating individuals when making rulings. The Midrash (Sifrei Devarim 17) says a judge must have courage to rule truthfully, even if pressured by influential people. Jewish law requires judges to base decisions solely on Torah principles, not human pressure.
Q: How does 'hear the small as well as the great' apply today?
A: This principle remains vital in Jewish courts (beit din) and daily life. The Talmud (Sanhedrin 8a) teaches that even minor cases deserve full attention. Today, this means treating everyone equally - whether in business disputes, family matters, or community issues - giving proper consideration regardless of social standing.
Q: What is the significance of bringing difficult cases to a higher authority?
A: This establishes the Jewish legal system's hierarchy. Rashi notes this refers to the Great Sanhedrin in Jerusalem. Rambam (Hilchot Mamrim 1:1-2) explains complex cases ascend to higher courts to ensure proper Torah interpretation. Today, difficult halachic questions are brought to recognized rabbinic authorities for ruling.