Deuteronomy 25:1 - Judges uphold divine justice

Deuteronomy 25:1 - דברים 25:1

Hebrew Text

כִּי־יִהְיֶה רִיב בֵּין אֲנָשִׁים וְנִגְּשׁוּ אֶל־הַמִּשְׁפָּט וּשְׁפָטוּם וְהִצְדִּיקוּ אֶת־הַצַּדִּיק וְהִרְשִׁיעוּ אֶת־הָרָשָׁע׃

English Translation

If there be a controversy between men, and they come to judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked.

Transliteration

Ki-yihye riv bein anashim ve-nigshu el ha-mishpat u-shfatam ve-hitzdiku et ha-tzadik ve-hirshiu et ha-rasha.

Hebrew Leining Text

כִּֽי־יִהְיֶ֥ה רִיב֙ בֵּ֣ין אֲנָשִׁ֔ים וְנִגְּשׁ֥וּ אֶל־הַמִּשְׁפָּ֖ט וּשְׁפָט֑וּם וְהִצְדִּ֙יקוּ֙ אֶת־הַצַּדִּ֔יק וְהִרְשִׁ֖יעוּ אֶת־הָרָשָֽׁע׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

This verse (Devarim 25:1) appears in Parashat Ki Teitzei, which deals with various civil and interpersonal laws. The verse establishes the fundamental principles of judicial integrity and fairness in Jewish courts (beit din).

Rashi's Explanation

Rashi explains that the phrase "וְהִצְדִּיקוּ אֶת־הַצַּדִּיק" ("justify the righteous") means the judges must declare innocent the party who is truly righteous in the case. Similarly, "וְהִרְשִׁיעוּ אֶת־הָרָשָׁע" ("condemn the wicked") means they must find liable the party who is truly at fault. Rashi emphasizes that judges must not show favoritism based on a person's status or wealth.

Rambam's Legal Perspective

In Hilchot Sanhedrin (1:1), Rambam derives from this verse that Jewish courts must be established in every community to adjudicate disputes. He stresses (Hilchot Sanhedrin 20:7) that judges must examine cases thoroughly and judge truthfully, as the verse commands.

Talmudic Interpretation

The Talmud (Sanhedrin 32b) discusses this verse in the context of proper judicial procedure. It explains that judges must:

  • Hear both sides of the dispute equally
  • Not prejudge the case before hearing all evidence
  • Render a decision based solely on the merits of the case

Midrashic Insights

The Midrash Tanchuma (Mishpatim 3) connects this verse to the broader concept of justice in Jewish thought. It teaches that when judges properly adjudicate cases, they become partners with Hashem in maintaining order in the world. The Midrash emphasizes that true justice requires both compassion for the righteous and firmness with the wicked.

Practical Halachic Implications

Based on this verse and its interpretations, halacha establishes that:

  • Judges must be thoroughly knowledgeable in Torah law
  • Both parties must be given equal opportunity to present their cases
  • The court must strive to uncover the complete truth of the matter
  • Judgments should aim to restore harmony between the parties when possible

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 32b
The verse is cited in the context of discussing the proper procedures for judges in rendering decisions, emphasizing the importance of justifying the righteous and condemning the wicked.

Frequently Asked Questions

Q: What does Deuteronomy 25:1 mean?
A: Deuteronomy 25:1 teaches about the importance of fair judgment in disputes. It instructs that when people bring a case to court, the judges must carefully evaluate the evidence and rule justly—declaring the innocent party righteous and the guilty party wicked. Rashi explains that this verse emphasizes the duty of judges to investigate thoroughly and not favor either side unfairly.
Q: Why is fair judgment important in Judaism?
A: Fair judgment is a foundational principle in Judaism because it upholds justice (tzedek) and prevents oppression. The Rambam (Hilchot Sanhedrin 1:1) states that courts must operate with integrity to maintain societal order. The Talmud (Sanhedrin 7a) also teaches that a judge who rules truthfully becomes a partner with Hashem in sustaining the world.
Q: How does this verse apply to resolving conflicts today?
A: This verse reminds us to seek fair resolutions in disputes, whether through Jewish courts (beit din) or ethical conduct in daily life. The Shulchan Aruch (Choshen Mishpat 1:1) outlines laws for judges and arbitrators, stressing impartiality. Even in personal disagreements, we should strive for honesty and avoid bias, as the Midrash (Sifrei Devarim 285) teaches that justice brings peace.
Q: What can we learn from the phrase 'justify the righteous and condemn the wicked'?
A: This phrase teaches that judges must not compromise—truth must prevail regardless of social status or pressure. Ibn Ezra notes that the Torah specifies 'righteous' and 'wicked' to show that verdicts must reflect objective truth, not personal opinions. The Talmud (Shevuot 30a) adds that judges must even question their own biases to ensure a just ruling.