Not to appoint a judge that does not know the laws of the Torah: That the Great Court or the exilarch was prevented not to appoint a judge to judge people, [who] did not study the wisdom of the Torah and the explanation of its straight and righteous statutes. And even if there are several good characteristics to him, since he is not knowledgeable and an expert in the wisdom of the Torah, it is not fit to appoint him judge. And about this is it stated (Deuteronomy 1:17), “You shall not be partial in judgment.” And so [too,] did they, may their memory be blessed, explain, (Sifrei Devarim 17:1), “’You shall not be partial in judgment’ — this is [addressed to] one who is appointed to seat judges”; meaning to say that this warning comes to him. And they, may their memory be blessed, said (Sifrei Devarim 17:1), “’You shall not be partial in judgment’ — lest you say, ‘That man is comely’ [or] ‘strong’ [or wealthy or] ‘knows all the languages; I will make him a judge.’ Hence it is stated, ‘You shall not be partial in judgment’ — as it would come out [that] he exonerates the guilty and incriminates the innocent; not because he is wicked, but because he does not know.”
Its laws — such as that which they, may their memory be blessed, said (Midrash Tanchuma 5:3) that just as the one who is fit to be a judge must know the laws of the Torah, so too must he be someone of [good] character traits and a proper man, so that the judged not say to him, “Take out the beam from between your eyes,” meaning to say, “adorn yourself [first] and afterwards adorn others” (Sanhedrin 18a); that, behold, it states in the Torah concerning judges (Deuteronomy 1:15), “wise men,” meaning to say, those that know the wisdom to judge truthfully, “and known to your tribes,” [meaning] that the spirit of men derive pleasure from them, “men of strength,” that they are valiant about the commandments, exacting upon themselves and suppress their [evil] inclinations to the point that they do not have any disgrace and any ugliness, and their teaching is beautiful, and [also] included in being men of strength is that they have a brave heart to save the oppressed from the oppressor, like the matter that is stated (Exodus 2:17), “and Moshe rose to save them,” and just like our teacher Moshe, peace be upon him, was humble, so too must every judge be humble; and the rest of its details — are elucidated in Sanhedrin in [various] scattered places. (See Tur, Choshen Mishpat 18.)
And this commandment is practiced in every place and at all times. And one who transgresses it and appoints a judge who is not wise, on account of his wealth or good character traits or from his love for him or on account of the honor of his relatives has violated this [negative commandment]. And his sin is very great, as all of the punishment of the false rulings that this judge ruled from his lack of knowledge are [made] dependent upon him, as he is the cause.
And it appears that [also] included in this commandment is that anyone who the members of the community have chosen to appoint appointees over them for any matter, that they should put all of their attention and intellect [to it], to appoint those appropriate and good for that appointment that the community requires. And he should not be frightened from any man, to appoint someone that is not appropriate. And the Sages said (Avodah Zarah 52a, Sanhedrin 7b) about someone who sets up a judge that is not proper, [that it is] as if he puts up a stone pillar, as it is stated (Deuteronomy 16:22) [soon after the commandment to set up judges], “and you shall not set up a pillar for yourself.” And if it is a place where there are Torah scholars in it, they said that it is like planting a tree-god, as it is stated (Deuteronomy 16:21), “You shall not plant a tree-god, any tree, beside the altar of the Lord, your God.” And they also said (Sanhedrin 7b) that anyone who appoints a judge because of his wealth, about this is it stated (Shemot 20:20), “You shall not make with Me gods of silver and gods of gold.” And they spoke at length about this matter and said (Talmud Yerushalmi Bikkurim 3:3) that it is forbidden to stand [for judgment] in front of a judge who gave money in order that he be appointed a judge. And they treated his honor very lightly, and said about him that the cloak with which he wraps himself should be like a donkey saddle in your eyes. And it was the way of the early Sages to flee from being appointed judges (Sanhedrin 14a), except in a place where there was no one greater than them.
שֶׁלֹּא לְמַנּוֹת דַּיָּן שֶׁאֵינוֹ יוֹדֵעַ בְּדִינֵי הַתּוֹרָה – שֶׁנִּמְנַע בֵּית דִּין הַגָּדוֹל אוֹ רֹאשׁ הַגָּלוּת שֶׁלֹּא יַעֲמִיד דַּיָּן לִשְׁפֹּט אֶת הָעָם שֶׁלֹּא לָמַד חָכְמַת הַתּוֹרָה וּבֵאוּר מִשְׁפָּטֶיהָ הַיְּשָׁרִים וְהַצַּדִּיקִים, וַאֲפִילּוּ הָיוּ בּוֹ כַּמָּה מִדּוֹת נִכְבָּדוֹת, אַחַר שֶׁאֵינוֹ יוֹדֵעַ וּבָקִי בְּחָכְמַת הַתּוֹרָה, אֵין רָאוּי לְמַנּוֹתוֹ דַּיָּן, וְעַל זֶה נֶאֱמַר (דברים א יז) לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט. וְכֵן פֵּרְשׁוּ זִכְרוֹנָם לִבְרָכָה (ספרי) לֹא תַכִּירוּ פָנִים בַּמִּשְׁפָּט, זֶה הַמְמֻנֶּה לְהוֹשִׁיב הַדַּיָּנִים כְּלוֹמַר, שֶׁאֵלָיו בָּאָה אַזְהָרָה זוֹ. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם) שֶׁמָּא תֹּאמַר אִישׁ פְּלוֹנִי נָאֶה אוֹ גִּבּוֹר אוֹ עָשִׁיר אוֹ שֶׁיּוֹדֵעַ בְּכָל לָשׁוֹן אוֹשִׁיבֶנּוּ דַּיָּן, לְכָךְ נֶאֱמַר לֹא תַכִּירוּ פָנִים וְגוֹ', לְפִי שֶׁנִּמְצָא מְזַכֶּה אֶת הַחַיָּב, וּמְחַיֵּב אֶת הַזַּכַּאי, וְלֹא מִפְּנֵי שֶׁהוּא רָשָׁע, אֶלָּא מִפְּנֵי שֶׁאֵינוֹ יוֹדֵעַ.
Not to appoint a judge that does not know the laws of the Torah: That the Great Court or the exilarch was prevented not to appoint a judge to judge people, [who] did not study the wisdom of the Torah and the explanation of its straight and righteous statutes. And even if there are several good characteristics to him, since he is not knowledgeable and an expert in the wisdom of the Torah, it is not fit to appoint him judge. And about this is it stated (Deuteronomy 1:17), “You shall not be partial in judgment.” And so [too,] did they, may their memory be blessed, explain, (Sifrei Devarim 17:1), “’You shall not be partial in judgment’ — this is [addressed to] one who is appointed to seat judges”; meaning to say that this warning comes to him. And they, may their memory be blessed, said (Sifrei Devarim 17:1), “’You shall not be partial in judgment’ — lest you say, ‘That man is comely’ [or] ‘strong’ [or wealthy or] ‘knows all the languages; I will make him a judge.’ Hence it is stated, ‘You shall not be partial in judgment’ — as it would come out [that] he exonerates the guilty and incriminates the innocent; not because he is wicked, but because he does not know.”
שֹׁרֶשׁ מִצְוָה זוֹ, נִגְלֶה הוּא לַכֹּל.
The root of this commandment is revealed to all.
דִּינֶיהָ, כְּגוֹן מַה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (תנחומא שופטים ג) שֶׁכְּשֵׁם שֶׁצָּרִיךְ הָרָאוּי לִהְיוֹת דַּיָּן יוֹדֵעַ דִּינֵי הַתּוֹרָה, כְּמוֹ כֵן צָרִיךְ לִהְיוֹת בַּעַל מִדּוֹת וְאָדָם כָּשֵׁר, כְּדֵי שֶׁלֹּא יֹאמַר לוֹ הַנִּדּוֹן טֹל קוֹרָה מִבֵּין עֵינֶיךָ, כְּלוֹמַר, קְשֹׁט עַצְמְךָ וְאַחַר כָּךְ קְשֹׁט אֲחֵרִים (סנהדרין יח, א), הֲרֵי הוּא אוֹמֵר בַּתּוֹרָה גַּבֵּי דַּיָּנִים אֲנָשִׁים חֲכָמִים, כְּלוֹמַר, יוֹדְעֵי הַחָכְמָה לָדוּן דִּין אֱמֶת, וִידוּעִים לְשִׁבְטֵיכֶם, אֵלּוּ שֶׁרוּחַ הַבְּרִיּוֹת נוֹחָה מֵהֶם, אַנְשֵׁי חַיִל שֶׁהֵם גִּבּוֹרִים בְּמִצְוֹת וּמְדַקְדְּקִים עַל עַצְמָם וְכוֹבְשִׁים אֶת יִצְרָם עַד שֶׁלֹּא יְהֵא לָהֶם שׁוּם גְּנַאי וְשׁוּם כִּעוּר, וּפִרְקָם נָאֶה, וּבִכְלַל אַנְשֵׁי חַיִל שֶׁיִּהְיֶה לָהֶם לֵב אַמִּיץ לְהַצִּיל עָשׁוּק מִיַּד עוֹשֵׁק, כָּעִנְיָן שֶׁנֶּאֱמַר (שמות ב יז) וַיָּקָם מֹשֶׁה וַיּוֹשִׁעָן. וּמָה מֹשֶׁה רַבֵּנוּ עָלָיו הַשָּׁלוֹם הָיָה עָנָיו, אַף כָּל דַּיָּן צָרִיךְ לִהְיוֹת עָנָיו. וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בְּסַנְהֶדְרִין וּבִמְקוֹמוֹת אֲחֵרִים בְּפִזּוּר [ח"מ סימן יח].
Its laws — such as that which they, may their memory be blessed, said (Midrash Tanchuma 5:3) that just as the one who is fit to be a judge must know the laws of the Torah, so too must he be someone of [good] character traits and a proper man, so that the judged not say to him, “Take out the beam from between your eyes,” meaning to say, “adorn yourself [first] and afterwards adorn others” (Sanhedrin 18a); that, behold, it states in the Torah concerning judges (Deuteronomy 1:15), “wise men,” meaning to say, those that know the wisdom to judge truthfully, “and known to your tribes,” [meaning] that the spirit of men derive pleasure from them, “men of strength,” that they are valiant about the commandments, exacting upon themselves and suppress their [evil] inclinations to the point that they do not have any disgrace and any ugliness, and their teaching is beautiful, and [also] included in being men of strength is that they have a brave heart to save the oppressed from the oppressor, like the matter that is stated (Exodus 2:17), “and Moshe rose to save them,” and just like our teacher Moshe, peace be upon him, was humble, so too must every judge be humble; and the rest of its details — are elucidated in Sanhedrin in [various] scattered places. (See Tur, Choshen Mishpat 18.)
וְנוֹהֶגֶת מִצְוָה זוֹ בְּכָל מָקוֹם וּבְכָל זְמַן. וְהָעוֹבֵר עַל זֶה וּמִנָּה דִּין שֶׁאֵינוֹ חָכָם מֵחֲמַת עָשְׁרוֹ אוֹ טוּב מִדּוֹתָיו, אוֹ מֵאַהֲבָתוֹ אוֹתוֹ, אוֹ מֵחֲמַת כְּבוֹד קְרוֹבָיו בִּטֵּל עֲשֵׂה [ל"ת] זֶה, וְעָנְשׁוֹ גָּדוֹל מְאֹד, שֶׁכָּל עֹנֶשׁ דִּינֵי שֶׁקֶר שֶׁיָּדִין אוֹתוֹ דַּיָּן מֵחֶסְרוֹן יְדִיעָתוֹ תָּלוּי עָלָיו, כִּי הוּא הַגּוֹרֵם.
And this commandment is practiced in every place and at all times. And one who transgresses it and appoints a judge who is not wise, on account of his wealth or good character traits or from his love for him or on account of the honor of his relatives has violated this [negative commandment]. And his sin is very great, as all of the punishment of the false rulings that this judge ruled from his lack of knowledge are [made] dependent upon him, as he is the cause.
וּמִכְּלַל מִצְוָה זוֹ גַּם כֵּן לְפִי הַדּוֹמֶה, שֶׁכָּל מִי שֶׁבֵּרְרוּ אוֹתוֹ בְּנֵי הַקָּהָל לְמַנּוֹת עֲלֵיהֶם מְמֻנִּים לְשׁוּם עִנְיָן שֶׁיָּשִׂים כָּל הַשְׁגָּחָתוֹ וְכָל דַּעְתּוֹ, לְמַנּוֹת מֵהֶם הָרְאוּיִים וְהַטּוֹבִים עַל אוֹתוֹ מִנּוּי שֶׁהַקָּהָל צְרִיכִים אוֹתוֹ, וְלֹא יָגוּר מִפְּנֵי אִישׁ לְמַנּוֹת אֶת מִי שֶׁאֵינוֹ רָאוּי. אָמְרוּ חֲכָמִים (ע"ז נב א, סנהדרין ז, ב) עַל מִי שֶׁהוּא מַעֲמִיד דַּיָּן שֶׁאֵינוֹ הָגוּן כְּאִלּוּ הֵקִים מַצֵּבָה, שֶׁנֶּאֱמַר וְלֹא תָקִים לְךָ מַצֵּבָה. וְאִם הוּא מָקוֹם שֶׁיֵּשׁ בּוֹ תַּלְמִידֵי חֲכָמִים אָמְרוּ שֶׁהוּא כְּאִלּוּ נָטַע אֲשֵׁרָה, שֶׁנֶּאֱמַר (שם כא) לֹא תִטַּע לְךָ אֲשֵׁרָה כָּל עֵץ אֵצֶל מִזְבַּח יְיָ אֱלֹהֶיךָ. וְעוֹד אָמְרוּ (שם) שֶׁכָּל הַמְּמַנֶּה דַּיָּן מֵחֲמַת עָשְׁרוֹ עַל זֶה נֶאֱמַר (שמות כ כ) לֹא תַעֲשׂוּן אִתִּי אֱלֹהֵי כֶסֶף וֵאלֹהֵי זָהָב וְעוֹד הֶאֱרִיכוּ בְּעִנְיָן זֶה וְאָמְרוּ (ירושלמי ביכורים פ"ג ה"ג), שֶׁדַּיָּן שֶׁנָּתַן מָמוֹן כְּדֵי שֶׁיִּתְמַנֶּה דַּיָּן אָסוּר לַעֲמֹד מִפָּנָיו, וּמְקִלִּין הַרְבֵּה בִּכְבוֹדוֹ. וְאָמְרוּ עָלָיו שֶׁהַטַּלִּית שֶׁמִּתְעַטֵּף בָּהּ יִהְיֶה בְּעֵינֶיךָ כְּמַרְדַּעַת הַחֲמוֹר. וְדֶרֶךְ הַחֲכָמִים הָרִאשׁוֹנִים שֶׁבּוֹרְחִין מִלְּהִתְמַנּוֹת דַּיָּנִים (סנהרין יד, א) אֶלָּא בְּמָקוֹם שֶׁאֵין גָּדוֹל מֵהֶם.
And it appears that [also] included in this commandment is that anyone who the members of the community have chosen to appoint appointees over them for any matter, that they should put all of their attention and intellect [to it], to appoint those appropriate and good for that appointment that the community requires. And he should not be frightened from any man, to appoint someone that is not appropriate. And the Sages said (Avodah Zarah 52a, Sanhedrin 7b) about someone who sets up a judge that is not proper, [that it is] as if he puts up a stone pillar, as it is stated (Deuteronomy 16:22) [soon after the commandment to set up judges], “and you shall not set up a pillar for yourself.” And if it is a place where there are Torah scholars in it, they said that it is like planting a tree-god, as it is stated (Deuteronomy 16:21), “You shall not plant a tree-god, any tree, beside the altar of the Lord, your God.” And they also said (Sanhedrin 7b) that anyone who appoints a judge because of his wealth, about this is it stated (Shemot 20:20), “You shall not make with Me gods of silver and gods of gold.” And they spoke at length about this matter and said (Talmud Yerushalmi Bikkurim 3:3) that it is forbidden to stand [for judgment] in front of a judge who gave money in order that he be appointed a judge. And they treated his honor very lightly, and said about him that the cloak with which he wraps himself should be like a donkey saddle in your eyes. And it was the way of the early Sages to flee from being appointed judges (Sanhedrin 14a), except in a place where there was no one greater than them.