Parshat Shoftim - Ability to Judge
by Rabbi Lobel

“If a matter of judgment will be concealed from you... You shall ascend to the place of G-d's choosing . You shall come to the Kohanim (Priests), the Levites, and to the Judge of those days; you shall inquire and they will give you the law.” (Deuteronomy 17:8-9)

Every city had its own court. If there was a disagreement amongst the judges or if the local court was unsure of the law, the judges would present the facts to the Sanhedrin (Highest Court) at the Bais HaMikdash, the Holy Temple.

Rashi (17:8) states the Torah uses the word “Yeepaleh” to explain why the lower court was unable to render a ruling. “Yeepaleh” means, the issue is “wondrous”. Rashi says wondrous means the issue is distinct and removed from the lower court’s ability to rule.

The Sforno explains the reason a lower court may not be able to pass judgment is because there is a doubt amongst the judges on exactly how the law was proclaimed and understood. Therefore, the lower court should not rule according to its own reasoning but seek the council of the highest judges of the time.

A judge’s responsibility is to determine the Torah’s ruling. Therefore, judges must be exceedingly careful to not substitute the Torah’s logic for their own. Moreover, if a judge has any doubt on the applicability of Torah law (halakha), he must defer to a higher authority.

Just as the Sanhedrin was located in the Bais HaMikdash, G-d’s dwelling place, so, too, must every court be a source of Torah. Every judge must recognize that the people standing before him are seeking guidance from the Torah, not from man.

The Ibn Ezra (Exodus, 21:6) says “The judges were called Elokim (Elokim - G-d's name) because they enacted G-d's laws on earth.” Asking a judge what to do is the same as asking what is G-d's will. Heaven forbid a judge should ever utter a word that is not G-d’s law.