Parshat Devarim-Chazon - Justice
by Rabbi Lobel

“Do not be biased in judgment, you shall hear small and great alike.” (Deuteronomy 1:17)

Based upon Onkelos' translation, Rashi explains that this warning references a situation where a rich man and poor man are litigating money matters. The Torah warns the judge to not favor the poor man since the rich are obligated to support the poor. Nor should the judge favor the poor man because he needs the money and, without it, may turn to thievery.

If a judge’s focus was to act in the community’s best interest, we can see the temptation to favor a poor litigant over a wealthy one. The rich man has an obligation to support the poor. The poor man desperately needs the money. Shouldn’t the community’s interest be considered?

The Torah says no, the law must be applied equally, and without prejudice, to everyone. Judges are not permitted to consider anything but the law and the Torah warns them to not be influenced by any external factors, however noble they may be.

Yes, the rich must support the poor. Yes, desperate circumstances can drive an individual to thievery. Yet, G-d’s will is expressed in the laws of the Torah and a judge must be careful to not substitute the law’s conclusion with his own.