פרשת משפטים תשט"ז - "לא תטה משפט..."

Thou shalt not wrest the judgment of thy poor in his cause.

Keep thee far from a false matter; and the innocent and righteous slay thou not; for I will not justify the wicked.

And thou shalt take no gift; for a gift blindeth them that have sight, and perverteth the words of the righteous.

And a stranger shalt thou not oppress; for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt.

Thou shalt not wrest the judgment of thy poor in his cause.

Keep thee far from a false matter; and the innocent and righteous slay thou not; for I will not justify the wicked.

ונקי וצדיק אל תהרג AND THE GUILTLESS AND RIGHTEOUS SLAY THOU NOT — Whence may we infer that in the case that one who left the court after being found guilty and one says, “I have something to plead in his favour”, he has to be brought back in order that the court may listen to this? From what Scripture states, “and the נקי thou shalt not slay”. Although he is not a צדיק — for he has not been acquitted by the court — he is however “free” (נקי) from the death penalty, for it is your duty to plead — as far as possible — in his favour. And whence mar we infer, on the other hand, that in the case of one who left the court after having been acquitted and one says, “I have something to say against him” he is not to be brought back that the judges may hear this? From what Scripture states: “and the צדיק slay thou not” — and this man is a צדיק since he has been acquitted by the court (Sanhedrin 33b).

Keep thee far from a false matter; and the innocent and righteous slay thou not; for I will not justify the wicked.

כי לא אצדיק רשע FOR “I” WILL NOT JUSTIFY THE WICKED — It is not your duty, in the latter case, to bring the man back to the court, for if he is really guilty, “I” will not acquit him in My court. Altough he has left your hands as innocent “I” have many agents (many means) to inflict upon him the death to which he has made himself liable (Mekhilta d'Rabbi Yishmael 23:7:2).

And thou shalt take no gift; for a gift blindeth them that have sight, and perverteth the words of the righteous.

ושחד לא תקח AND THOU SHALT TAKE NO GIFT, even if you mean to give a true judgment in favour of the giver, and it is a matter of course that you must not accept one to wrest judgment, and therefore there is no need for Scripture to forbid this, for with regard to wresting judgment, whether you take a bribe or not, it is distinctly stated, (Deuteronomy 16:19) “Thou shalt not wrest judgment” (Ketubot 105a).

He that putteth not out his money on interest, Nor taketh a bribe against the innocent. He that doeth these things shall never be moved.

And a stranger shalt thou not oppress; for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt.

And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.

And a stranger shalt thou not oppress; for ye know the heart of a stranger, seeing ye were strangers in the land of Egypt.

For you were strangers in the land of Egypt: Not all strangers are made fitting [for special treatment just] because we were strangers in [one] land for a time. And there is no reason that they should be assured [of this treatment] forever because of this. And Rashi on Exodus 22:20 explained that it is the reason why "you should not oppress him with words [...], for if you oppress him, he can oppress you [also] by saying to you, 'You also come from strangers' - [regarding] a blemish in you, do not speak about it in your fellow." And Rabbi Avraham (Ibn Ezra on Exodus 22:20) said, "Remember that you were strangers like him." But there is no fundamental explanation in all this. And that which is correct in my eyes is that when it states, "do not oppress the stranger and do not harry him," you should think that he has no one to save him from your hand, since you know that you were strangers in the land of Egypt, and you saw the harrying that Egypt harried you and that I took vengeance for you, 'since I see the tear of the oppressed who has no comforter and has no power from the hand of their oppressors' and I save every person 'from the hand of one stronger than he.' And so [too], do not afflict the widow and the orphan, since I hear their cries. As all of these do not rely on themselves and [so] upon Me do they rely. And in a different verse, it adds another reason (Exodus 23:9), "and you know the soul of a stranger, since you were strangers in the land of Egypt." This is to say, you know that the soul of any stranger is lowly towards himself, and he sighs and cries, and his eyes are always to God - and He will have mercy upon him, as He had mercy upon you, as it is written (Exodus 2:23), "and the Children of Israel sighed from the work and they cried out, and their prayer ascended to God, from the work." This is to say that not because of their merit [did God hear], but rather He had mercy upon them due to their [heavy] work.