Judaism advocates for a bold implementation of justice. We have always stood in opposition to the conception that might makes right. Among the many legal and moral principles outlined in Parshat Kedoshim, including paying a worker’s wages on-time, having only even weights and measures, and loving your neighbor as yourself, we encounter a concept central to the administration of justice:

ויקרא יט

(טו) לֹא־תַעֲשׂ֥וּ עָ֙וֶל֙ בַּמִּשְׁפָּ֔ט לֹא־תִשָּׂ֣א פְנֵי־דָ֔ל וְלֹ֥א תֶהְדַּ֖ר פְּנֵ֣י גָד֑וֹל בְּצֶ֖דֶק תִּשְׁפֹּ֥ט עֲמִיתֶֽךָ׃

Vayikra 19

15 You should not commit any distortion in judgment; you should not show preference to a poor person, nor show extra honor to someone who is great; with justice you should judge your people.

We often hear about the preference our modern justice system gives to the rich and powerful. But it is interesting that we are first warned not to give preference to the poor. What is the Torah’s concern that we must guard against preference for the poor along with the rich?

רש"י ויקרא יט:טו

לא תשא פני דל – שלא תאמר עני הוא והעשיר הזה חייב לפרנסו, אזכנו, ונמצא מתפרנס בנקיות.

לא תהדר פני גדול – שלא תאמר: עשיר הוא זה, בן גדולים הוא זה, היאך אביישינו ואראה בבושתו, עונש יש בדבר, לכך נאמר: לא תהדר פני גדול.

Rashi Vayikra 19:15

You shall not favor a poor person – [This means] that you shall not say, “This man is poor, and the rich man is obligated to provide him with sustenance; therefore, I will acquit him in judgment, and he will thus be sustained respectably.”- [Torath Kohanim 19:37]

or show respect to the great – [This means] that you shall not say, “This man is rich, the son of prominent people; how can I embarrass him and behold his shame? That would surely be a punishable act!” Therefore, Scripture says here, “or respect a great man.” - [Torath Kohanim 19:38]

Rashi addresses the potential for a distortion of justice in favor of the poor. It is a core value to sustain and support those less fortunate. The Torah requires the farmer to leave the corners of his field and fallen produce to the poor, and we are obligated to use portions of our wealth and sustenance to support those in need. Perhaps when the rich and poor come before the justice system, this provides an opportunity to correct a perceived imbalance and support the poor? The Torah cautions us against this thinking. The judiciary process must be solely independent and focused on truth. This does not mean we are indifferent to the plight of the poor. Our obligations to support our fellow remain in full force. But the justice system must maintain its internal integrity.

משלי כד:כג

גַּם־אֵ֥לֶּה לַחֲכָמִ֑ים הַֽכֵּר־פָּנִ֖ים בְּמִשְׁפָּ֣ט בַּל־טֽוֹב׃

Mishlei 24:23

Also for the wise, showing preference in judgement is not good.

This is a somewhat strange statement. Why would this idea not apply to those who are wise? Why do I need a verse in Mishlei to tell me something that is explicit in the Torah?

מצודת דוד משלי כד:כג

גם אלה לחכמים – ר"ל עם כי נראה שהדברים האלה כל חכם יבין מדעתו ואין מהצורך להזהירו מ"מ אמורים גם המה לחכמים והם יוסיפו לקח להבין תוכיות הדברים.

הכר פנים – ר״ל אף לעשות משפט אמת ולומר להיוצא זכאי הנה הכרתי פניך לזכותך הנה לא טוב ידבר כי יש בדבר ח״ה לפני הזכאים.

Metzudot David Mishlei 24:23

These are also for the wise – Granted that these matters would be intuitive to a wise person, and it would seem unnecessary to warn him, nonetheless these statements are also for the wise, as they will perceive and internalize the ideas inherent in these subjects.

To show preference – Even to conduct true judgement, but to say (afterward) to the one who is innocent, “behold I gave you preference for your (general) merit,” behold this is not appropriate to say, for it is a desecration of God (even merely) before those who are innocent.

The Metzudot starts off by explaining that while these ideas might be intuitive to the wise, they will still benefit from review and further internalization. This also addresses why Mishlei emphasizes something that is explicit in the Torah. The concept might be clear, but the implementation can nonetheless be a challenge and requires additional attention. It also underscores that any perceived preference in judgement desecrates our Divinely mandated system of justice. Even if it has no impact on the particular judgement, even a minor show of preference merely to the wise, nonetheless distorts the institution of our judiciary system and is an assault on justice.

The verse in Vayikra reminds us that the judicial process must not show partiality to any individual, whether rich or poor, powerful or weak. The verse in Mishlei reminds us that this idea must be studied and internalized. The system of justice cannot bend to any person or any external agenda. Justice is the cornerstone of society, regulating our interpersonal affairs, the foundation of our cooperative enterprise. The Torah emphasizes that in order for our justice system to function properly, it must maintain its integrity, through adherence to its internal principles, and its impartial implementation.

References

Rosenberg, A. (1980). A new English translation of the Hebrew Bible text and Rashi, with a commentary digest. New York: Judaica Press. Retrieved from: https://www.chabad.org/library/bible_cdo/

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