When two people come before a judge, one soft and one harsh - before he hears their words, or even after he hears their words, but does not know the direction in which the judgment is leaning - he has the license to tell them: "I will not involve myself with you," lest the harsh litigant be held liable and seek vengeance from the judge. After he hears their words and knows in which direction the judgment is leaning, he does not have the license to tell them: "I will not involve myself with you," as Deuteronomy 1:18 states: "Do not be intimidated by any person." That verse implies that one should not say: "So-and-so is wicked, maybe he will kill my son, set fire to my crops, or cut down my trees." If he was an expert appointed to judge the many, he is obligated to involve himself with them in all circumstances.
Similarly, if a student was sitting before his master and became aware of a factor that would vindicate a poor person and obligate his rich adversary, he transgresses the above commandment if he remains silent. Concerning such matters, Exodus 23:7 states: "Keep distant from words of falsehood." What is the source which teaches that a judge should not have an underdeveloped student sit before him? It is written: "Keep distant from words of falsehood."
🦁 Courage to Speak
Even a student must speak up when he sees injustice — whether his teacher is erring or the poor are being wronged. Silence in the face of injustice is itself a violation.
What is the source which teaches that a student who sees his teacher erring with regard to a judgment should not say: "I will wait until he renders judgment. Then I will refute his ruling and then construct a new one so that the judgment will be quoted in my name"? It is written: "Keep distant from words of falsehood."
At the outset, it is a mitzvah to ask the litigants: "Do you desire a judgment or a compromise?" If they desire a compromise, a compromise is negotiated. Any court that continuously negotiates a compromise is praiseworthy. Concerning this approach, Zechariah 8:16 states: Adjudicate a judgment of peace in your gates." Which judgment involves peace? A compromise. Similarly, with regard to King David it is stated: "And David carried out justice and charity for his entire people." When does justice involve charity? When a compromise is made. When does the above apply? Before a judgment is rendered. Even though the judge has already heard their arguments and knows the direction in which the judgment is heading, it is a mitzvah to negotiate a compromise. Once the judgment is rendered and he declares: "So-and-so, your claim is vindicated; so-and-so, you are liable," he may not negotiate a compromise. Instead, let the judgment pierce the mountain.
Although the litigants agreed to a compromise in court, they have the authority to demand a judgment until they confirm their commitment to the compromise with a kinyan.
🤝 Compromise First
Courts should first offer compromise (peshara) before strict judgment. Once a compromise is finalized, it has more legal force than a strict ruling.
5/8
Confidentiality of Deliberations and Court Records
A compromise has greater legal power than a judgment. If two ordinary people rendered a judgment, their judgment is not binding and the litigants need not accept it. If, however, such individuals negotiated a compromise and the litigants affirmed their agreement with a kinyan, they may not retract.
After leaving the court, it is forbidden for any of the judges to say: "I was the one who vindicated you or held you liable and my colleagues differed with me. What could I do? They outnumbered me." If he says this, he is among those to whom the words of censure, Proverbs 11:13,: "He proceeds gossiping, revealing secrets" is applied. An incident occurred with regard to one student who revealed the private conversations in the House of Study 22 years later. The court had him removed from the House of Study and denounced him as "a revealer of secrets."
If either of the litigants asks the court to compose a record of the judgment, they write it for him in the following manner: "So-and-so came to this-and-this court with so-and-so, the opposing litigant, claiming this-and-this. He was vindicated" or "...held liable." The record is given to him without it mentioning the names of those who vindicated him or those who held him liable. Instead, it says merely "From the statements of the court of such-and-such, so-and-so was vindicated."
This was the custom of the men of Jerusalem: "They would bring the litigants into the court and listen to their statements and claims. They would then bring in the witnesses and listen to their statements. Afterwards, the judges would have all others removed and would debate the matter among themselves until they came to a decision. Afterwards, they would call the litigants in and the judge of the greatest stature declares: "So-and-so, your claim is vindicated; so-and-so, you are liable." In this way, the litigants do no know which judge vindicated him and which judge held him liable.
📋 Secrecy & Records
Judges must never reveal their individual votes after leaving court. Written decisions follow a standard format, and Jerusalem courts maintained special traditions for welcoming litigants.
6/8
Disqualified Colleagues and Preserving Court Integrity
When a judge knows that a colleague is a robber or a wicked person, it is forbidden for him to sit in judgment with him, as it is stated: "Keep distant from words of falsehood." This is the practice that would be followed by Jerusalem's men of refined character: They would not sit to participate in a judgment unless they knew who would sit with them. They would not sign a legal document unless they knew who would sign with them. And they would not enter a feast until they knew who would be joining them.
🚫 Unfit Judges
A judge who knows his colleague is corrupt or wicked is forbidden to sit in judgment with him — lest the court's legitimacy be compromised.
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🎓 Key Principles
Chapter 22
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Silence Is Complicity When a student witnesses an error in his teacher's judgment, he is obligated to speak — not to stay silent out of deference. Justice demands courage even from juniors.
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Compromise Brings Peace The Rambam emphasizes that offering compromise before rigid judgment is itself a mitzvah. Peshara — reaching a settlement — is 'better than judgment' because it leaves both parties with dignity.
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Judicial Confidentiality Is Sacred After leaving the courtroom, no judge may reveal how he voted. This protects the integrity of deliberations and ensures judges are not subjected to outside pressure or retaliation.
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Documentation Preserves Justice When litigants request a written record of the verdict, courts provide it in a standard format — protecting the outcome from later dispute and ensuring transparency.