RaYBaSH’s Ponderings of the Perkei Avot
Chapter 1:7-9
By: Yehudah ben Shomeyr
8. Judah the son of Tabbai and Shimon the son of Shotach received from them. Judah the son of Tabbai would say: When sitting in judgment, do not act as a counselor-at-law. When the litigants stand before you, consider them both guilty; and when they leave your courtroom, having accepted the judgment, regard them as equally righteous.
9. Shimon the son of Shotach would say: Increasingly cross-examine the witnesses. Be careful with your words, lest they learn from them how to lie.
Some of the texts
are so straight forward goes without saying; some is in the realm of religious
common sense if you will.
Verse seven is to
help one avoid being guilty by association. And that no matter how long it
takes God will give the wicked their just reward of punishment. The Scriptures
do say that vengeance belongs to ADONAI and that He will repay.
Verse eight is
interesting in that it goes the opposite of the U.S. justice system that says
“Innocent until proven guilty” whereas the Rabbis say “Guilty until proven
innocent.” I suppose both are a call to stay impartial as a judge and as a
religious leader who has to settle disputes and be an arbitrator.
All these Perkei
Avot verses above cautions thorough investigation in any case, religious or
secular, and at this time Rabbi’s dealt also with secular disputes among the
Jewish people rather than sending them to Gentile courts.
The commentary for
verse nine states:
“Speak carefully
to witnesses and litigants, lest the direction of your interrogation give them
a hint on how to fabricate their testimony to tell you what they think you are
looking for.”
Shalom,
-- Yehudah ben
Shomeyr