How to Judge

Parshat Devarim


by Rabbi Avi Billet


The book of Devarim begins (1:12-18) with Moshe reminding the people of how when the Law was first given he was unable to personally deal with every dispute. At the time, he appointed a tier system of judges over specific population sizes to work with the people. Moshe would serve, in a sense, as the equivalent of the Supreme Court (sans the politics), as the highest arbiter of the law, whose decisions are final.

          
It is worth noting that the way Moshe describes what he did at the time is mostly a reflection of the steps he took following the advice given to him by his father-in-law Yitro in Shmot 18. The Or HaChaim uses that story to indicate the Torah's approach to learning from anyone who has wisdom to share – Yitro being a model non-Jew who was able to teach Moshe organizational skills.

          
In his recounting of those early days of appointing judges, Moshe recalls the instructions that were given to the initial appointees: "Listen to every dispute among your brethren, and judge honestly between each man and his brother [or] his 'ger.'" (1:16) He continues to describe how favoritism is to be avoided, whether based on wealth, looks, or some other criteria. Just judge by the book, based on the evidence presented.

          
In order to understand what this form of judging means, we need to understand what the term "ger" means in this context. While "ger" sometimes means "convert" or "proselyte," the fact is that one who has converted to Judaism is really supposed to be referred to as a convert for one second – at the moment of conversion. Afterwards, the person is meant to be included in the term "his brother" – because one who has joined the Jewish people is a full Jew (with a few restrictions on certain positions they may hold, which do not transfer to their children).

          
It could be referring to a "ger toshav" – what we might call a "righteous gentile" or a non-Jew who has opted to live with the Jewish people, abide by the 7 Noahide Laws, and accept Jewish sovereignty. This category would clearly be distinct from "his brother."

          
Rashi offers two interpretations. The first focuses on the word "his" (which is a one-letter suffix in Hebrew), which Rashi explains to mean "his litigant." Rashi comes to this interpretation from a play on words from the word "agur," which means one who "collects arguments" to present against him in court. This likely refers to a litigant who is classified differently than a "brother" – who comes to court to settle a friendly dispute – particularly one who comes as an adversary.

          
Rashi's second interpretation is that the word "ger" is a play on words on a similar word which means "where one lives" (think "gur ba'aretz"), referring to people who are dividing property, such as siblings who are splitting physical objects they inherited together.

          
Rabbi Samson Raphael Hirsch expands the sphere, saying "his ger" may refer to a neighbor, or one who lives under the same roof (think apartment buildings or condo units).

What is clear from these commentaries, the 'ger' in this context seems to refer to anything but a convert.

          
I think the message of "his ger" is that disputes – some may be civil, some uncivil –  come up with those who are fairly close to you and they should be brought before the magistrate and adjudicated.

          
While this may be informative as to when or in what circumstance a case is to be brought before the court, it does not instruct us as to how to go about presenting the cases best so they can be judged properly.

          
Which leaves us with the tale Rabbi Hertz shares in his Chumash. It is a Chassidic tale of a rabbi's wife who has a dispute with her "ozeret" (helper), who decides to present her case to a court. As she leaves the house, her husband rushes to accompany her, and when she asks him why he is coming, he says, "To provide a defense for the other woman, who will otherwise not have an advocate before the court."

          
The word "ger" can mean "stranger," and it can also mean "other." And the message of this tale is the message of how to judge others.

          
Maybe the best way to judge others is really not to judge others. But human nature is such that we always see ourselves as being right and the other person as being wrong. And we do rush to judge. And while some cases are black and white (like the shooter apprehended in Colorado in the aftermath of his horrific act), most cases between people are gray and have two sides to the story.

          
And it does not matter who the other side is – whether the person is wealthy, poor, a prominent person in a community, a maid, or even a derelict. Every person has a story, every perspective should have a chance to be heard, and after all sides are presented and defended, a judgment can be made.

            
As we come to Tisha B'Av once again, we are reminded of the kinds of behavior that Chazal tell us brought about the destruction of Jerusalem and the Holy Temple. May our shift to reserving judgment until after we've heard both sides serve as a merit for us to let us see the Temple rebuilt, speedily in our days.