Devarim: When Judges Are Threatened with Violence

Synopsis: This is the audio version of the 2-page article I wrote and published on rabbischneeweiss.substack.com/ on 7/17/26 titled: Devarim: When Judges Are Threatened with Violence. What would you do if you were a judge and a litigant threatened to kill you? The Torah commands judges not to be afraid. This article explores the halacha and its underlying philosophy.

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Transcript

SPEAKER_00 0:08

Hello, I'm Rabbi Matt Schneeweiss, and this is the audio version of the two-page article I wrote and published on my Substack at rabbi Schneewiss.substack.com on July 17th, 2026. And before I read this, I just want to say that for some reason, this was one of the hardest articles that I've written certainly this summer, maybe this year. I do not know why. Uh, but while I always appreciate feedback on articles, uh, I would particularly like your feedback on this one. Uh, I want to know if I did the topic justice. Uh, no pun intended. Um, and I don't even think this is one of the best articles I've written. It's just I worked on this for hours. Okay, anyway, if you can tell I'm frustrated, but hopefully it's worth it. Okay. Devarin, when judges are threatened with violence. I grew up in Yakima, Washington in the 90s. Yakima was and still is a town renowned for its hops, its orchards, its vineyards, and its gang violence, at least in the bad parts of town. One of my best friends, who resided in the good part of town, lived next door to a family whose kids often came over to play. One day he informed me that these kids' parents were both judges and casually mentioned that they had received death threats in the past, most likely from the thugs in these gangs. That's what I think of whenever I read one of the first mitzvos mentioned in Sefer Dvarim, the Torah prohibition of Losa Guru Mipne Ish, do not fear any man, which is directed specifically at judges. Here it is in context. Quote from Devarim 1, 16 through 17. I commanded your judges at that time, saying, Listen among your brothers, and judge righteously between man and his brother or his sojourner. Do not show partiality and judgment, the small and like the great you shall hear. Do not fear any man, for the Mishpat, justice or judgment, is God's, meaning belongs to God. And the matter that is too difficult for you, bring to me and I will hear it. I'd like to examine both clauses of the bolted phrase. One, what is the prohibition of Losaguru and what are its parameters? Two, what does it mean that the Mishpat belongs to God, and how does it relate to Losaguru? Ramam codifies the primary case of Losaguru in Hilhos Sanhedrin Haunchin Hamasurin Lahen 22.1. Quote When two who come before you for judgment, one gentle and one tough, before you hear their words, or once you hear their words and you do not yet know how the judgment leans, you are permitted to say to them, I will not attend to you. Perhaps the strong one will become liable, and he will consequently chase after the judges. But once you've heard their words and know how the judgment leans, you are not permitted to say, I will not attend to you, as it is stated, do not fear any man. This means that you shouldn't say, So-and-so is wicked, maybe he'll kill my son, maybe he'll set fire to my grain, uh, my grain stack, maybe he'll cut down my saplings. And if he was appointed for the public, he is obligated to attend to them in every case. End quote. The Torah gives a Dayan two outs. He can opt not to hear the case at all, or he can recuse himself even after hearing the claims, as long as he hasn't yet formed a judgment. But once he hears their words and is inclined toward a ruling, Losaguru kicks in and he is obligated to judge the case no matter how afraid he is. And these outs only apply to Dayanim who aren't appointed for the public. A Dayan who is Mimuna Larabin, a public appointee, may not opt out of any case. Upon hearing this halacha, one might wonder, really? The Dayan is required to endanger himself and his family? What about the paramount value of Pikuach Nefesh, the preservation of life? Rabinacham Rabinovich Zatzal in the Yad Pshuta raises this question and tentatively offers an original answer. Quote, the Acheronim discussed the question: if the case involves a powerful litigant and the Dayan fears that he may kill his, the Dayan's son, why is he obligated to take up their case? Surely nothing stands in the way of Sakanas Nefashos, danger to life, except three transgressions, and the negative commandment of Lusaguru is not one of them. Were it not that I am afraid to say so, I would say that the law of the king and the law of the Bestin, the court, differ from the Din Yahit, the law of an individual. For the function of Baistien is to pursue evildoers and to restrain them, even by force. And it is evident that if Baistien applies force against evildoers, it is possible that they will meet with opposition from them, and consequently, danger will be created for the Dion or for the officer as well. But it is on that understanding that they appointed him. If God forbid the Dayanin will be afraid to judge the transgressors, there is no greater danger, there is no danger greater than this for the entire public. And the Pikuach Nefish of the whole public depends on this. Compare in the same Halachos 23:9, any Dion who takes money from this one and gives it to that one unlawfully, Hakarish Baruch exacts souls from him, as it is stated in Mishlay 2223, and he will rob the life of those who rob them. Since it is on that understanding that he was appointed, the Dion cannot exempt himself with a claim of concern for Pikuach Nefesh. Rather, if he truly fears for his life on account of the wicked, he must resign and step down from his eminence and no longer be a dion at all. But one who continues to be a dion while betraying his office by showing favor to the wicked, he thereby forfeits his life. End quote. Rabbi Rabinovich's argument is that the Dayan acting as an arm of the Bastian isn't governed by the Din Yachid with regard to Piku Aknefesh. The Torah's response to a judge's Sukhana's Nefasho's concern is in your capacity as Dayan, you are charged with the Pikuach Nefish of the whole community. That is what you signed up for. In many ways, this is akin to being a soldier. Both the Dayan and the soldiers serve their roles, knowing that they may very well endanger their lives, and both are aware that it is vital for that some people take such roles for the preservation and well-being of society at large. Now that we've answered our question about Losaguru, let us move on to our question about Kiha Mishpat Lelokimhu. The Ramban cites a passage in Divrahayamin Bez 19, 6 through 7. After the righteous King Yehoshvat appoints judges throughout the land, he gives these judges a charge similar to Mosh Rubinu's. Quote, Yehoshvat said to the judges, See what you are doing, because it is not for man that you judge, but for Hashem, and he is with you in the matter of judgment. And now let the dread of Hashem be upon you. Take care and act, for with Hashem our God there is no injustice, nor favoritism, nor taking of bribes. End quote. The Ramban on Devarim 117 explains Moshe's words based on that passage in Divrahiyam. Quote, The meaning of because the Mishpat is God's is like the meaning of because you do not judge for man, but for Hashem. And he is with you in the matter of Mishpat, meaning to say, it is for God to do justice among his creatures, for it is on account of this that he created them, that there be uprightness and righteousness among them, and to save the robbed from the hand of the oppressor. And he appointed you in his place. And if you are afraid and you commit robbery through your perversion of justice, behold, you have sinned against Hashem, for you have betrayed his Shlichus, his commission. End quote from the Ramban. When I first read our verse, I assumed it was intended as divrichiz, words of encouragement for the judges. Do not fear any man, for the Mishpat is God's, and he will assist you in your task and protect you from the harm you fear. Indeed, this is one of the explanations of for of Yhoshaphat's words given by the Radak. Quote, he will be with you and help you in the matter of judgment if you fear him, end quote. This is not how the Ramban understands it. Rather, Moshe is reminding the judges that they are the Shluchim, the agents through whom God enacts justice. Therefore, if they allow intimidation by litigants to affect their rulings, not only are they failing in their duties toward their fellow Jews, but they are also betraying their shlikus, thereby hindering God from carrying out his justice through his earthly representatives. Whereas the Radak learns Kihamishpat Lelokimhu as a statement of what God will do for the Dayan, the Ramban learns it as a statement of what the Dayan does for God, so to speak. And although this relates directly to Losaguru Mikna Ish, it also serves as a fitting conclusion to the entire list of mitvos, insofar as it reminds the judge of his role and its importance. I don't know how my friend's judiciary neighbors handled the death threats they received, but if the Ramban were to address them, he might remind them that they too are agents of divine justice. Quote It is for God to do justice among his creatures, for it is on account of this that he created them. End quote.