שולחן ערוך חושן משפט · סימן י׳

English

The Judge must be patient in the [administration of] justice XX, 7 and Tur a.l., derived from Aboth I, 1: ‘Be patient in judgment.’ [viz.,] that he should not give a decision before he protracts [his deliberations] (Is. I, 17), i.e., praise ( אשרו is explained ‘declare happy’) the Judge (in capital cases) who reserves (lit. ‘makes sour’ or ‘preserves,’ i.e., he protracts his deliberations) his judgment (overnight).’ Tur cites כי יתחמץ לבבי וכליותי אשתונן (Ps. LXXIII, 21) which may be rendered, For my heart (i.e., my mind) matures (by protracting the deliberations) and (through) my reins (fig. the soul or mind) I will become sharpened (i.e., through mature judgment). Cf. Ibn Ezra a.l. and v. Ha-Oẓar by S. J. Fin , s.v. שנן ,חמץ . E. renders, For my heart was in a ferment, and I was pricked in my reins . Yad ibid. cites And the cause of him that I knew not I searched out (Job. XXIX, 16). and discussed it [the law] and it becomes clear to him as the sun[light].: Execute justice in the morning and deliver the spoiled out of the hand of the oppressor (Jer. XXI, 12). Is justice executed in the morning and not during the whole day? — It means rather that if it (i.e., the judgment that you are to pronounce) is clear to you as the morning (light), pronounce it, but if not, do not pronounce it.’ He who gives legal decisions in haughtiness and rashly decides the law before he examines it well in private until it becomes clear to him as the sun[light], is regarded foolish, wicked and presumptuous.

English

Every [Judge] before whom a lawsuit comes and he compares it to another case that had already come before him and gave a decision [by analogy] whilst there is with him in the [same] town [a scholar who] is greater than he in wisdom and he fails to consult him [in the present case], is regarded as included among the wicked who give decisions in haughtiness. XX, 8, derived from Yeb. 109b in accord with the alternate exposition of R. Isaac : ‘Or I may explain, “he who nails himself to the matter of the law,” refers to a Judge before whom a case comes, and he having learned a certain Halachah (with respect to a similar case) decides by analogy, while there is a greater scholar than he whom he fails to consult.’ The same ruling applies to ritual law — Tummim .

English

For she hath cast down many wounded,' refers to a scholar who has not attained [the age of] ordination, and [yet,] renders decisions; 'Yea, a mighty host are her slain,' refers to one who has attained [the age of] ordination, but avoids giving decisions, provided [his] generation has need of him. XX, 8; Tur . Derived from Ber. 63a. However, if he knew that there is [another scholar available] there [who is] fit to render decisions, and [on account of this] he refrains from giving decisions, he is considered praiseworthy. § 8, 3, nn. 26-28. Whosoever refrains from [trying] a lawsuit avoids enmity and robbery and a vain oath.

English

In the eyes of the Judge a lawsuit of a Perutah should be as [important as] one of a hundred Maneh . (Deut. I, 17). Resh Lakish stated: This verse intimates that a lawsuit of a Perutah should be as important as one of a hundred Maneh .’