The last two lessons focused on the eligibility of the judge. But there is more to appointing a judge than insuring that he is not ineligible. He must also meet higher criteria as set forth in this lesson.

One who appoints a judge who is not worthy or who is not wise in the knowledge of Torah or who is ineligible to be a judge transgresses the negative commandment "You shall not respect persons in judgment" (Deuteronomy 1:17)

It is prohibited to appoint an ignorant person as a judge on reliance that he will consult a wise man each time a case comes before him. If an ignorant person was appointed to judge a single trial and he did consult with a scholar before rendering a judgment, his judgment is valid. Towns that do not contain men who are wise and worthy and eligible should appoint the wisest among them to be judges. The failure to appoint judges may result in the litigants availing themselves of the secular courts.

Once the community has appointed them as judges, no one in the town may object to their judgments. Every community may accept judges who do not meet the Torah standard for judges.

It is forbidden to appear before any judge who was appointed because of a money payment or other consideration. It is incumbent upon the inhabitants of such a community to ridicule him. A judge may not be appointed by any kind of conspiracy or guile. He may certainly not be appointed by a direct or indirect bribe. Judgment by any judge so appointed is void. It can be seen that if a judge believes that he can be appointed by a bribe, then the entire concept of bribery has no importance as a prohibition to be devoutly avoided. The next logical step is to accept a bribe to render a decision in favor of the briber. The opening wedge that the judge himself drove is the breakdown of the judicial system.

Most importantly there is the Torah basis against appointing a judge through guile, deception or direct bribe. "Gods of silver or gods of gold you shall not make for yourself (Exodus 20:20).

Ideally, each of the persons appointed as members of the Beth Din should possess the following seven characteristics:

1. Wisdom. The judge should have knowledge of the law and be able to apply it to the facts of the case.

2. Humility. The judge should realize that there are greater scholars and more learned judges than he.

3. Fear of the Lord. The judge should realize that he is judging persons created in the image of God and that he will have to account for his actions to the Supreme Judge.

4. Disdain for ill-gotten money. The judge should not only be relatively unconcerned with his own material wealth, but he should also in no manner or form think of the gain that he would realize by rendering a judgment in favor of one of the litigants.

5. Love for the truth. The judge should realize that in judging he is attempting to ascertain the true facts, because the truth (which is probably unattainable) is the goal of man.

6. Esteem of their fellow man. The judge should be such an exemplary person that both litigants will respect his decision.

7. A good reputation. The judge should be known in the community as the ideal person to adjudicate a lawsuit fairly and intelligently.

If the entire panel of judges does not collectively possess these characteristics to at least the degree that the community believes appropriate, then all proceedings before such Beth Din are a nullity, for there was no Beth Din present.

The characteristics described are those required for the judges of the Beth Din. Of course, the standards were more stringent for the judges of the Great Sanhedrin and of the Lesser Sanhedrin. Rambam sets forth many intellectual criteria, including the requirement that they have a knowledge of many secular disciplines so that they can judge such cases. They also had to possess certain physical traits so that would inspire the respect of the persons appearing before them. In addition, they had to be articulate in foreign language so as not to have to rely on interpreters (when questioning witnesses - PC). They also had to be understanding and sympathetic.

It is written that King Solomon's throne had six steps, as it is written "There were six steps to the throne" (1 Kings 10:19) In the section of the Torah dealing with the appointment of judges there are six applicable verses all found in Deuteronomy, end of chapter 16 and beginning of chapter 17:

1. "You shall not wrest judgment."
2. You shall not respect persons."
3. "Neither shall you take a gift."
4. "You shall not plant an ashera" [which is taken to mean that an unfit judge should not be appointed.]
5. "Neither shall you set up a pillar" [which also refers to appointing an unfit judge.]
6. "You shall not sacrifice to the Lord thy God an ox or a sheep containing a blemish" [this too deals with the judiciary because of the special punishment to be meted out by the judges].

A herald stood in front of King Solomon's throne, and as he ascended the first step to the throne to mete out justice, the herald pronounced the first verse "You shall not wrest judgment". The same procedure was followed as he mounted each step, so that by the time he reached the throne of judging, all the verses dealing with the appointment of an unfit judge were recited." (Midrash Rabbah: Deuteronomy 5:6)

If the wisest of all men needed a constant reminder how important it is to judge wisely, how much more do ordinary men need such a reminder when they are called upon to judge.

The subject matter of this lesson is more fully discussed in Vol. 1, Chapter 7 and 8, of A Restatement of Rabbinic Civil Law by E. Quint. (On sale at Pomeranz Book Store. Volumes ordered from Pomeranz can be inscribed by the author.)