publications_unodc_commentary-e

Jewish LawThe following is an extract from Mishneh Torah 72 , the work of Moses Maimonides,an outstanding Jewish scholar (A.D. 1135-1205).1. The Divine Presence dwells in the midst of any competent Jewishtribunal. Therefore it behoves the judges to sit in courtenwrapped (in fringed robes) in a state of fear and reverence andin a serious frame of mind. They are forbidden to behavefrivolously, to jest, or to engage in idle talk. They shouldconcentrate their minds on matters of torah and wisdom.2. A Sanhedrin, or king . . . , who appoints to the office of judge onewho is unfit for it (on moral grounds), or one whose knowledgeof the torah is inadequate to entitle him to the office, though thelatter is otherwise a lovable person, possessing admirablequalities – whoever makes such an appointment transgresses anegative command, for it is said: “You shall not respect personsin judgment”. It is learned by tradition that this exhortation isaddressed to one who is empowered to appoint judges.Said the rabbis: “Say not, ‘So-and-So is a handsome man, I willmake him a judge: So-and-So is a man of valor, I will make him ajudge: So-and-So is related to me, I will make him a judge: Soand-Sois a linguist, I will make him a judge.’ If you do it he willacquit the guilty and condemn the innocent, not because he iswicked, but because he is lacking in knowledge.”3. It is forbidden to rise before a judge who procured the office heholds by paying for it. The rabbis bid us slight and despise him,regarding the judicial robe in which he is enwrapped as thepacksaddle of an ass.ChristianityIn the Bible, Exodus 1.14 refers to people pointing a finger of scorn at a judge whohas gone astray:Who made thee a prince and a judge over us?72 I. Twersky (ed.), A Maimonides Reader (Behram House Inc., 1972), pp. 193-194, cited inWeeramantry, An Invitation to the Law, pp. 257-258.153