Yechiel Michel Epstein

“ Even if the judge chooses to give regardless of the case's outcome it is still considered within his personal interest. Similarly, when a tax is levied on the community as a group no one within the city can act as judge in a case regarding tax payments, as that outcome might affect them or their family members. If the tax is of a specific nature such that part of the community can pay their portion and be done with their responsibility, not being affected by the case's outcome at all, people from that group can act as judge. ”

“ Similarly one cannot judge on a case where he is negatively disposed to one of the litigants, even if it is not to the extent that he holds enmity towards him. Obviously, this warning is not speaking about wicked behavior like purposely distorting the law to favor one side. The concern here is that a person’s feelings may blind his ability to properly determine the faults or merits of those before him. ”

“ A dissenting opinion argues that thirteen is the minimum age, even if the individual does not show signs of puberty (lit. two hairs) , since the true criteria for a judge is his knowledge of the legal codes and acumen in applying them, not his physical strength. In addition, the Torah does not define a judge as 'a man' in any verse. Regardless, one less than thirteen is not considered to have any status of an adult in any area of Jewish law and his appointment would certainly be invalid. ”

“ If he unequivocally removes himself form the possible benefit, he is allowed to act as judge. For example, if a synagogue had their Torah scroll stolen a judge from that synagogue cannot sit on the trial, unless the synagogue has another Torah scroll, in which case it is not considered a personal interest, and the judge does not have to remove himself from the synagogue, though they had two before. ”

“ Shmos 18.21 - When speaking of appointing judges in Parshas Yisro it states “Men of strength”, which is defined as one who controls his desires, as well as the more literal meaning of one who is strong-hearted and saves the oppressed from their oppressors, as Moshe exhibits in the same parsha: “And Moshe rose and saved the daughters of Yisro.” This ability would engender the person with a good reputation as well. ”

“ If he continues to pray in the synagogue embroiled in the dispute, it does not matter that there are others in the city he could go to, he is still invalid to judge this case out of personal interest [Sefer Mi’eros Anayim] . Truthfully, in order for this man to act as judge everyone in the city must be able to pray in a different synagogue, for if the other synagogue (s) is too small for the displaced people a new one will have to be built, and the community can force everyone to pay their part, including the judge. ”

“ Section 1 In general, all Jewish individuals are allowed to be judges, although there are exceptions. Due to a decree of the Torah from the verse "Place upon yourselves...from among your brothers...” a convert cannot be appointed a communal judge with jurisdictional authority (to force the appearance of litigants before the court) . This verse is the source of an accepted oral law that all official government appointments, including that of a judge in an official communal court, cannot be a convert. ”

“ Section 10 The above is not true when one of the litigants is a true, close friend, whom he loves as his own soul, or an enemy he truly reviles and seeks his detriment, for example one he hasn’t spoken to in three days despite being in his presence due to his hatred of him. ”