The law concerning
he
Court and Judicial Procedure
210.
To appoint judges and officers in every community of Yisrael (Deut. 16: 18 Judge and officers shall
you appoint in all your cities, which YAHWEH, your El, gives you, for your
tribes; and they shall judge the people with righteous judgment.) (This command
teaches u This command teaches s that Torah requires the appointment of officers of the court, who would
have the responsibility to enforce the decisions of the judge, and would
circulate in the market place to enforce standards of honest measure).
227.
Not to appoint as a judge, a person who is not well versed in the laws
of the Torah, even if he is expert in other branches of knowledge (Deut. 1:17 You shall not show
favoritism in judgment, small or great alike shall you hear; you shall not
tremble before any man, for the judgment is YAHWEH’s; any matter that is too
difficult for you, you shall bring to me and I shall hear it.) (This command teaches
us that True justice can only
be applied by those who know Torah).
228.
To adjudicate cases of purchase and sale (Lev. 25:14 And if you sell anything
to your neighbor, or buy from your neighbor's hand, you shall not oppress one
another.) (This command
teaches us that when you make
a sale to your fellow. In addition to the simple meaning that it is forbidden
to cheat anyone in business, this verse has a further meaning that, in doing
business, one should give preference to a fellow Hebrew. When you make a sale
or when you makes a purchase, you should try to do business with your fellow
Hebrew. This is an extension of the general principle that one should seek to
help his brethren in any way possible. The highest form of charity is to enable
someone to make a living in an honorable way, without being required to seek
charity, so that the best way to help a
needy Hebrew is to do business with him. Do not aggrieve. This phrase
refers to business conduct. Do not act unjustly to one another)
229.
To judge cases of liability of a paid depositary (Exo 22:9 For every case of trespass, for ox, for ass,
for sheep, for clothing, for any kind of lost thing, which another claims to be his, the cause
of both parties shall come before the judges. Whom the judges shall condemn, he
shall pay double to his neighbor.) (This command teaches us that if the person is found guilty they must pay a double portion
for the crime.).
230.
To adjudicate cases of loss for
which a gratuitous borrower is liable (Ex. 22:13-14 If it is
torn in pieces, let him bring it for witness, and he shall not make good that which was torn. And if a man borrows from his neighbor, and
it is hurt, or dies, and the owner of it not with it, he shall surely make it good.) (This command teaches us that if the
bored animal is torn by a wild animal, this is considered an accident, provided
it would have been dangerous for the custodian to resist the attacking animal.
If there are not two witnesses he must be held responsible.)
231.
To adjudicate cases of inheritances (Num. 27:8-11 And you shall speak to
the sons of Yisrael, saying, When a man dies, and has no son, then you shall
cause his inheritance to pass to his daughter. And if he has no daughter, then
you shall give his inheritance to his brothers. And if he has no brothers, then you shall
give his inheritance to his father's brothers. And if his father has no
brothers, then you shall give his inheritance to his nearest relative, of his
family, and he shall possess it. And it shall be to the sons of Yisrael a statute
of judgment, as Jehovah commanded Moses. (This command teaches us that this
command begins to explain that if a father has no son, the inheritance may go
to the daughter. This similar to the leadership of Yisrael, if no qualified
male is available a woman will be ask. This is not YAHWEH Sovereign will but
His permissive will. This is also similar to the Levites taken over from the
first born, or the gentiles replacing Yisrael for a time).
232.
To judge cases of damage caused by an uncovered pit (Ex. 21:33-34 And if a man shall open a pit, or if
a man shall dig a pit, and not cover it, and an ox or an ass falls in it, the owner of the pit shall make it good and give silver to its owner.
And the dead shall be his.) (This command teaches us that the Torah forbids people to leave a dangerous condition in a public
place, whether it is an open pit or a slippery banana peel. This applies
whether the responsible party has created the danger by digging a pit. Further
more, legal ownership is not a factor, since no one owns a public thoroughfare,
but one is responsible if he created such a potential menace there.)
233.
To judge cases of injuries caused by beasts (Ex. 21:35-36 And in the
event the ox of a man damages the ox of a neighbor, so that it dies, then they
shall sell the living ox, and they shall divide the money of it. And they shall
also divide the dead ox. Or if
it is known that the ox has been apt to gore in time past, and his owner has
not kept him in, he shall surely pay ox for ox. And the dead shall be his own.) (This command
teaches us that it is unusual
for an animal to cause intentional damage. Consequently, as noted, if it is
established that an animal is aggressive, it is the owners responsibility to
guard that animals.)
234.
To adjudicate cases of damage caused by trespass of cattle (Ex. 22:4 If a man causes a field
or vineyard to be eaten, and shall put in his animal, and shall feed in another
man's field; he shall repay from the best of his own field, and the best of his
own vineyard.) (This command
teaches us that this verse
brief verse contains several major principles of liabilities for damage. It
includes two separate categories of damage in both of which the animals has no
intention to cause harm. They are: a, literally tooth, which refers to what an
animal eats and, by extension, any damage caused by an act it does for
pleasure, such as rubbing against a wall and toppling it in the process; and b,
literally foot which refers to damage that it causes in the course of walking
or any other normal activity. Since the verse specifies that the damage
occurred in someone else’s property, the some say that the owner is not
responsible if such damage occurred in a public area, where the animal has a
right to be and behave in its normal manner.
235.
To adjudicate cases of damage caused by fire (Ex. 22:5 If fire breaks out and
catches in thorns, so that the stacks of grain, or the standing grain, or the
field, is burned up, he who kindled the fire shall surely repay in full.) (This command
teaches us that one is responsible
to tend his fire, even if he set it permissibly in his own field; hence, he
must always pay for damages if it gets out of control. In addition to crops
being lost, the verse speaks of a field, this also implies if a fire swept
across an freshly plowed field and harden the soil he must pay to re-plow it.
This could also apply to gossip, if someone spread a rumor, that cause harm to
some one they are also liable.)
236.
To adjudicate cases of damage caused by a gratuitous depositary (Ex.
22:6-7 If
a man shall deliver to his neighbor silver or stuff to keep, and it is stolen
out of the man's house; if the thief is found, let him pay double. If the thief
is not found, then the master of the house shall be brought to the judges,
whether he has put his hand to his neighbor's goods.) (This law covers people who are entrust to
safeguard someone else’s property. If the cargo is lost, stolen or damaged, the
liability of the custodian varies according to whether he was compensated for
the task. An unpaid custodian is responsible only if he was negligent. A paid
custodian is expected to be more vigilant and therefore has more liability. He
is responsible for the lost of theft, unless the occurrence was beyond his
control and can be regarded as accidental. Therefore, if they claim that the
lost was one for which they are not liable, and they have no witnesses to
substantiate their claim, they are required to come to the court and swear that
their claim is true. They also must
swear that they had not used the item for themselves and that it is indeed not
in their possession. ).
237.
To adjudicate other cases
between a plaintiff and a defendant (Ex. 22:8 For every
case of trespass, for ox, for ass, for sheep, for clothing, for any kind of
lost thing, which another
claims to be his, the cause of both parties shall come before the judges. Whom
the judges shall condemn, he shall pay double to his neighbor). (This command
teaches us that after the
custodian swore that he was innocent, an a witness came and refuted his oath by
testifying against him, they must identify the item in his possession as the
one he swore was stolen. Thus the custodian become a thief, since he took
someone else’s property, defining his own act as theft and even swearing on it.
Consequently, he must not only return the item, but his restitution must
include the fine of a double payment of a common thief. Whom the judge finds guilty. This phrase
implies that even after the testimony of the witnesses, there is a possible that
the court may find someone else guilty of the theft. As in every court case,
the witnesses must be interrogated carefully by the judge and if it emerges
that they testified falsely and are engaged in the specific kind of conspiracy
describe in Deuteronomy 19:16-19 it is they who must make the double payment to
the custodian, whom they tried to wrong. )
238.
Not to curse a judge (Ex. 22:27 you shall not revile Elohim, and you shall not
curse a leader among your people)( This command teaches us that the word Elohim in this verse refers to
judges, as well as to El YAHWEH. Thus, although it is forbidden t curse anyone,
the Torah single out judges and leaders, because their responsibility to render
decisions and enforce judgments makes them vulnerable to the imprecations of
those whom they rule against).
239.
That one who possesses evidence shall testify in Court (Lev. 5:1 And if a soul sins and
hears the voice of swearing, and is
a witness, and he has seen or known, if he does not tell it, then he shall bear
his iniquity.)
(This
command teaches us that it is
incumbent on every believer to give evidence when they are witness to the
situation).
240.
Not to testify falsely (Ex. 20:13 you shall not bear false witness against your
fellow). (This command
teaches us that in addition to
its literal meaning of false testimony in court, this passage prohibits gossip
and slander.)
241.
That a witness, who has testified in a capital case, shall not lay down
the law in that particular case (Num. 35:30 Whoever kills any
person, the murderer shall be put to death by the mouth of witnesses. But one
witness shall not testify against any person to cause him to die.) (This command states the principle that the
death penalty for murder applies only when the crime is proved by the testimony
of more that one valid witnesses. This does not have to be human witnesses it
could include video, DNA, finger print, and tissue sample).
242.
That a transgressor shall not testify (Ex. 23:1 You shall not raise a
false report. Do not put your hand with the wicked to be an unrighteous
witness.) (This command teaches us that it is forbidden to believe
unverified gossip about another person. This applies both to an individual, who
is forbidden to listen to a dispute unless the second party is present. A
wicked one is a false witness, who needs a second witness , to corroborate his
testimony. It is also forbidden to testify with a disqualified witness is
forbidden to associate his testimony with a dishonest person).
243.
That the court shall not accept the testimony of a close relative of
the defendant in matters of capital punishment (Deut. 24:16 The fathers shall not be
put to death for the sons, neither shall the sons be put to death for the
fathers. Every man shall be put to death for his own sin. (This command
teaches us that the Torah
command that parent not to be killed or punished for the sins of their children
and vice versa. It is a common place for tyrant to punish or quell rebellion by
wiping out the families of those who were involved).
244.
Not to hear one of the parties to a suit in the absence of the other
party (Ex. 23:1 You shall not raise a false report. Do not put your hand
with the wicked to be an unrighteous witness.)( This command
teaches us that it is forbidden to believe unverified gossip about another
person. This applies both to an individual, who is forbidden to listen to a dispute unless the second
party is present.).
245.
To examine witnesses thoroughly (Deut. 13:15 then you
shall inquire and make search, and ask carefully. And behold, if it is true, and the thing is
certain, that such an abomination
is done among you.)
(This
command teaches us that You
shall seek out and investigate and inquire well. The court must inquire
carefully and examine the witness rigorously before arriving at its verdict.
This requirement to investigate applies to all cases before the court. In the
case of the redeemed community we should examine carefully those who wishes to
minister unto us).
246.
Not to decide a case on the evidence of a single witness (Deut. 19:15 One
witness shall not rise up against a man for any iniquity, or for any sin, in
any sin that he sins. At the mouth of two witnesses, or at the mouth of three
witnesses, shall the matter be made sure.) (This command
teaches us that the testimony
of a lone witness is not sufficient to cause one to suffer physical punishment,
such as the death penalty or lashes, to prove a monetary claim. However, a
single person, man or woman, is believed on whether something is permitted or
forbidden. In cases where a single witness testifies in favor of a claimant,
the respondent must take an oath that he is not liable; if he refuses to swear,
he must pay. Even in things of Torah
never establishes a doctrine base on one scripture.)
247.
To give the decision according to the majority, when there is a
difference of opinion among the members of the Sanhedrin as to matters of law
(Ex. 23:2
do not be the follower of the majority for evil.) (This command teaches us that a person must voice their opinion according
to his or her understanding of the law and the evidence; even if he is heavily
outnumber by others, he must not change his opinion to agree with the majority,
if he consider them to be mistaken or intentionally perverting the law. Today
is Christandom, there are more scripture to support Sabbath worship than to
support 1st day, yet they choose the latter).
248.
Not to decide, in capital cases, according to the view of the majority,
when those who are for condemnation exceed by one only, those who are for
acquittal (Ex. 23:2 Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after
many to wrest judgment:) (This command
teaches us that a judge should judge according to Torah and not
according to pier pressure. Not because the majority want 1st day
worship, does not mean that they are right).
249.
That, in capital cases, one who had argued for acquittal, shall not
later on argue for condemnation (Ex. 23:2 You shall
not follow a multitude to do evil. Neither shall you speak in a cause in order
to follow many in order to wrest judgment.)
(This command
teaches us that as Yahushua
require mercy, remember the woman caught in the act of adultery. She was guilty
of been stoned. However Yahushua said we also should seek mercy. The majority
in scripture is never right. The road to Heaven only a few follow).
250.
To treat parties in a litigation with equal impartiality (Lev. 19:15 You shall
do no unrighteousness in judgment.) (This command teaches us that the redeemed community should judge those who rules falsely
is guilty of a perversion of justice and what he has done is an abomination.
But if litigants deceive the judge by lying, they are responsible for the
perversion of justice that they will have caused. The redeem community should
practice to listen to both side of a story before making a judgment.)
251.
Not to render iniquitous decisions (Lev. 19:15 but you shall judge your neighbor in righteousness.). (This command
teaches us that the righteousness
is actions according to that outline in Torah. We cannot go beyond or ahead of
Torah.)
252.
Not to favor a great man when trying a case (Lev. 19:15 You shall
not respect the person of the poor, nor honor the person of the mighty;). (This command
teaches us that favoritism is
an act of the flesh. If a judge sees himself acting in such a manner, he or she
needs to examine themselves to see who or what dominates they thinking. The
Spirit of Wisdom will always give a judge the ability to act according to
Torah.)
253.
Not to take a bribe (Ex. 23:8 And you shall take no
bribe, for the bribe blinds the wise and perverts the words of the righteous.) (This command
teaches us that righteous men
does not do wicked things. Proverbs says that a
wicked man takes a bribe).
254.
Not to be afraid of a bad man, when trying a case (Deut. 1:17 You shall not respect
persons in judgment. You shall hear the small as well as the great. You shall
not be afraid of the face of man, for the judgment is God's. And the cause that is too hard for
you, bring to me, and I will hear it.) (This command teaches us that righteous
people do not show favoritism. The Kingdom of heaven only shows favoritism to
those who are obedient to Torah. A righteous judge is to enjoined to decide on
the issues before him, and ignore the personality. A just judge must treat
small and great alike. Not only are judges enjoined from letting fear sway
their judgment in favor of an influential party, they may not even excuse
themselves from influential party, they may not even excuse from a case. They
must recognize that they are agent of YAHWEH in administering justice, and
nothing but fear of Elohim may enter their deliberation. A judge may not rule
even if a litigant threatens him with bodily or financial harm.).
255.
Not to be moved in trying a case, by the poverty of one of the parties
(Ex. 23:3; Lev. 19:15 You shall do no unrighteousness in judgment. You
shall not respect the person of the poor, nor honor the person of the mighty; but you shall judge your neighbor in
righteousness.) (This command teaches us that a judge who rules falsely is guilty of a perversion of justice and
what he has done is an abomination. But if litigants deceive the judges by
lying, they are responsible for the perversion of justice that they will have
caused. A righteous person will never say since the rich man is obligated to
help the poor one, it is proper for a judge to rule in favor of the poor
litigant so that he will be supported in dignity. The Torah insists that
justice be rendered honestly; charity may not interfere with it.).
256.
Not to pervert the judgment of strangers or orphans (Deut. 24: 17“You shall not pervert
justice due the stranger or the fatherless, nor take a widow’s garment as a
pledge.) (This commandment stresses a familiar theme,
this passage stresses the admonition against taking advantage of vulnerable. It
closes by giving the explanation that lies at the root of many such
commandments. Righteous people who were once persecuted strangers must be
especially sensitive to the plight of the downtrodden).
257.
Not to pervert the judgment of a sinner (a person poor in fulfillment
of commandments) (Ex. 23: 6“You shall not pervert the judgment of your poor in his
dispute.) (This command
teaches us that We should not
change the law for those who are unable to fulfill them. Or for those who do
not understand the law.
258.
Not to render a decision on one's personal opinion, but only on the
evidence of two witnesses, who saw what actually occurred (Ex. 23: 7“Keep
yourself far from a false matter; do not kill the innocent and righteous. For I
will not justify the wicked.) (This command teaches us that while this has a physical application, in the spiritual we should
not make a doctrine on only one scripture, but on the understanding of two, let
every doctrine be established.
259.
Not to execute one guilty of a capital offense, before he has stood his
trial (Num. 35:12
They
shall be cities of refuge for you from the avenger, that the manslayer may not
die until he stands before the congregation in judgment.) (This command
teaches us that righteous
people do not condemn a person before they are found guilty, if this was so we
would be all dead by now. The redeem community should always give a person the
ability to speak before we past judgment. We all must give an account of every
word or deed we have done in our lives).
260.
To accept the rulings of every Supreme Court in Yisrael (Deut. 17:11 According to the
sentence of the law in which they instruct you, according to the judgment which
they tell you, you shall do; you shall not turn aside to the right hand or to
the left from the sentence which they pronounce upon you.) (This command
teaches us that righteous
people will accept the ruling of the court even if you are convinced they are
wrong, even if they seem to be telling you that right in left and left is
right. It is the respect of authority this commandment is dealing with).
261.
Not to rebel against the orders of the Court (Deut. 17:11 According to the
sentence of the law in which they instruct you, according to the judgment which
they tell you, you shall do; you shall not turn aside to the right hand or to
the left from the sentence which they pronounce upon you.) (This command
teaches us that One of the
greatest sin is rebellion against authority. Even if the authority is wrong).
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