Deuteronomy 19:17 - Truth stands before judges

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Hebrew Text

וְעָמְדוּ שְׁנֵי־הָאֲנָשִׁים אֲשֶׁר־לָהֶם הָרִיב לִפְנֵי יְהוָה לִפְנֵי הַכֹּהֲנִים וְהַשֹּׁפְטִים אֲשֶׁר יִהְיוּ בַּיָּמִים הָהֵם׃

English Translation

then both the men, between whom is the controversy, shall stand before the Lord, before the priests and the judges, who shall be in those days;

Transliteration

Ve'amdu shnei-ha'anashim asher-lahem hariv lifnei Adonai lifnei hakohanim vehashoftim asher yihyu bayamim hahem.

Hebrew Leining Text

וְעָמְד֧וּ שְׁנֵֽי־הָאֲנָשִׁ֛ים אֲשֶׁר־לָהֶ֥ם הָרִ֖יב לִפְנֵ֣י יְהֹוָ֑ה לִפְנֵ֤י הַכֹּֽהֲנִים֙ וְהַשֹּׁ֣פְטִ֔ים אֲשֶׁ֥ר יִהְי֖וּ בַּיָּמִ֥ים הָהֵֽם׃

Parasha Commentary

Context and Overview

The verse (Devarim 19:17) describes the procedure for resolving disputes between individuals in a Jewish court (Beit Din). The Torah mandates that both parties must present themselves before the kohanim (priests) and shoftim (judges) who serve in that generation. This emphasizes the importance of seeking justice through the proper halachic authorities.

Rashi's Explanation

Rashi (Devarim 19:17) clarifies that the phrase "before the Lord" refers to standing before the Sanhedrin, which convened in the Lishkat HaGazit (Chamber of Hewn Stone) in the Beit HaMikdash—a place of Divine presence. The judges must be those "who shall be in those days", meaning we are obligated to follow the rulings of the contemporary sages, even if they seem lesser in stature compared to earlier generations (see Rambam, Hilchot Mamrim 1:1-2).

Role of the Kohanim and Judges

Kohanim: The priests were often Torah scholars and served as judges, particularly in matters requiring urim v'tumim or other sacred duties (Rambam, Hilchot Sanhedrin 4:13).
Judges: The shoftim were Torah scholars appointed to adjudicate based on halacha. The Talmud (Sanhedrin 8a) explains that disputes must be resolved by qualified judges, not through personal arbitration.

Midrashic Insight

The Midrash (Sifrei Devarim 190) teaches that the phrase "who shall be in those days" implies that one must respect the authority of the judges of their time, rather than dismissing them by claiming, "If only we had judges like Moshe or Aharon!" This reinforces the principle of lo tasur (not deviating from the rulings of the sages, Devarim 17:11).

Halachic Implications

The Rambam (Hilchot Sanhedrin 1:1) derives from this verse that disputes must be brought before a proper Beit Din of qualified judges. Private settlements or secular courts are prohibited (chok l'Yisrael). The Shulchan Aruch (Choshen Mishpat 1:1) codifies this as binding halacha.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 2a

The verse is referenced in the discussion about the authority and jurisdiction of judges in different eras.

📖 Rosh Hashanah 25b

The verse is cited in the context of discussing the qualifications and roles of judges and priests in legal matters.

Frequently Asked Questions

Q: What does Deuteronomy 19:17 mean?
A: Deuteronomy 19:17 describes the process for resolving disputes in Jewish law. When two people have a disagreement, they must present their case before the priests and judges who serve at that time. This verse emphasizes the importance of seeking justice through proper Torah-based legal channels, as explained by Rashi and the Talmud (Sanhedrin).

Q: Why is standing before judges important in this verse?
A: Standing before judges shows respect for the judicial process and acknowledges that true justice comes from following Torah law. The Rambam (Hilchot Sanhedrin) teaches that Jewish courts represent divine justice, and appearing before them demonstrates submission to Hashem's system of law.

Q: What can we learn from 'the judges who shall be in those days'?
A: The phrase 'judges who shall be in those days' teaches that we must respect the Torah authorities of our generation, even if they seem less great than previous generations. As the Talmud says (Rosh Hashanah 25b), 'You have only the judges of your time' - we must follow the halachic rulings of contemporary sages.

Q: How does this verse apply to disputes today?
A: This verse establishes the principle that Jewish disputes should be resolved through Beit Din (Jewish courts) rather than secular courts. The Shulchan Aruch (Choshen Mishpat) elaborates on this requirement, explaining that taking disputes before non-Jewish courts violates Torah law except in specific circumstances.

Q: Why are priests mentioned together with judges in this verse?
A: The priests (kohanim) are mentioned because in Temple times, certain cases were brought before the priests who served in the Temple. Rashi explains that this refers to the Great Sanhedrin which convened in the Temple area, showing the connection between Torah law and divine service.