"Do not recognize faces in judgement…Hear the small as the big…Do not be fearful
of a man because the ultimate judgement is G-d's…The matters that are difficult
for you bring to me and I will hear them." (Devarim 1:17)
And you shall discern from among the entire people, men of accomplishment, G-d
fearing people, men of truth, people who despise money, and you shall appoint
them leaders of thousands, leaders of hundreds, leaders of fifties, and leaders
of tens. They (the district courts) will judge the will judge the nation at all
times and the all the big matters they will bring to you and all the small
matters they will judge… and they will lighten the burden from upon you and
carry it with you. ( Shemos 18:21-22)
When Moshe reviews the account of his father in-law Yisro's advice in the last
of the five books the language of that excellent council was slightly altered.
Yisro spoke about matters "big" and "small" as determining whether they would be
dealt with by a lower court or Moshe himself. Moshe speaks about "hard" and
"easy" as the factors to be considered. What's the big difference?
A Yeshiva Rebbe was faced with two boys fighting over a dollar. Each claimant
seemed to have validity in his claim and yet it was unclear to whom the dollar
should go. The Rebbe decided to teach his students a real lesson. He called the
"Gadol HaDor" the great mind of the generation to help decide the case.
Reb Moshe Feinstein received three visitors one afternoon, the two contending
boys and their teacher. The boys presented their case before the greatest living
legal authority of the generation. He heard each side with great care and
questioned each with precision. After a thorough review of the facts of the
case, Reb Moshe consulted his books for a conclusion. A clear but difficult
decision was arrived at. Reb Moshe decided in favor of one of the boys and
awarded him the dollar. Everyone was thrilled for having had the opportunity to
spend time with such a great man. They had a sense that ultimate justice had
been served but, even still, the fellow who lost his legal grip on the dollar he
had claimed still felt the sting of the final judgment. As they were leaving, in
an act of superlative sensitivity and magnanimity, Reb Moshe reached into his
pocket and gave the one who had lost the case a dollar from his own pocket.
Everyone left with a dollar and a pocket full of lessons.
When Yisro gave his famous and wise advice, he spoke about easing Moshe's burden
by letting only the "big" cases through to Moshe. Only if a case involved large
claims should Moshe be bothered. Multi-national corporations' claims, large
mergers, major acquisitions, giant chapter eleven cases, anti-monopoly suits
would all go to the "big" man of the generation according to Yisro's thinking.
Later when Moshe reviews the subject, he makes a subtle and real adjustment.
"Big" and "small" are non-entities when determining the role of the "great" man.
It matters only if the situation is "hard". If the truth is discernable in a
huge court case and the law is clear then let the lower court make its own
decision. However, if the law is unclear, and a new precedent needs to be set or
a creative application of law then let the Gadol HaDor make that determination
even if it's a case of "small claims". Only when the truth is hard to arrive at
do we call in "the big gun".
The main focus of a judge should be truth. It matters not whether a case
involves big bucks or high profile personalities. The judges need to be blind to
all external factors. There is only one bottom line. Don't think for a moment
that Reb Moshe deliberated lightly because of the age of the boys or the
minuscule quantity of money at stake. The pursuit of truth on any scale or
at any age is no child’s game!
