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“Judges and officers shall you appoint.” (16:18)

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Whichever title we choose to apply – judge, leader, rav – the spiritual leader and arbiter of Jewish Law has to fulfill certain criteria. Thorough knowledge of the law is only one; it’s the beginning of the many attributes he must possess. The Yerushalmi in Meseches Sanhedrin 1:4 details some of the other virtues inherent in a dayan who sits on the Bais Din situated on Har HaBayis: chacham, wise; anav, humble; shafui, modest, deferring to those greater than he; ayin tovah, benevolent eye; nefesh shfalah, humble spirited; ruach nemuchah, lowly/humble spirit – patient; lev tov, good heart; yetzer tov, good natured, always seeks to do good; and chelek tov, seeks to have a chelek, portion, in every good activity.

It is understandable that a shofet Yisrael must be a chacham, wise and erudite, but all of these additional attributes do not seem essential for arbitration of Jewish Law. Horav Avraham Kilav, Shlita, suggests that there are really only four criteria, as some are duplicates of the others. Shafui and anivus are two forms of humility. The anav is humble in regard to himself.  He distances himself from unnecessary honor, always seeking to underplay himself. The shafui is one who simultaneously seeks to glorify others. He “bends,” deferring to those who are greater than he.

The ayin tovah is one who enjoys sharing with and giving to others, while the nefesh shfalah, humble spirited, indicates that he feels undeserving of what he possesses, understanding that it is all a gift. The ruach nemuchah, lowly/humble spirit, coupled with the lev tov, good heart, defines a personality that is calm, lenient, persevering, who does not succumb to anger or scorn. The yetzer tov is the opposite of the yetzer hara; one who possesses a good inclination always seeks to do good. Together with the trait of the chelek tov, we have an individual who is caring, sharing and perpetually seeking to do good.

Chazal also add that a judge must be compassionate. If he is subject to a condition that might predispose him to have a somewhat cruel nature, he is disqualified from serving as a dayan.

What do we derive from all these criteria? Is the judge not supposed to render Torah Law – not his own personal feelings? There is, however, a concept of shikul ha’daas, the ability to think something through properly, correctly, without prejudice or preconceived notion. For this type of thought process, the dayan must be the paragon of ethical thought and behavior. While I am specifically referring to the dayan, the idea applies equally to anyone who stands at the spiritual helm of Klal Yisrael.

Rav Kilav comments that the Sanhedrin HaGedolah, which was the primary source for promulgating Jewish Law throughout the nation, was comprised primarily of Kohanim and Leviim. He suggests that this is due to the extreme nature of their personalities. The Kohanim are baalei chesed, purveyors of kindness, as they are the descendants of Aharon HaKohen who exemplified the concept of o’haiv shalom v’rodef shalom, he who loves  peace and pursues peace. The Leviim, on the other hand, were stern, adhering to middas ha’Din, strict justice, to the letter of the law. These two extremes worked in consonance with one another, so that Halachah would emanate from the Sanhedrin in a manner that reflected both justice and compassion, both integrity and sensitivity.

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