Be Deliberate in Judgment: Wisdom, Patience, and Truth in Jewish Law

“And these are the laws that you shall place before them: When you acquire a Hebrew servant, he shall serve for six years, and in the seventh he shall go free, without payment” (Shemot 21:1–2).

Our sages expounded (Sanhedrin 7b), in the teaching of Bar Kappara: From where do the Sages derive what they taught in Pirkei Avot (1:1), “Be deliberate in judgment”? As it is written, “You shall not ascend My altar by steps” (Shemot 20:23), and immediately afterward it is written, “And these are the laws that you shall place before them” (Shemot 21:1).

A judge must proceed step by step, with humility and restraint, judging with great deliberation. There are judges into whom a sense of honor enters, and as a result they rush to issue rulings, and err.

Praiseworthy Is the Judge Who Delays Judgment

On the verse, “Learn to do good; seek justice; strengthen the wronged; judge the orphan; plead the cause of the widow” (Yeshayahu 1:17), our sages taught (Sanhedrin 35a): Fortunate is the judge who “leavens” his judgment — who delays it and lets it rest overnight in order to bring it to its truth.

As Rashi explains, the judge examines and weighs all sides, and thus merits to issue a judgment that is true in the deepest sense.

A Story of the Gaon of Vilna: Asking the Right Question

A story is told that once a wagon driver came to the study hall of the Gaon of Vilna and asked, “I am a priest; am I permitted to take a divorced woman?”

The students assumed he meant marriage and immediately rejected the idea, citing the explicit verse: “A woman divorced from her husband they shall not take” (Vayikra 21:7).

When the Gaon of Vilna later heard of this, he instructed that the wagon driver be brought back.

“What exactly did you ask?” the Gaon inquired.

“I asked whether I may take a divorced woman,” replied the wagon driver.

“Where do you want to take her — within the city or outside it?” asked the Gaon.

“Within the city,” the wagon driver answered.

“If it is within the city, it is permitted,” said the Gaon. “There is no issue of seclusion.”

The students had assumed the obvious and rushed to judgment. The Gaon, however, discerned the true nature of the question: not marriage, but whether transporting a divorced woman in a wagon raised concerns of seclusion. His careful listening led to the correct ruling.

Rabbi Yehoshua Leib Diskin: Truth Through Precision

A similar story is told about Rabbi Yehoshua Leib Diskin, who was said to possess extraordinary insight. Once, when asked how many leaves were on a particular tree, he answered precisely. When several leaves were removed and he was asked again, he replied, “As before — minus five.”

On another occasion, two neighbors came before him in dispute. One accused the other of stealing her laundry. After examining a washed blanket carefully, Rabbi Diskin ruled decisively, noting a missing identifying mark that proved ownership.

Through such careful observation and insight, the sages of Israel merited to issue judgments that were true in the fullest sense, rooted in their total devotion to Torah and their deep attachment to God.

The Fifth Section of the Shulchan Aruch: Human Judgment

Beyond the four sections of the Shulchan Aruch in which every judge must be expert, there is also a “fifth section”: the judge’s own discernment, including reason, wisdom, and practical understanding. As the Talmud states, “If you have acquired understanding, what do you lack?” (Nedarim 41a).

A judge must read the full picture from the details before him.

Rabbi Yosef Shaul Nathanson and the Missing Section

Rabbi Yosef Shaul Nathanson (1810–1875), one of the great halachic authorities and author of Sho’el U’Meishiv, once examined a young scholar seeking ordination as a judge. The candidate demonstrated mastery of all sections of the Shulchan Aruch.

At the end of the examination, Rabbi Nathanson asked, “Are you familiar with the fifth section of the Shulchan Aruch?”

The scholar was astonished; he had never heard of such a section.

With a smile, the rabbi explained: “The fifth section is the judge himself. After mastering the law, one must know how to apply it wisely. Many cases appear simple, but upon investigation prove otherwise. At that moment, the judge must activate his wisdom to bring the ruling to its proper truth.”

Judgment in the Truest Sense

Throughout the generations, the sages of Israel sought, with great wisdom and creativity, to issue judgments that were true in the deepest sense and to rescue the oppressed from their oppressors.

May it be the will that we merit to do His will as He desires, and may we soon witness the complete redemption of Israel. Amen.