Post by Mark on Aug 20, 2009 3:48:34 GMT -8
The idea of show-fat (the singular verb form of shof-tim (which is translated "judges")) is to lay out or to lay open. It is lay out a blanket on the ground and dump all the contents of one’s pockets and consider, "Let’s see what we’ve got." The purpose of the shoftim, is not to determine a moral priority: to weigh in the balance which is the more equitable. He is to consider all the elements of an argument or dispute and determine where the pieces fit in alignment with
. This perspective make his position less like the guidance counselor and more like the auto mechanic. He lays out all the bolts, screws, nuts and parts and considers what will fit in order to make the thing run like it’s supposed to run.No judge was ever to judge alone. This is based upon the command that "judges and officers you shall place at your city gates." This is interpreted in Ethics of our Fathers that "no one can judge alone except the One." (Ethics 4:8).
This is confusing because in the book of Judges, the Lord raised up individuals to judge (shofat) over the house of Israel. (Judges 2:18-19)
Monetary disputes were decided by three judges. Capital offenses were decided by a panel of 23 justices (a mini-Sanhedrin). The case would be heard by all and the panel of judges would divide between defense and prosecution. If the entire panel sided with the defense, the accused would go free. If the entire panel sided with the prosecution, the accused would also go free because evidence could never be so overwhelming that there could be no shred of doubt- it would be considered an unfair trial. The panel would argue the case until all members joined one side or the other. A simple majority could exonerate the accused while it was necessary for the majority plus one to declare guilt.
