שמע בין אחיכם ושפטתם צדק בין איש ובין אחיו ובין גרו (א-טז)
At a first glance, the word שָמֹעַ would seem superfluous. Obviously, in order to pronounce a verdict the judge must hear the litigants’ arguments. What is the chiddush of the word שָמֹעַ? The mechaber of sefer Afikei Yam writes the following explanation: Halacha states that a dayan shouldn’t look at the faces of the balei din before him, so as not to become influenced (positively or negatively) by their affluence or social status. Thus the posuk says שָמֹעַ, hear their respective sides, but do not look at them. (He adds, Chazal in Sota 47b teach us that משרבו רואי פנים בדין, בטל לא תגורו. He explains this to mean when the judges began to consistently look at the parties involved, they became lax in the אזהרה of לא תגורו. Do not fear the people.)
It is possible to suggest another pshat on the extra word שָמֹעַ. When two sides come to the dayan, it’s not sufficient for the Rov to simply hear the words they are verbalizing. One must also “hear” their feelings; delve into what’s really going on and what’s driving this conflict. Hear the בין אחיכם, the between the lines. When a dayan does that, it’ll be easier for him to placate them, negotiate an acceptable pshara, and reach a just verdict of ושפטתם צדק - a more meritorious psak. R’ Yisroel Salanter zt”l teaches that each of us is a dayan - judging and paskening for ourselves and our families. According to the above, we must bear in mind that machshava. When those inevitable moments of domestic conflict arise, “hear” - listen to what’s really troubling them. With that realization it will be much easier to resolve the matter as you’ll be getting to the root cause of the issue.
Chazal in Bava Metzia teach us that Yerushalayim was destroyed על שהעמידן על הדין and not לפנים משורת הדין. People interacted with each other very superficially. Had they searched a bit deeper, they’d have understood the other person’s feelings, validated them and reached an agreement - לפנים משורת הדין. Let us all try to improve our relationships by promoting achdus, which will no doubt help serve as a catalyst, thisשבת חזון , for an end to this long golus. ציון במשפט תפדה, ושביה בצדקה
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