In the beginning of Sefer Devarim, Moshe reminisces of the time when he appointed judges in order to decrease his own, impossible workload. While doing so, he relates the instructions that he gave to those judicial appointees at that time: to rule in a fair manner, to recognize that not only do our brothers deserve justice, but the stranger does, as well, not to show favoritism, and to listen to the lowly member of society just as you listen to others. One additional command given to them reads as follows: “Fear no man [lo taguru], for judgment is God’s” (Devarim 1:17).
The word “taguru” is unusual, as it appears in Humash just this one time. It appears in other books of the Bible meaning “fear,” as in: “Let all the earth fear the LORD; let all the inhabitants of the world dread [yaguru] Him” (Tehillim 33:8).
Three opinions appear in the Gemara (Sanhedrin 6b) in explanation of this phrase:
- Reish Lakish says: … But once you hear their statements and you know where the judgment is leaning, you may not say to them: I will not submit to your request to judge you, as it is stated: “You shall not be afraid before any man” (Devarim 1:17).
- Rabbi Yehoshua ben Korḥa says: From where is it derived that a student who is sitting before his teacher and he sees a point of merit for a poor person or liability for a wealthy person, from where is it derived that he should not be silent? As it is stated: “You shall not be afraid before any man”; he should fear neither his teacher nor the wealthy litigant.
- Rabbi Ḥanin says: The verse intimates: Do not suppress your statement before any man.
According to Resh Lakish, the command “Do not fear” teaches that a judge may not shrug off his obligation to rule in a given case. A judge has the right to refuse to serve as judge, but only before he begins to hear the case. Once the litigants have come before him and have set out their positions, he is part of the case and he has no choice but to rule.
The assumption at the heart of Resh Lakish’s explanation is that sometimes the judge will realize that he is uncomfortable with the ruling that he will have to give. It will be difficult for him to stand before the party who loses money because of his decision. Perhaps it is someone with whom he has a relationship, and he is nervous about how his ruling will affect that relationship. This is where the command “Do not fear any man” comes into play. A clear, honest ruling must be made, even if it makes the judge uncomfortable.
The Sifri describes this fear in concrete terms: Perhaps you will say: “I fear this man. Perhaps he will kill my son or set my field on fire.”
Concerns like these cannot push aside the truth.
According to Rabbi Yehoshua ben Korḥa, the command: “Do not fear” is not directed at the judge, but to his students, those who are watching the proceedings. In this situation they are not allowed to fear their teacher – even as they recognize his knowledge and greatness. They are obligated to object if they believe that their teacher is mistaken.
Rabbi Ḥanin takes this message in a different direction. According to his approach, this command is directed neither to the judges nor to their students. It is directed to every person: “Do not suppress your statement before any man.” This suggests that not only do we have freedom of speech, we have an obligation to speak. We are obligated to object when we see falsehood; we are obligated to take a stand and ensure that the truth comes out. The continuation of the pasuk: “for judgment is God’s” may sound like it is referring to a formal judgment, but according to Rabbi Ḥanin, justice does not end at the courtroom doorway. He believes that “judgment” refers to all decisions that are taken, to all positions and all explanations of a given event or phenomenon. “Do not suppress your statement before any man” means that it is imperative for every person to express his or her opinion even if it flies in the face of public opinion, even if he will be mocked and even if the truth will not be recognized or respected.
An alternative approach to this line appears in the midrash, basing itself on the end of the verse “for judgment is God’s.” God’s presence in judgment is essential.
“Fear no man”
Teaching that you may not say “I fear that person”… Therefore it teaches: “Fear no man.”
Why is this true? The reason is stated: “for judgment is God’s.”
And this is what Yehoshafat said to the judges who he placed in the Judean cities (2 Divrei HaYamim 19:6): “Consider what you are doing, for you judge not on behalf of man, but on behalf of the LORD, and He is with you when you pass judgment.”
(Midrash Tanna’aim Devarim Chapter 1).
The judges are God’s representatives, and since He is among the litigants, His presence obligates a fair and honest trial.
This midrash can be understood in another way, as well.
In his “A Treatise of Human Nature,” David Hume questions the basic assumption that a person can understand anything about the world, and argues that human beings are enveloped in the darkness created by their perceptions and desires:
“Our judgments concerning cause and effect are derived from habit and experience, and when we have become accustomed to see one object united to another, our imagination passes from the first to the second by a natural transition, which precedes reflection, and which cannot be prevented by it.”
Hume explains that “logical” connections (e.g. “there is no smoke without fire”) are based on conclusions that we reach based on previous knowledge, but we cannot be entirely certain that they are correct. He argues that when we drop a pen and we find it on the floor, we assume that it is the pen that we dropped. There is, however, no proof that this is the case. His skepticism relates not only to the realm of causation – it applies to everything that a person perceives with his senses. He raises the question as to whether and to what extent the things we see and experience as “existing” depend on our own vision of them. Hume raises doubts about the existence of virtually every single thing that we perceive as “existing” based on human recognition. His book broke fresh ground in understanding how the human mind works, clarifying that we are constantly screening reality – and truth – in an unconscious manner by means of our intellect.
The realization that man is prisoner to a concept, that he is biased, and that the human mind restricts him, is an idea that has spread in Jewish thought, as well:
Rabbi Aryeh Leib HaKohen, author of the Ketzot HaHoshen writes the following in his introduction to that work:
This is what causes a man to tremble
Fear that he will speak words of Torah that are untrue
Even as the human mind searches to grasp the truth.
With these words, the author of the Ketzot HaHoshen describes the holy trembling that he experienced, recognizing that the human mind prevents man from ever arriving at absolute Truth. In the context of ruling on matters of Jewish law or interpretations of the Torah, it is disturbing and paralyzing to realize that reaching Godly truth is impossible.
Perhaps this is what the Torah means when it says: “Fear no man, for judgment is God’s.” This verse comes to warn us that we must not fear the fact that we are mere mortals and that judgment belongs to God, because this will lead to paralysis and inaction. Man is obligated to accept the responsibilities of judgment; Man is obligated to make decisions.