Talmud Bavli
Talmud Bavli

Musar for Sanhedrin 12:32

Shenei Luchot HaBerit

בצדק תשפוט את עמיתך . The moral lesson here is that you should employ the weapon of צדקה, charity, to ensure that your fellow (especially if he is poor), should not become guilty of theft and have to be judged, i.e. משפט. We have an example of David who is reputed to have paid the penalty of people he convicted when he found that they did not have the means to pay the judgment. This is another aspect of "judging with righteousness" (19,15).
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Shenei Luchot HaBerit

The fourth of Yitro's requirements, that they be שונאי בצע, abhor unjust gain, refers to a quality such as demonstrated by David who is described as performing "justice and charity simultaneously." (Samuel II 8,15) It says there: ויהי דוד עושה משפט וצדקה, and the Talmud in Sanhedrin 6 on that verse explains that David first handed down a verdict based on justice. When he found the convicted party too poor to pay the judgment he would pay the judgment out of his own pocket. The reason he did so was that he was afraid that he might have erred and then the convicted litigant would certainly not be able to walk away happy from Court, as we had stated earlier that he should. Midrash Shemuel, commenting on Psalms 119,121, in which David is reported as having prayed: “עשיתי משפט וצדקה, אל תניחני לעושק," "I have performed justice and charity, do not hand me over to the oppressor," explains that David prayed that his charitable nature should not be taken advantage of by those wicked ones who knew him.
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