To not hear the claim of a litigant when it is not in front of his fellow litigant: That the judge not hear the claim of one, not in front of his adversary, as it is stated (Exodus 23:1), “You shall not raise a false report.” And the reason is because people will speak idle words when not in front of their adversary. And the judge is commanded about this so that he not bring the untruths of one of them into his soul. And so does Mekhilta DeRabbi Yishmael 23:1 come [to tell us] that this warning of “You shall not raise, etc.” is said about this. And they also said there that it is also a warning to the litigant, for him too, not to make his claims to the judge not in front of his adversary, and even if the judge wants to hear it. And about this, it is also said (Exodus 23:7), “From a false matter, distance yourself.” And they, may their memory be blessed, also said (Makkot 23a) that this negative commandment includes telling evil speech, and accepting it, and giving false testimony.
The root of this commandment is well-known, as falsehood is abominable and vile in the eyes of all. There is nothing more disgusting than it, and malediction and curse are in the house of its lovers. [This is] because God, may He be blessed, is a truthful God, and everything that is with Him is true. And blessing is only found and resting upon those that make themselves similar to Him in their deeds: to be truthful, like He is truthful; to be merciful, like He is merciful; and to be purveyors of kindness, like He is of great kindness. But [regarding] anyone whose deeds are the opposite of His good traits and are masters of falsehood — which is exactly the opposite of His traits — the opposite of His traits will similarly always rest upon them. And the opposite of the trait of blessing which is with Him is malediction and curse; and the opposite of joy and peace and enjoyment which are with Him is worry, strife and pain. All of these are the “evildoer’s portion from God.” And therefore the Torah warned us to distance ourselves much from falsehood, as it is written, “From a false matter, distance yourself,” And behold, it used an expression of distancing, due to it being very disgusting; something it did not mention in all the other warnings. And from the side of distancing, it warned us not to bend our ears at all to anything that is considered falsehood — and even if we do not know with certainty that it is a false matter. And [this is] similar to what they, may their memory be blessed, said (Chullin 44b), “Distance yourself from what is ugly, and from what is similar to it.” And in my saying, “the traits of the Holy One, blessed be He,” I am pulled after the words of our Rabbis, may their memory be blessed, who related to Him, may He be blessed, the name of traits according to the side of those receiving them (people). But to Him, may He be blessed, from His side — in His greatness and His uniqueness — one cannot ascribe traits. As He and His wisdom and His will and His power and His traits are [all] one, without any combination or division in the world.
From the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 30b) that any judge who knows about a case that it is rigged, that he is obligated to remove himself from it, and not say, “I will conclude it and the chain will be around the neck of the [lying] witnesses”; and the great praises with which the Sages praised the seeking of truth and the distancing of falsehood in judgment. And the rest of its many details — are elucidated in Sanhedrin and also in the Midrash. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 25.)
And [it] is practiced in every place and at all times by males, but not by females, since they do not judge. And hence they are not included in this warning, not to accept the claim of one litigant not in front of his adversary. Nonetheless, they are included in this negative commandment, that they should not make their claims to the judge not in front of the adversary. And so [too,] they are warned to distance themselves from all falsehood, like men. And behold, one who transgresses it is like he violates the commandment of the King. But we do not administer lashes for this negative commandment, as there is no act [involved] with it.
שֶׁלֹּא לִשְׁמֹעַ טַעֲנַת בַּעַל דִּין שֶׁלֹּא בִּפְנֵי בַּעַל דִּין חֲבֵרוֹ – שֶׁלֹּא יִשְׁמַע הַדַּיָּן טַעֲנַת הָאֶחָד שֶׁלֹּא בִּפְנֵי בַּעַל דִּינוֹ, שֶׁנֶּאֱמַר (שמות כג א) לֹא תִשָּׂא שֵׁמַע שָׁוְא. וְהַטַּעַם לְפִי שֶׁבְּנֵי אָדָם יְדַבְּרוּ דִּבְרֵי שָׁוְא שֶׁלֹּא בִּפְנֵי בַּעַל דִּינָם, וְצִוָּה הַדַּיָּן עַל זֶה כְּדֵי שֶׁלֹּא יַכְנִיס בְּנַפְשׁוֹ כְּזָבָיו שֶׁל אֶחָד מֵהֶם. וְכֵן בָּא בַּמְּכִילְתָּא (שם) שֶׁאַזְהָרָה זוֹ שֶׁל לֹא תִשָּׂא וְגוֹ', עַל זֶה נֶאֶמְרָה. וְעוֹד אָמְרוּ שָׁם, שֶׁהִיא אַזְהָרָה גַּם לְבַעַל הַדִּין שֶׁלֹּא יִטְעַן גַּם הוּא טַעֲנוֹתָיו לַדַּיָּן שֶׁלֹּא בִּפְנֵי בַּעַל דִּינוֹ, וַאֲפִלּוּ יִרְצֶה לִשְׁמֹעַ אוֹתָן הַדַּיָּן, וְעַל זֶה נֶאֱמַר גַּם כֵּן (שם ז) מִדְּבַר שֶׁקֶר תִּרְחָק. וְעוֹד אָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות כג א) שֶׁזֶּה הַלָּאו כּוֹלֵל מְסַפֵּר לָשׁוֹן הָרַע, וּמְקַבְּלוֹ, וּמֵעִיד עֵדוּת שֶׁקֶר.
To not hear the claim of a litigant when it is not in front of his fellow litigant: That the judge not hear the claim of one, not in front of his adversary, as it is stated (Exodus 23:1), “You shall not raise a false report.” And the reason is because people will speak idle words when not in front of their adversary. And the judge is commanded about this so that he not bring the untruths of one of them into his soul. And so does Mekhilta DeRabbi Yishmael 23:1 come [to tell us] that this warning of “You shall not raise, etc.” is said about this. And they also said there that it is also a warning to the litigant, for him too, not to make his claims to the judge not in front of his adversary, and even if the judge wants to hear it. And about this, it is also said (Exodus 23:7), “From a false matter, distance yourself.” And they, may their memory be blessed, also said (Makkot 23a) that this negative commandment includes telling evil speech, and accepting it, and giving false testimony.
שֹׁרֶשׁ הַמִּצְוָה יָדוּעַ, כִּי הַשֶּׁקֶר נִתְעָב וְנֶאֱלָח בְּעֵינֵי הַכֹּל, אֵין דָּבָר מָאוּס מִמֶּנּוּ, וְהַמְּאֵרָה וְהַקְּלָלָה בְּבֵית כָּל אוֹהֲבָיו, מִפְּנֵי שֶׁהַשֵּׁם יִתְבָּרַךְ אֵל אֱמֶת וְכָל אֲשֶׁר אִתּוֹ אֱמֶת, וְאֵין הַבְּרָכָה מְצוּיָה וְחָלָה אֶלָּא בַּמִּתְדַּמִּים אֵלָיו בְּמַעֲשֵׂיהֶם, לִהְיוֹתָם אֲמִתִּיִּים כְּמוֹ שֶׁהוּא אֵל אֱמֶת, וְלִהְיוֹתָם מְרַחֲמִים כְּמוֹ שֶׁיָּדוּעַ שֶׁהוּא רַחוּם, וְלִהְיוֹתָם גּוֹמְלֵי חֲסָדִים כְּמוֹ שֶׁהוּא רַב הַחֶסֶד. אֲבָל כָּל מִי שֶׁמַּעֲשָׂיו בְּהֵפֶךְ מִדּוֹתָיו הַטּוֹבוֹת וְהֵם בַּעֲלֵי הַשֶּׁקֶר שֶׁהֵם בְּהֶפֶךְ מִדּוֹתָיו מַמָּשׁ, כְּמוֹ כֵן תָּנוּחַ עֲלֵיהֶם לְעוֹלָם מָה שֶׁהוּא הֵפֶךְ מִדּוֹתָיו, וְהֵפֶךְ מִדַּת הַבְּרָכָה שֶׁהִיא בּוֹ הִיא הַמְּאֵרָה וְהַקְּלָלָה, וְהֵפֶךְ הַשִּׂמְחָה וְהַשָּׁלוֹם וְהַתַּעֲנוּג שֶׁהֵם אִתּוֹ, הוּא הַדְּאָגָה וְהַקְּטָטָה וְהַצַּעַר, כָּל אֵלֶּה (איוב כ כט) חֵלֶק אָדָם רָשָׁע מֵאֱלֹהִים. וְעַל כֵּן הִזְהִירַתְנוּ הַתּוֹרָה לְהַרְחִיק מִן הַשֶּׁקֶר הַרְבֵּה כְּמוֹ שֶׁכָּתוּב מִדְּבַר שֶׁקֶר תִּרְחָק. וְהִנֵּה הִזְכִּירָה בּוֹ לָשׁוֹן רִחוּק לְרֹב מֵאוּסוֹ מָה שֶׁלֹּא הִזְכִּירָה כֵּן בְּכָל שְׁאָר הָאַזְהָרוֹת. וּמִצַּד הָרִחוּק הִזְהִירַתְנוּ שֶׁלֹּא נַטֶּה אָזְנֵנוּ כְּלָל לְשׁוּם דָּבָר שֶׁנֶּחְשָׁב שֶׁהוּא שֶׁקֶר, וְאַף עַל פִּי שֶׁאֵין אָנוּ יוֹדְעִין בְּבֵרוּר שֶׁיְּהֵא אוֹתוֹ הַדָּבָר שֶׁקֶר, וּכְעֵין מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (חולין מד ב) הַרְחֵק מִן הַכִּעוּר וּמִן הַדּוֹמֶה לוֹ. וּבְאָמְרִי מִדּוֹת בְּהַקָּדוֹשׁ בָּרוּךְ הוּא, אֲנִי נִמְשָׁךְ בַּדָּבָר אַחֵר דִּבְרֵי רַבּוֹתֵינוּ ז"ל שֶׁיִּחֲסוּ אֵלָיו בָּרוּךְ הוּא שֵׁם מִדּוֹת עַל צַד הַמְקַבְּלִים, אֲבָל הוּא בָּרוּךְ הוּא לְגָדְלוֹ וְיִחוּדוֹ מִצַּד עַצְמוֹ אֵין לְיַחֵס אֵלָיו מִדּוֹת, כִּי הוּא וְחָכְמָתוֹ וְחֶפְצוֹ וִיכָלְתּוֹ וּמִדּוֹתָיו אֶחָד בְּלִי שׁוּם שִׁתּוּף וּפֵרוּד בָּעוֹלָם.
The root of this commandment is well-known, as falsehood is abominable and vile in the eyes of all. There is nothing more disgusting than it, and malediction and curse are in the house of its lovers. [This is] because God, may He be blessed, is a truthful God, and everything that is with Him is true. And blessing is only found and resting upon those that make themselves similar to Him in their deeds: to be truthful, like He is truthful; to be merciful, like He is merciful; and to be purveyors of kindness, like He is of great kindness. But [regarding] anyone whose deeds are the opposite of His good traits and are masters of falsehood — which is exactly the opposite of His traits — the opposite of His traits will similarly always rest upon them. And the opposite of the trait of blessing which is with Him is malediction and curse; and the opposite of joy and peace and enjoyment which are with Him is worry, strife and pain. All of these are the “evildoer’s portion from God.” And therefore the Torah warned us to distance ourselves much from falsehood, as it is written, “From a false matter, distance yourself,” And behold, it used an expression of distancing, due to it being very disgusting; something it did not mention in all the other warnings. And from the side of distancing, it warned us not to bend our ears at all to anything that is considered falsehood — and even if we do not know with certainty that it is a false matter. And [this is] similar to what they, may their memory be blessed, said (Chullin 44b), “Distance yourself from what is ugly, and from what is similar to it.” And in my saying, “the traits of the Holy One, blessed be He,” I am pulled after the words of our Rabbis, may their memory be blessed, who related to Him, may He be blessed, the name of traits according to the side of those receiving them (people). But to Him, may He be blessed, from His side — in His greatness and His uniqueness — one cannot ascribe traits. As He and His wisdom and His will and His power and His traits are [all] one, without any combination or division in the world.
מִדִּינֵי הַמִּצְוָה, מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שבועות ל ב) שֶׁכָּל דַּיָּן שֶׁיּוֹדֵעַ בְּדִין שֶׁהוּא מְרֻמֶּה שֶׁחַיָּב לְהִסְתַּלֵּק מִמֶּנּוּ, וְלֹא יֹאמַר אֶחְתְּכֶנּוּ וְיִהְיֶה קוֹלָר תָּלוּי בְּצַוַּאר הָעֵדִים. וְהַשְּׁבָחִים הַגְּדוֹלִים שֶׁמְּשַׁבְּחִין חֲכָמִים בְּבַקָּשַׁת הָאֱמֶת וְהַרְחָקַת הַשֶּׁקֶר בַּדִּין, וְיֶתֶר רֻבֵּי הַפְּרָטִים, מְבֹאָרִים בְּסַנְהֶדְרִין וּבַמִּדְרָשִׁים כְּמוֹ כֵן (פכ"ה מה' סנהדרין)
From the laws of the commandment is that which they, may their memory be blessed, said (Shevuot 30b) that any judge who knows about a case that it is rigged, that he is obligated to remove himself from it, and not say, “I will conclude it and the chain will be around the neck of the [lying] witnesses”; and the great praises with which the Sages praised the seeking of truth and the distancing of falsehood in judgment. And the rest of its many details — are elucidated in Sanhedrin and also in the Midrash. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 25.)
וְנוֹהֶגֶת בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים אֲבָל לֹא בִּנְקֵבוֹת, לְפִי שֶׁאֵינָן דָּנוֹת, וּלְכָךְ אֵינָן בִּכְלַל אַזְהָרָה זוֹ שֶׁלֹּא לְקַבֵּל טַעֲנַת בַּעַל דִּין אֶחָד שֶׁלֹּא בִּפְנֵי בַּעַל דִּינוֹ, מִכָּל מָקוֹם בִּכְלַל לָאו זֶה הֵן שֶׁלֹּא יִטְעֲנוּ טַעֲנוֹתָם לְדִין שֶׁלֹּא בִּפְנֵי בַּעַל הַדִּין. וְכֵן מֻזְהָרוֹת לְהַרְחִיק מִכָּל שֶׁקֶר כְּמוֹ הָאֲנָשִׁים. וְהָעוֹבֵר עָלֶיהָ, הֲרֵי הוּא כְּעוֹבֵר עַל מִצְוַת מֶלֶךְ, אֲבָל אֵין לוֹקִין עַל לָאו זֶה לְפִי שֶׁאֵין בּוֹ מַעֲשֶׂה.
And [it] is practiced in every place and at all times by males, but not by females, since they do not judge. And hence they are not included in this warning, not to accept the claim of one litigant not in front of his adversary. Nonetheless, they are included in this negative commandment, that they should not make their claims to the judge not in front of the adversary. And so [too,] they are warned to distance themselves from all falsehood, like men. And behold, one who transgresses it is like he violates the commandment of the King. But we do not administer lashes for this negative commandment, as there is no act [involved] with it.