:6. "...against the judge showing marks of honor to but one litigant." Negative 275.
:7. "...against the judge acting in fear of a litigant's threats." Negative 276. Some leniency is extended to the Noahide judge in this connection according to Nahmanides, Pirush al HaTorah (Commentary on the Pentateuch), on Genesis 34:13, who quotes the Jerusalemite Talmud as saying: "Under Israelite law, you may not decline to serve as a judge as long as you are safe from repercussions, but you may decline when you are not safe from repercussions. However, under Noahic law you may decline in any event." Nonetheless, Negative 276 is listed here as having Noahide import because the talmudic quote seems to refer only to the initial refusal to hear a case due to fear of threats, whereas Negative 276 is also addressed at a judge who is already presiding, and who is tempted to render an unjust decision in face of personal danger. The latter surely constitutes a miscarriage of justice. Thus, it seems probable that when Nahmanicles, in reference to Negative 276, writes, - 'Fear no man (in judgment]' is an added feature of Mosaic [not Noahide] law" (ibid.) he means to give a Noahite more latitude in refusing to hand down a decision, but probably he does not mean to sanction an unjust decision.
Some leniency is extended to the Noahide judge in this connection according to Nahmanides, Pirush al HaTorah (Commentary on the Pentateuch), on Genesis 34:Possibly13, this extra latitude for who quotes the Noahite judge finds expression in a situation such Jerusalemite Talmud as described in the following halakhasaying: "When two litigants - a mild one and a vicious one - approach you with their dispute Under Israelite law, you may say to them 'I refuse not decline to serve as a judge your case,' as long as you have are safe from repercussions, but you may decline when you are not as yet heard their arguments orsafe from repercussions. However, even having heard their argumentsunder Noahic law you may decline in any event." Nonetheless, Negative 276 is listed here as long as you do not know who is having Noahide import because the more likely talmudic quote seems to refer only to win, lest the vicious litigant lose and try initial refusal to hear a case due to kill you. But once you have heard their arguments fear of threats, whereas Negative 276 is also addressed at a judge who is already presiding, and know who is the more likely tempted to winrender an unjust decision in face of personal danger. The latter surely constitutes a miscarriage of justice. Thus, you may not say 'I refuse it seems probable that when Nahmanicles, in reference to judge your caseNegative 276,' because of the dictumwrites, - 'Fear no man(in judgment]'is an added feature of Mosaic [not Noahide] law" (Imperative 415, Sefer HaHinnuchibid.). Nahmanides may mean he means to sanction the withdrawal of give a Noahite judge even after he knows which litigant is likely more latitude in refusing to emerge victorious. See Joseph Babadhand down a decision, Minhat Hinnuch. New York: Saphrograph, 1950, Part 111, page 76 (Imperative 415): "I think Noahites, too, are implicated in this 'Do but probably he does not fear' according mean to Nahmanides…"sanction an unjust decision.
Possibly, this extra latitude for the Noahite judge finds expression in a situation such as described in the following halakha:"When two litigants - a mild one and a vicious one - approach you with their dispute you may say to them 'I refuse to judge your case,' as long as you have not as yet heard their arguments or, even having heard their arguments, as long as you do not know who is the more likely to win, lest the vicious litigant lose and try to kill you. But once you have heard their arguments and know who is the more likely to win, you may not say 'I refuse to judge your case,' because of the dictum, 'Fear no man'…" (Imperative 415, Sefer HaHinnuch). Nahmanides may mean to sanction the withdrawal of a Noahite judge even after he knows which litigant is likely to emerge victorious. See Joseph Babad, Minhat Hinnuch. New York: Saphrograph, 1950, Part 111, page 76 (Imperative 415): "I think Noahites, too, are implicated in this 'Do not fear' according to Nahmanides…" Also see Rashi, Sanhedrin 56b last line: "The fear of Me shall be upon you,'implies but not the fear of men, as in Deuteronomy 5,'Fear no man, for judgment is of the Lord,' that is, justice [of the Seven Laws]."
:8. "...against the judge, out of compassion, favoring a poor litigant." Negative 277.
:10. "...against the judge, out of softness, putting aside the penalty of a mauler or killer." Negative 279.
:11. "...against the judge discriminating against a stranger or an orphan." Negative 280.  The idea here is to require equal treatment for those who are weak or meek for lack of relatives and friends. However, "stranger" in the Israelite statute, may refer strictly to "proselyte," in which case only "orphan" would have significance for the Noahide law here.
:12. "...against the judge hearing one litigant in the absence of the other." Negative 281.
:13. "...against appointing a judge who lacks knowledge of the Law." Negative 284.  Cf. Joseph Babad, Minhat Hinnuch. New York: Saphrograph, 1950, Part III, page 76 (Imperative 414): "Perhaps the Noahites too are included in this prohibition, and must appoint only a man who is erudite in Torah with regard to the laws that pertain to the Noahites." Also see remark of Aaron HaLevi, there, who considers Negative 284 a natural component of the pursuit of justice when he writes: ". . . an untutored judge will acquit the guilty and condemn the innocent. The rationale behind this command should be clear to all."
:14. "...against the court killing an innocent man." Negative 289.
:15. "...against incrimination by circumstantial evidence." Negative 290.
:16. "...against punishing for a crime committed under duress." Negative 294.  Cf. Maimonides, Code, "Laws on Kings" 10:2, "A Noahite who is forced - because his life is in danger - to transgress any of his laws is permitted to transgress." At this point it should be noted that the threats in Negative 276 (against a judge acting in fear of a litigant's threats,) are not such threats that constitute a clear and present danger to the life of the judge, or he would probably be permitted to misjudge in order to save his own life.
:17. "...that the court is to administer the death penalty by the sword [i.e., decapitation]." Positive 226.
::See [[Capital Punishment in Noahide law]]
:18. "...against anyone taking the law into his own hands to kill the perpetrator of a capital crime." Negative 292.  Naftali Zvi Judah Berlin, Haarnek Shaela (Commentary on Sheiltoth of Ahai Gaon). Jerusalem: Mosad Harav Kook, 1961, volume 1, page 16 (section 2:3). The discussion there centers on how justice may have application for the Noahide lay citizen - for in the main justice seems directed at the presiding jurists. N.Z.J. Berlin concludes that each Noahite "is compelled to desist from enforcement of the remaining six laws except via the court. That is, a witness to a murder may not execute the murderer, but must wait for the trial…" However, another writer disagrees: Babad, in Minhat Hinnuch, Part 111, page 72 (Imperative 409) writes: "The Noahites are not restricted in this way [Negative 2921 but may judge singly and at once." Babad repeats this remark on page 73, ibid. :19. "...to testify in court." Positive 178.  Thus, another example of how each citizen is expected to participate in the quest for justice is when he is called as a material witness. That Noahites are so implicated can be derived from Sanhedrin 57b, as follows: "A Noahite can be condemned on the testimony of a man, but not on a woman's ... Rav Hamnuna raised the following question here, 'You say that a woman is not obligated to pursue Justice? Notice that because a woman is ineligible to testify, Rav Hamnuna concluded that she is under no obligation with regard to Justice. Apparently, when a Noahite testifies in court he is fulfilling one of his obligations under justice.
:1920. "...to testify in courtagainst testifying falsely." Positive 178. Thus, another example of how each citizen is expected to participate in the quest for justice is when he is called as a material witness. That Noahites are so implicated can be derived from Sanhedrin 57b, as follows: "A Noahite can be condemned on the testimony of a man, but not on a woman's ... Rav Hamnuna raised the following question here, 'You say that a woman is not obligated to pursue Justice? Notice that because a woman is ineligible to testify, Rav Hamnuna concluded that she is under no obligation with regard to Justice. Apparently, when a Noahite testifies in court he is fulfilling one of his obligations under justiceNegative 285.
:20. "...against testifying falsely." Negative 285. If, as in Positive 178 above, a Noahite is under obligation to enlighten the court with his testimony, one may safely conclude that the Noahite has not met this obligation when his testimony leaves the truth unsaid. Cf. Philip Biberfeld, Das Noachidische Urrecht. Frankfurt, 1937, page 64.
Thus, twenty from among the Mosaic 613 have application for the Noahite under Justice. According to Maimonides – and most writers probably would side with him - Justice purports nothing more than the spirit of these twenty items. However, Nahmanides (Ramban) objects. He views justice as signifying much more.

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Imperative of Legal System

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Rabbi Aaron Lictenstein
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