Tikkun America - Book of Mitzvot: Mitzvah N12

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N12. Judging Our Neighbor. [Make a Comment]

We are not to judge our neighbor wrongfully, nor fail to judge him rightfully.

This precept is derived from His Word (blessed be He):

Key Scriptures

GOD IS THE ULTIMATE JUDGE

Isaiah 26:9
My soul desires you at night, my spirit in me seeks you at dawn; for when your judgments are here on earth, the people in the world learn what righteousness is.

Psalm 7:12(11)
God is a righteous judge, a God whose anger is present every day.

Psalm 9:8(7)
But ADONAI is enthroned forever; he has set up his throne for judgment.

Psalm 50:6
The heavens proclaim his righteousness, for God himself is judge. (Selah)

Proverbs 21:2
All a person's ways are right in his own view, but ADONAI weighs the heart.

Matthew 12:36-37
Moreover, I tell you this: on the Day of Judgment people will have to give account for every careless word they have spoken; for by your own words you will be acquitted, and by your own words you will be condemned.

John 8:14-18
Yeshua answered them, "Even if I do testify on my own behalf, my testimony is indeed valid; because I know where I came from and where I'm going; but you do not know where I came from or where I'm going. You judge by merely human standards. As for me, I pass judgment on no one; but if I were indeed to pass judgment, my judgment would be valid; because it is not I alone who judge, but I and the One who sent me. And even in your Torah it is written that the testimony of two people is valid. I myself testify on my own behalf, and so does the Father who sent me.

Romans 2:5-6
But by your stubbornness, by your unrepentant heart, you are storing up anger for yourself on the Day of Anger, when God's righteous judgment will be revealed; for he will pay back each one according to his deeds.

1 Corinthians 5:11-13
No, what I wrote you was not to associate with anyone who is supposedly a brother but who also engages in sexual immorality, is greedy, worships idols, is abusive, gets drunk or steals. With such a person you shouldn't even eat! For what business is it of mine to judge outsiders? Isn't it those who are part of the community that you should be judging? God will judge those who are outside. Just expel the evildoer from among yourselves.

Revelation 20:11-15
Next I saw a great white throne and the One sitting on it. Earth and heaven fled from his presence, and no place was found for them. And I saw the dead, both great and small, standing in front of the throne. Books were opened; and another book was opened, the Book of Life; and the dead were judged from what was written in the books, according to what they had done. The sea gave up the dead in it; and Death and Sh'ol gave up the dead in them; and they were judged, each according to what he had done. Then Death and Sh'ol were hurled into the lake of fire. This is the second death - the lake of fire. Anyone whose name was not found written in the Book of Life was hurled into the lake of fire.

ALL JUDGMENT GIVEN TO YESHUA

John 5:22
The Father does not judge anyone but has entrusted all judgment to the Son ...

Acts 4:12
There is salvation in no one else! For there is no other name under heaven given to mankind by whom we must be saved!

Acts 10:42
Then he commanded us to proclaim and attest to the Jewish people that this man has been appointed by God to judge the living and the dead.

Acts 17:29-31
So, since we are children of God, we shouldn't suppose that God's essence resembles gold, silver or stone shaped by human technique and imagination. In the past, God overlooked such ignorance; but now he is commanding all people everywhere to turn to him from their sins. For he has set a Day when he will judge the inhabited world, and do it justly, by means of a man whom he has designated. And he has given public proof of it by resurrecting this man from the dead.

2 Corinthians 5:10
... for we must all appear before the Messiah's court of judgment, where everyone will receive the good or bad consequences of what he did while he was in the body.

THE WORD OF GOD JUDGES

John 12:48
Those who reject me and don't accept what I say have a judge - the word which I have spoken will judge them on the Last Day.

Romans 2:12
All who have sinned outside the framework of Torah will die outside the framework of Torah; and all who have sinned within the framework of Torah will be judged by Torah.

Hebrews 4:12
See, the Word of God is alive! It is at work and is sharper than any double-edged sword - it cuts right through to where soul meets spirit and joints meet marrow, and it is quick to judge the inner reflections and attitudes of the heart.

JUDGING HYPOCRITICALLY IS UNRIGHTEOUS

Ecclesiastes 7:21-22
Also, don't take seriously every word spoken, such as when you hear your servant speaking badly of you; because often, as you yourself know, you have spoken badly of others.

Matthew 7:1-5
Don't judge, so that you won't be judged. For the way you judge others is how you will be judged - the measure with which you measure out will be used to measure to you. Why do you see the splinter in your brother's eye but not notice the log in your own eye? How can you say to your brother, 'Let me take the splinter out of your eye,' when you have the log in your own eye? You hypocrite! First, take the log out of your own eye; then you will see clearly, so that you can remove the splinter from your brother's eye!

Luke 6:37-42
Don't judge, and you won't be judged. Don't condemn, and you won't be condemned. Forgive, and you will be forgiven. Give, and you will receive gifts - the full measure, compacted, shaken together and overflowing, will be put right in your lap. For the measure with which you measure out will be used to measure back to you!. He also told them a parable: "Can one blind man lead another blind man? Won't they both fall into a pit? A talmid is not above his rabbi; but each one, when he is fully trained, will be like his rabbi. So why do you see the splinter in your brother's eye, but not notice the log in your own eye? How can you say to your brother, 'Brother, let me remove the splinter from your eye,' when you yourself don't see the log in your own eye? You hypocrite! First take the log out of your own eye; then you will see clearly, so that you can remove the splinter from your brother's eye!

John 8:1-7
But Yeshua went to the Mount of Olives. At daybreak, he appeared again in the Temple Court, where all the people gathered around him, and he sat down to teach them. The Torah-teachers and the P'rushim brought in a woman who had been caught committing adultery and made her stand in the center of the group. Then they said to him, "Rabbi, this woman was caught in the very act of committing adultery. Now in our Torah, Moshe commanded that such a woman be stoned to death. What do you say about it?" They said this to trap him, so that they might have ground for bringing charges against him; but Yeshua bent down and began writing in the dust with his finger. When they kept questioning him, he straightened up and said to them, "The one of you who is without sin, let him be the first to throw a stone at her."

Romans 2:1-6
Therefore you have no excuse, whoever you are, passing judgment; for when you judge someone else, you are passing judgment against yourself; since you who are judging do the same things he does. We know that God's judgment lands impartially on those who do such things; do you think that you, a mere man passing judgment on others who do such things, yet doing them yourself, will escape the judgment of God? Or perhaps you despise the riches of his kindness, forbearance and patience; because you don't realize that God's kindness is intended to lead you to turn from your sins. But by your stubbornness, by your unrepentant heart, you are storing up anger for yourself on the Day of Anger, when God's righteous judgment will be revealed; for he will pay back each one according to his deeds.

JUDGING WRONGFULLY & UNRIGHTEOUSLY PROHIBITED

Leviticus 19:15
Do not be unjust in judging - show neither partiality to the poor nor deference to the mighty, but with justice judge your neighbor.

John 7:23-24
If a boy is circumcised on Shabbat so that the Torah of Moshe will not be broken, why are you angry with me because I made a man's whole body well on Shabbat? Stop judging by surface appearances, and judge the right way!

Romans 14:1-13
Now as for a person whose trust is weak, welcome him - but not to get into arguments over opinions. One person has the trust that will allow him to eat anything, while another whose trust is weak eats only vegetables. The one who eats anything must not look down on the one who abstains; and the abstainer must not pass judgment on the one who eats anything, because God has accepted him - who are you to pass judgment on someone else's servant? It is before his own master that he will stand or fall; and the fact is that he will stand, because the Lord is able to make him stand. One person considers some days more holy than others, while someone else regards them as being all alike. What is important is for each to be fully convinced in his own mind. He who observes a day as special does so to honor the Lord. Also he who eats anything, eats to honor the Lord, since he gives thanks to God; likewise the abstainer abstains to honor the Lord, and he too gives thanks to God. For none of us lives only in relation to himself, and none of us dies only in relation to himself; for if we live, we live in relation to the Lord; and if we die, we die in relation to the Lord. So whether we live or die, we belong to the Lord - indeed, it was for this very reason that the Messiah died and came back to life, so that he might be Lord of both the dead and the living. You then, why do you pass judgment on your brother? Or why do you look down on your brother? For all of us will stand before God's judgment seat; since it is written in the Tanakh, "As I live, says ADONAI, every knee will bend before me, and every tongue will publicly acknowledge God." So then, every one of us will have to give an account of himself to God. Therefore, let's stop passing judgment on each other! Instead, make this one judgment - not to put a stumbling block or a snare in a brother's way.

1 Corinthians 6:1-6
How dare one of you with a complaint against another go to court before pagan judges and not before God's people? Don't you know that God's people are going to judge the universe? If you are going to judge the universe, are you incompetent to judge these minor matters? Don't you know that we will judge angels, not to mention affairs of everyday life? So if you require judgments about matters of everyday life, why do you put them in front of men who have no standing in the Messianic Community? I say, shame on you! Can it be that there isn't one person among you wise enough to be able to settle a dispute between brothers? Instead, a brother brings a lawsuit against another brother, and that before unbelievers!

Colossians 2:16
So don't let anyone pass judgment on you in connection with eating and drinking, or in regard to a Jewish festival or Rosh-Hodesh or Shabbat.

James 4:11-12
Brothers, stop speaking against each other! Whoever speaks against a brother or judges a brother is speaking against Torah and judging Torah. And if you judge Torah, you are not a doer of what Torah says, but a judge. There is but one Giver of Torah; he is also the Judge, with the power to deliver and to destroy. Who do you think you are, judging your fellow human being?

JUDGING RIGHTLY & RIGHTEOUSLY REQUIRED

Leviticus 13:1-3
ADONAI said to Moshe and Aharon, "If someone develops on his skin a swelling, scab or bright spot which could develop into the disease tzara'at, he is to be brought to Aharon the cohen or to one of his sons who are cohanim. The cohen is to examine the sore on his skin; if the hair in the sore has turned white, and the sore appears to go deep into the skin, it is tzara'at, and after examining him the cohen is to declare him unclean.

Leviticus 19:15
Do not be unjust in judging - show neither partiality to the poor nor deference to the mighty, but with justice judge your neighbor.

Proverbs 31:9
Speak up, judge righteously, defend the cause of the poor and the needy.

Matthew 7:15-20
Beware of the false prophets! They come to you wearing sheep's clothing, but underneath they are hungry wolves! You will recognize them by their fruit. Can people pick grapes from thorn bushes, or figs from thistles? Likewise, every healthy tree produces good fruit, but a poor tree produces bad fruit. A healthy tree cannot bear bad fruit, or a poor tree good fruit. Any tree that does not produce good fruit is cut down and thrown in the fire! So you will recognize them by their fruit.

Luke 6:43-44
For no good tree produces bad fruit, nor does a bad tree produce good fruit. Each tree is recognized by its own fruit - figs aren't picked from thorn bushes, nor grapes from a briar patch.

1 Corinthians 5:1-13
It is actually being reported that there is sexual sin among you, and it is sexual sin of a kind that is condemned even by pagans - a man is living with his stepmother! And you stay proud? Shouldn't you rather have felt some sadness that would have led you to remove from your company the man who has done this thing? For I myself, even though I am absent physically, am with you spiritually; and I have already judged the man who has done this as if I were present. In the name of the Lord Yeshua, when you are assembled, with me present spiritually and the power of our Lord Yeshua among us, hand over such a person to the Adversary for his old nature to be destroyed, so that his spirit may be saved in the Day of the Lord. Your boasting is not good. Don't you know the saying, "It takes only a little hametz to leaven a whole batch of dough?" Get rid of the old hametz, so that you can be a new batch of dough, because in reality you are unleavened. For our Pesach lamb, the Messiah, has been sacrificed. So let us celebrate the Seder not with leftover hametz, the hametz of wickedness and evil, but with the matzah of purity and truth. In my earlier letter I wrote you not to associate with people who engage in sexual immorality. I didn't mean the sexually immoral people outside your community, or the greedy, or the thieves or the idol-worshippers - for then you would have to leave the world altogether! No, what I wrote you was not to associate with anyone who is supposedly a brother but who also engages in sexual immorality, is greedy, worships idols, is abusive, gets drunk or steals. With such a person you shouldn't even eat! For what business is it of mine to judge outsiders? Isn't it those who are part of the community that you should be judging? God will judge those who are outside. Just expel the evildoer from among yourselves.

Galatians 6:1
Brothers, suppose someone is caught doing something wrong. You who have the Spirit should set him right, but in a spirit of humility, keeping an eye on yourselves so that you won't be tempted too.

2 Thessalonins 3:6
Now, in the name of the Lord Yeshua the Messiah we command you, brothers, to stay away from any brother who is leading a life of idleness, a life not in keeping with the tradition you received from us.

1 Timothy 6:20
Oh, Timothy! Keep safe what has been entrusted to you. Turn away from the ungodly babblings and the argumentative opposition of what is falsely called "knowledge."

2 Timothy 2:25-26
Also he should be gentle as he corrects his opponents. For God may perhaps grant them the opportunity to turn from their sins, acquire full knowledge of the truth, come to their senses and escape the trap of the Adversary, after having been captured alive by him to do his will.

2 Timothy 3:16-17
All Scripture is God-breathed and is valuable for teaching the truth, convicting of sin, correcting faults and training in right living; thus anyone who belongs to God may be fully equipped for every good work.

Titus 3:9-11
But avoid stupid controversies, genealogies, quarrels and fights about the Torah; because they are worthless and futile. Warn a divisive person once, then a second time; and after that, have nothing more to do with him. You may be sure that such a person has been perverted and is sinning: he stands self-condemned.

FAILING TO JUDGE RIGHTLY OR RIGHTEOUSLY

2 Kings 12:1-4(11:21-12:3)
Y'ho'ash was seven years old when he began his reign. It was in the seventh year of Yehu that Y'ho'ash began to rule, and he ruled forty years in Yerushalayim. His mother's name was Tzivyah, from Be'er-Sheva. Y'ho'ash did what was right from ADONAI's perspective throughout the lifetime of Y'hoyada the cohen, who instructed him. Nevertheless the high places were not taken away; the people still sacrificed and presented offerings on the high places.

2 Kings 14:1-4
It was in the second year of Yo'ash son of Y'ho'achaz king of Isra'el that Amatzyah the son of Yo'ash king of Y'hudah began his reign. He was twenty-five years old when he began to rule, and he ruled for twenty-nine years in Yerushalayim. His mother's name was Y'ho'adan, from Yerushalayim. He did what was right from ADONAI's perspective, although not like David his ancestor; he lived the same way as his father Yo'ash. However, the high places were not removed; the people still sacrificed and offered on the high places.

2 Kings 15:1-4
It was in the twenty-seventh year of Yarov'am king of Isra'el that 'Azaryah the son of Amatzyah, king of Y'hudah, began his reign. He was sixteen years old when he began to rule, and he ruled for fifty-two years in Yerushalayim. His mother's name was Y'kholyahu, from Yerushalayim. He did what was right from ADONAI's perspective, following the example of everything his father Amatzyah had done. However, the high places were not taken away; the people still sacrificed and offered on the high places.

2 Kings 15:32-35
It was in the second year of Pekach the son of Remalyah, king of Isra'el, that Yotam the son of 'Uziyah king of Y'hudah began his reign. He was twenty-five years old when he began his reign, and he ruled for sixteen years in Yerushalayim. His mother's name was Yerusha the daughter of Tzadok. He did what was right from ADONAI's perspective, following the example of everything his father 'Uziyah had done. However, the high places were not taken away; and the people still sacrificed and offered on the high places. He built the Upper Gate of the house of ADONAI.

ELDERS AS JUDGES

Exodus 18:13-23
The following day Moshe sat to settle disputes for the people, while the people stood around Moshe from morning till evening. When Moshe's father-in-law saw all that he was doing to the people, he said, "What is this that you are doing to the people? Why do you sit there alone, with all the people standing around you from morning till evening?" Moshe answered his father-in-law, "It's because the people come to me seeking God's guidance. Whenever they have a dispute, it comes to me; I judge between one person and another, and I explain to them God's laws and teachings." Moshe's father-in-law said to him, "What you are doing isn't good. You will certainly wear yourself out - and not only yourself, but these people here with you as well. It's too much for you - you can't do it alone, by yourself. So listen now to what I have to say. I will give you some advice, and God will be with you. You should represent the people before God, and you should bring their cases to God. You should also teach them the laws and the teachings, and show them how to live their lives and what work they should do. But you should choose from among all the people competent men who are God-fearing, honest and incorruptible to be their leaders, in charge of thousands, hundreds, fifties and tens. Normally, they will settle the people's disputes. They should bring you the difficult cases; but ordinary matters they should decide themselves. In this way, they will make it easier for you and share the load with you. If you do this - and God is directing you to do it - you will be able to endure; and all these people too will arrive at their destination peacefully."

WITNESSES NEEDED TO CONVICT IN A BET DIN

Deuteronomy 17:6
The death sentence is to be carried out only if there was testimony from two or three witnesses; he may not be sentenced to death on the testimony of only one witness.

Deuteronomy 19:15
One witness alone will not be sufficient to convict a person of any offense or sin of any kind; the matter will be established only if there are two or three witnesses testifying against him.

2 Corinthians 13:1
This will be the third time that I have come to visit you. Any charge must be established by the testimony of two or three witnesses.

Commentary

"Judging" is forming an opinion based on evidence or perceived evidence. There are two basic kinds of judgment: (1) temporal and (2) eternal, and there are three authorities for passing judgment: (1) God, (2) mankind, and (3) institutional. Temporal judgment is of the here and now, whereas eternal judgment has to do with one's life with God in the world to come. The authorities for eternal judgment are (first and foremost) God, but also batei din (ecclesiastical courts) in which the body of believers renders judgments that could have eternal consequences:

Matthew 18:15-19: Moreover, if your brother commits a sin against you, go and show him his fault - but privately, just between the two of you. If he listens to you, you have won back your brother. If he doesn't listen, take one or two others with you so that every accusation can be supported by the testimony of two or three witnesses. If he refuses to hear them, tell the congregation; and if he refuses to listen even to the congregation, treat him as you would a pagan or a tax-collector. Yes! I tell you people that whatever you prohibit on earth will be prohibited in heaven, and whatever you permit on earth will be permitted in heaven. To repeat, I tell you that if two of you here on earth agree about anything people ask, it will be for them from my Father in heaven.

Temporal judgments are of two levels. The first is "merely forming an opinion", and the second is "making a finding"; they may appear the same but they are not. The first of these, forming an opinion, may lead to making a personal decision such as whether to trust a person or be in a person's company, but it is not, by definition, conveyed to another person lest it constitute gossip.

Proverbs 20:19: A gossip goes around revealing secrets, so don't get involved with a talkative person.

2 Corinthians 12:20: For I am afraid of coming and finding you not the way I want you to be, and also of not being found the way you want me to be. I am afraid of finding quarreling and jealousy, anger and rivalry, slander and gossip, arrogance and disorder.

The second level of judging (making a finding), is intended to influence others and, if done rightly and officially (e.g. by a bet din), the finding is binding on others such as when a court finds a party guilty or innocent of violating a law.

There is a difference between judging "rightly", "rightfully", and "righteously" (the opposite is judging wrongly, wrongfully, and un-righteously):

judging "rightly" means making a correct decision, and judging "wrongly" means making a wrong decision. A person can be a proper person to judge and still make a wrong decision.

A similar term, judging "rightfully" (the opposite is "wrongfully") has nothing to do with whether a judgment rendered is right or wrong; it has to do with whether the person judging is a proper person to do it (in legal terms, "has jurisdiction"). An example would be a person that witnesses a murder and, without authority, convenes a trial, judges, and convicts the murderer. The judgment is right because the convicted person did, in fact, commit the crime. However, the person judging the murderer has not judged rightly because he or she did not have authority to convene the trial and appoint him or herself to be the judge.

Scripture requires that even when a person judges rightly and rightfully, he or she must also judge righteously. That is, the person doing the judging must not be in a state of unrepentant sin while judging another. Scripture says that if you are yourself guilty of that which you judge another, you are a hypocrite and pass judgment upon yourself.

It is important to understand that, not only are there certain kinds of judgments we should not make, but there are certain kinds that are required of us. One that is often overlooked is Galatians 6:1:

Brothers, suppose someone is caught doing something wrong. You who have the Spirit should set him right, but in a spirit of humility, keeping an eye on yourselves so that you won't be tempted too.

And also 1 Corinthians 5:12b:

Isn't it those who are part of the [believing] community that you should be judging?

In order to be able to correct a fellow believer (or a family member), we must first determine that he or she is doing something wrong, and that constitutes making a judgment. It is not uncommon for those we seek to properly correct to rebuff our correction by quoting Matthew 7:1 which, in the "King James Version", reads:

Judge not, that ye be not judged.

As impressive as it sounds in the old English vernacular, it is an incorrect application of the Scripture if it is spoken in order to avoid the correction. The Scripture does not mean that it is improper for believers or family members to correct one another. It warns a person who corrects another that he or she is held to the same standard of righteousness with which he or she is judging. This is made clear if we read further to verse five:

Matthew 7:1-5 Don't judge, so that you won't be judged. For the way you judge others is how you will be judged - the measure with which you measure out will be used to measure to you. Why do you see the splinter in your brother's eye but not notice the log in your own eye? How can you say to your brother, 'Let me take the splinter out of your eye,' when you have the log in your own eye? You hypocrite! First, take the log out of your own eye; then you will see clearly, so that you can remove the splinter from your brother's eye! (CJB)

Very wise advice!

Commentary by Daniel C. Juster

The use of the Matthew 7:1 phrase "Judge not, that ye be not judged." (KJV) has probably become the most popular biblical verse for people who do not want to be accountable for their behavior, and teach that no one should evaluate or judge them in any way. This is so obviously wrong and foolish. We have to make judgments all the time. Should we trust the vacuum salesman, the insurance man, the investment counselor and others?

The Bible says to have nothing to do with people who claim to be believers who engage in certain sinful practices. In 1 Corinthians 5:1-13, the Apostle Paul instructs the Corinthians to judge a particular man who is living in sin and remove him from the fellowship. Also, Matthew 18:15-17 shows how judgment comes about. So what was Yeshua speaking about in Matthew 7:1? Hypocrisy and not having a judgmental or censorious spirit.

Classical Commentators

This Mitzvah is not addressed by any of the classical commentators. Most of what they have to say about judging is related to justice in batei din and are dealt with elsewhere in this volume.

NCLA: JMm JFm KMm KFm GMm GFm

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