Piety was the preëminent qualification of a judge of Israel. Impiety was
the negation of everything Israelitish. Strength and courage are
attributes that all judges in all ages and among all races have been
supposed to possess in order to be just and righteous in their
judgments.
_Disqualifications._--Disqualifications of applicants for membership in
the Great Sanhedrin are not less interesting than qualifications. They
are in the main mere negatives of affirmatives which have already been
given, and would seem, therefore, to be superfluous. But they are
strongly accentuated in Hebrew law, and are therefore repeated here.
(1) _A man was disqualified to act as judge who had not, or had never
had, any regular trade, occupation, or profession by which he gained his
livelihood._
The reason for this disqualification was based upon a stringent maxim of
the Rabbins: "He who neglects to teach his son a trade, is as though he
taught him to steal!" A man who did not work and had never labored in
the sweat of his brow for an honest livelihood, was not qualified,
reasoned the Hebrew people, to give proper consideration or extend due
sympathy to the cause of litigants whose differences arose out of the
struggles of everyday life.
(2) _In trials where the death penalty might be inflicted, an aged man,
a person who had never had any children of his own, and a bastard were
disqualified to act as judge._
A person of advanced years was disqualified because according to the
Rabbins old age is frequently marked by bad temper; and "because his
years and infirmities were likely to render him harsh, perhaps obstinate
and unyielding." On the other hand, youth was also a disqualification to
sit in the Sanhedrin. According to the Rabbis, twenty-five years was the
age which entitled a person to be called a Man;[92] but no one was
eligible to a seat in the Sanhedrin until he had reached the age of
forty years.[93] The ancient Hebrews regarded that period as the
beginning of discretion and understanding.
A person without children was not supposed to possess those tender
paternal feelings "which should warm him on behalf of the son of Israel
who was in peril of his life."
The stain of birth and the degradation in character of a bastard were
wholly inconsistent with the high ideals of the qualifications of a
Hebrew judge.
(3) _Gamblers, dice players, bettors on pigeon matches, usurers, and
slave dealers were disqualified to act as judges._
The Hebrews regarded gambling, dice playing, betting on pigeon matches,
and other such practices as forms of thievery; and thieves were not
eligible to sit as judges in their courts. No man who was in the habit
of lending money in an usurious manner could be a judge. It was
immaterial whether the money was lent to a countryman or a stranger.
Slave dealers were disqualified to act as judges because they were
regarded as inhuman and unsympathetic.
Public-domain text, read in full here on John Shaqi.
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