Choshen Mishpat - Daily Recordings

The קצות החושן agrees with the סמ״ע that even a mistaken underclaim may bind the claimant because מחילה בטעות הוי מחילה, while the נתיבות המשפט sharply limits that principle: if the claimant was unaware that the additional money was his, there was no real מחילה, and the דיין should award what rightfully belongs to him.

The commentators debate whether a דיין may award more than the claimant requested: the סמ״ע understands the רמ״א broadly and limits the award to the amount claimed even where the claimant erred, while the ש״ך distinguishes between a conscious waiver, which binds the claimant, and a clear mistake, in which case the דיין should award the full amount actually due.

The רמ״א rules that a דיין should not award a claimant more than he actually demanded, even if the דיין believes that the claimant is halachically entitled to a greater amount; this ruling is based on the ריב״ש, and the דרכי משה seeks additional support from a Gemara in בבא בתרא, though that proof is disputed by the later commentators.

If a litigant makes an incorrect halachic assertion in front of the בית דין on a matter other than the dispute presently being adjudicated, the דיין should correct it so that his silence is not interpreted as agreement.

The שולחן ערוך rules that a דיין may not favor the poor, the prominent, or the apparently righteous, must judge both litigants with equal caution, should view them favorably once they accept the דין, and must issue the ruling promptly once the case is clear.

The Rambam gathers several prohibitions that require complete judicial impartiality: no misplaced compassion, no favoritism toward rich or poor, no bias against sinners, no distortion or delay of justice, and special protection against mistreating a גר or יתום; at the same time, a דיין should begin with caution toward both litigants and end by judging them favorably once they accept the ruling.

The Rambam teaches that a דיין may not favor the rich, prominent, or righteous, nor disadvantage a wicked litigant because of his character; judgment must be based solely on the merits of the case, and even unnecessary delay designed to cause suffering is itself a distortion of justice.

The Rambam teaches that compassion cannot override דין: a בית דין may not spare a murderer, waive a קנס, or favor a poor litigant simply because of his poverty; charity and compassion belong outside the judicial determination, while the דין itself must remain impartial.

In סעיפים ח׳–ט׳, the שולחן ערוך brings both major interpretations of שלא יעשה דיין סניגורין לדבריו: a דיין must not defend his own mistaken ruling, nor may he act as an advocate for a litigant; only where a litigant is genuinely unable to articulate his own valid claim may the דיין assist him slightly under פתח פיך לאלם.

Although a דיין may not ordinarily formulate claims for a litigant, the Yerushalmi and Rambam recognize an exception under פתח פיך לאלם — “open your mouth for one who cannot speak”; the Rambam limits this to modest assistance, while the Tur understands the permission more broadly.