• Table For Five

Are we allowed to favor the underdog in legal matters?

Table for Five: Devarim

In partnership with the Jewish Journal of Los Angeles

Edited by Nina Litvak & Salvador Litvak, the Accidental Talmudist

You shall not favor persons in judgment; [rather] you shall hear the small just as the great; you shall not fear any man, for the judgment is upon the Lord, and the case that is too difficult for you, bring to me, and I will hear it. -Deut. 1:17

Rabbi Benjamin Blech
Professor of Talmud, Yeshiva University

“You shall not show favoritism in judgment; you shall hear the small as well as the great” (Deuteronomy 1:17). This Torah commandment is not only a legal guideline—it is a profound moral principle, calling for fairness, impartiality, and dignity for all, regardless of status or power.

In today’s world, we see this warning violated when wealth, fame, or influence determine outcomes—in courtrooms, classrooms, or corporations. Consider the recent phenomenon of celebrities or billionaires avoiding consequences for actions that would ruin the lives of ordinary people. The disparity erodes public trust and undermines justice.

Psychologically, this is connected to status bias—the unconscious tendency to favor those with perceived authority or prestige. Studies show that even trained professionals rate identical résumés more favorably when a prestigious name is attached. We instinctively overvalue the opinions and needs of the “great,” often at the expense of the “small.”

The Torah demands that we rise above this instinct. As Harper Lee wrote in To Kill a Mockingbird, “The one place where a man ought to get a square deal is in a courtroom.” The Torah extends that ethic beyond the courtroom—into daily life, leadership, and every decision involving others. To hear the “small” is not just to be fair; it is to affirm the divine worth in every person. When we learn to judge without bias, we reflect God’s justice—and bring dignity to both our society and our souls.

Gila Muskin Block
Executive Director, Yesh Tikva

In Devarim 1:17, Moshe reinstructs the first generation of Jewish judges, “You shall not be partial in judgment: hear out low and high alike. Fear neither party, for judgment is God’s….” The Ramban elaborates: God is the ultimate source of justice, but He has entrusted human judges to carry out His mission of fairness in this world. When judges rule justly, they are not merely acting on their own authority, but as God’s agents. In contrast, when they act corruptly or with fear, they are betraying God’s authority.

I believe that this responsibility does not end at the courtroom doors. While the verse addresses judges, its message reverberates far beyond them. Justice, fairness, and integrity are not values reserved for legal minds; they are sacred obligations placed upon each of us. In our personal, professional, and communal lives, we are called to hear both the “small and the great alike,” to refuse to be swayed by fear or favoritism, and to see each person as created B’tzelem Elokim, in the image of God.

To live justly is to live in alignment with God’s will. Whether resolving conflict, creating space for others, or refusing to turn a blind eye to injustice, we carry forward this sacred mission entrusted to those first judges: to walk with God and build a world that is Mekadesh Shem Shamayim, sanctifies God’s name.

Liane Pritikin
Writer, Public Speaker

In 2013, Abercrombie & Fitch got in big trouble for favoring the small — literally. The brand didn’t sell sizes XL and up. They didn’t want larger people wearing their clothes. Around the same time, H&M took the opposite approach, embracing all shapes and sizes. By 2024, A&F reported just under $5 billion in revenue. H&M? Over $22 billion. A clear financial case for not playing favorites.

The Torah warns against favoritism for a deeper reason: we don’t always know who is truly “small” or “great.” Pirkei Avot teaches us not to weigh one mitzvah over another, since we don’t know the reward for each. In a class on David and Goliath, Rabbi Elchonon Cohen cited Malcolm Gladwell’s theory on the biblical giant Goliath. Goliath’s physical size was the result of a medical condition. One that also made him close to blind. The concepts of big and small appear early in the Torah. On day four G-d creates the sun and the moon, referred to as two great lights – the greater to rule by day, to smaller to rule by night. The Hebrew words used are the same words used in our prohibition on favoritism. The Gemara says that the sun and moon refer to man and woman. Which means You shall not favor persons in judgment; you shall hear the woman just as the man. That may seem obvious in 2025, but Torah said it 3,000 years ago. Sounds like the rest of the world is finally catching up.

Rabbi Gershon Schusterman
Author, “Why God Why?”

While all know that G-d is heavenly, do we know that G-d is also earthly? In fact, G-d descended from His heavenly abode to Mount Sinai to engage with us mortals. The Midrash says, “G-d desired a home in the lower realms,” hence, the Torah’s emphasis on Mitzvos in action, to bring G-d-consciousness into the physical realm. Judaism is unique among religions in that it places more emphasis on works than beliefs. For this reason, for the Jew, civil law is G-dly too.

The basis of civil law ─outside of Judaism─ is society’s compact for the purpose of maintaining law and order, which in turn constitutes the morals and ethics of that society. In a G-dless society, even genocide can be justified as moral, each society enacting laws according to its fundamental values. Jewish law, which originated at Sinai and was handed down from on High, is the embodiment of G-d’s harmonious integration of civil and religious law.

Where human morality is separated from G-d, it’s not difficult to justify favoring the poor over the rich, or vice versa, as the circumstances might dictate. If it’s G-d’s law, it’s absolute and eternal, and thus not ours to manipulate. The Lady Justice statue seen in many civil courts, blindfolded, with a sword in one hand and scales in the other, originates in the Greek and Roman mythic goddess, Themis. Jewish law, on the other hand, originates at Sinai and is permeated with the consciousness of “for the judgement is G-d’s.”

Nina Litvak
Screenwriter, Co-creator of accidentaltalmudist.org

How prescient is our holy Torah!  This verse warning us not to favor the strong OR the weak stands as a sharp rebuke of the current fad of fetishizing the perceived underdog. The Targum rejects this profound moral confusion masquerading as righteousness: “You should not say: this is a poor man and his opponent is rich… I will find in favor of the poor man, and he will consequently obtain support in a respectable fashion.”

In our modern society, many highly intelligent and educated people harbor a Manichean worldview that classifies every human being as either evil oppressor or saintly oppressed. According to this ideology, since Gaza is less prosperous than Israel, the Gazans (who overwhelmingly support Hamas) must be the oppressed and therefore have the moral high ground no matter what atrocities they commit or support. This repugnant belief system requires embracing multiple absurdities: Hamas tells the truth; IDF soldiers deliberately slaughter innocent Palestinians; in war, whichever side has more casualties is in the right.

Tragically, some Jews – including some prominent ones – believe this anti-Torah ideology and claim it reflects Jewish values. Jews who prioritize the well-being of our enemies over the safety of fellow Jews are foolish, wicked, or desperate for approval from those who want them dead. These lost souls see themselves – and want to be seen – as more virtuous than the rest of the tribe. They don’t realize they’ve revealed their profound ignorance of Torah teachings. They certainly haven’t read Deuteronomy 1:17. 

With thanks to Rabbi Benjamin Blech, Gila Muskin Block, Liane Pritikin, Rabbi Gershon Schusterman and Nina Litvak.

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