Parshas Shoftim

“Judges and guards give for yourself in all your gates which Hashem your God gives to you to your tribes and judge the people a righteous judgment.” Devorim 16:18
Rashi explains that this verse requires the establishment of botei din, (courts), to judge and a system of enforcement to impose their ruling as required.

Upon whom is this requirement placed? Who has the responsibility of appointing the courts?

The Sefer HaChinuch writes, “And this is one of the mitzvos upon the community as a whole in every place.”

In Ayeles HaShachar on Makos 7a also asks this question and concludes, “It requires consideration as to whether this obligation falls upon the people of the place in question or on the Sanherdrin HaGodol, (the great court of seventy one). It is logical that this obligation is on the people of the place.”

In Parshas Yisro, Yisro advises Moshe to establish a system of courts, “Any big thing should be brought before you, (Moshe) and any small issue should be judged by them, (the men who would be appointed to judge).

The verse tells us, “And Moshe harkened to the words of his father in law and did all that he had said. And Moshe chose capable men from all Yisroel and he gave them as heads over the people, etc.” Shemos 18:25

With Moshe now exhorting Yisroel to establish botei din, it would appear reasonable to follow his example and establish local botei din via the highest judicial authority – i.e. the Sanhedrin HaGodol. How does the Ayeles HaShachar consider the opposite to be logical?!

A possible answer could be that since each individual is obligated to conduct his affairs in accordance with halocho, they are required to consult a beis din in an unclear or disputed case in order to resolve any disagreement and ensure that monies and property reside with their legitimate owner. A local beis din will be required! Thus, the people of any given place as a corporate body of individuals are obligated to establish a beis din.

The Netziv, in HoEmek Dovor, writes that Sanhedin HaGdol is referred to in the singular and understands the singular, “loch”, “for yourself” as meaning that this is an obligation on the Sanhedrin HaGodol, that they should establish a beis din in each town and supervise them to ensure that they judge a righteous judgment.

Even though in Makos, Ayeles HaShacha considers it logical that this is an obligation on the community in each place, the Netziv could argue that it is also logical that the Sanhedrin are best placed to establish and supervise a national system of botei din. For the Netziv, this could allow the linguistic indication of “yourself” to override the opposing logic. Those opposing the view of the Netziv could use the logic of an obligation on the community to reinterpret the “yourself” in a less literal fashion, as referring the the individual in the context of a member of the community.