Relatives as Judges: Judicial vs. Sovereign Authority

This shiur analyzes a complex Midrash that addresses whether a relative (karov) can serve as a judge. Rabbi Zweig begins by noting an apparent contradiction in the Midrash's reasoning: it attempts to prove that relatives are disqualified from judging by comparing judgment (riv) to examining tzaraas (negaim), but the logic seems circular. The resolution lies in understanding two distinct functions of Beis Din established in the previous night's shiur on Parshas Shoftim. There is purely judicial function—clarifying existing halacha (הלכה)—and a sovereign/executive function where Beis Din creates new law or enforces policy. The Chasam Sofer had already established that relatives are disqualified from pure judicial functions based on the verse "lo yumsah av al banim." The Midrash's question concerns whether this disqualification extends to the sovereign function as well.