The Dayan Who Feared Gehinnom

Rav Yosef was very reluctant to preside over cases in beis din. He took to heart the words of Chazal (Yevamos 109b) that a dayan, a rabbinic judge, should always imagine that Gehinnom is open beneath him.

Once, two litigants brought him a case of safek gezel, questionable theft. When Rav Yosef understood that the case concerned only the possibility of inadvertent theft, and that the two simply wished to distance themselves from even a suspicion of wrongdoing, he agreed to hear it.

First he wrapped himself in his tallis (Choshen Mishpat, siman 8:2) and then he removed his glasses. He explained to the litigants that, based on Chazal, it is forbidden to gaze at the face of a rasha (Megillah 28a), and that when litigants stand before a judge, the judge should consider them reshaim (Avos 1:8). Cloaked in his tallis, he turned to them and, instead of calling them by name, he called out, “Reuven and Shimon.” These are the customary names that Torah sources use in illustrative examples. “Reuven and Shimon, what is the dispute between you? What is your question of possible theft?”

The litigants saw Rav Yosef consider their case with such gravity and awe that they were struck with terror. They quickly forgave each other for any inadvertent wrongdoing and fled from his home.