144Examine

darash — Hebrew

Counting witnesses is not the end of the court’s work; it is the beginning. Torah orders the judges to darash — to seek out, inquire, investigate — before any verdict is reached: “And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother” (Deuteronomy 19:18). The same verb governs the gravest charges: the report must be heard, then searched out, until it is found “true, and the thing certain” (Deuteronomy 17:4). Darash forbids a verdict by rumor. A court that rules on what it has merely heard, without inquiry, has broken the law it claims to enforce.

The Root

darash (H1875) — to seek, to inquire, to investigate; to search a matter out.

The Courtroom Word

A procedure term — the judges’ mandatory investigation of a report and its witnesses before any ruling.

Its Role in the Court

Between the report and the verdict stands the inquiry. The judges must search the matter out — question the witnesses, test the testimony, and establish that the thing is ‘true, and the thing certain’ before acting. Darash is what exposes the false witness, and the false witness then receives the sentence he sought for his brother (Deuteronomy 19:19). The order is fixed: hear, inquire, establish, then rule. Skip the inquiry and the court becomes the instrument of whoever spoke first.

Proof Texts

Deuteronomy 19:18 “And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother.” The inquiry commanded.

Deuteronomy 17:4 “And it be told thee, and thou hast heard of it, and enquired diligently, and, behold, it be true, and the thing certain.” Heard, then searched, then certain.

Deuteronomy 13:14 “Then shalt thou enquire, and make search, and ask diligently; and, behold, if it be truth, and the thing certain.” Three verbs of inquiry before any action.

Proverbs 18:17 “He that is first in his own cause seemeth just; but his neighbour cometh and searcheth him.” Why the first report cannot decide the case.

In Plain Terms

Before a judge rules, he has to investigate. Torah commands the judges to search the matter out, question the witnesses, and make sure the thing is true and certain. A ruling made on what was only heard, never examined, breaks the very law it claims to keep.

Bring It Home

The first man to tell his story always sounds right — until the other side is heard and the account is searched out. That is why Torah will not let a court rule on hearing alone. ‘Enquire, and make search, and ask diligently.’ Only then, if the thing is true and certain, does the bench act.

Courtroom Roles

The judges (the examiners) search out the matter and test every witness.
The witness (the one examined) whose testimony must hold up under inquiry.
The false witness (the exposed party) who receives the sentence he sought for his brother.

Where It Sits

IThere Is a Court

IIThe Court Runs on One Code

IIIYou Are Named on the Docket

IVThe Acquittal

VYour Life Is the Testing

VIIt Is All Entered as Evidence

VIIThe Bench Convenes

Movement VI — It Is All Entered as Evidence. Word, deed, and blood — every step of the walk is deposed and filed. Nothing falls off the record.