‏ Proverbs 18:17

Pro 18:17 17 He that is first in his controversy is right;      But there cometh another and searcheth him thoroughly - an exhortation to be cautious in a lawsuit, and not to justify without more ado him who first brings forward his cause, and supports it by reasons, since, if the second party afterwards search into the reasons of the first, they show themselves untenable. הראשׁון בּריבו are to be taken together; the words are equivalent to אשׁר יבא בריבו בראשׁונה: qui prior cum causa sua venit, i.e., eam ad judicem defert (Fl.). הראשׁון may, however, also of itself alone be qui prior venit; and בריבו will be taken with צדיק: justus qui prior venit in causa sua (esse videtur). The accentuation rightly leaves the relation undecided. Instead of יבא (יבא) the Kerı̂ has וּבא, as it elsewhere, at one time, changes the fut. into the perf. with ו (e.g., Pro 20:4; Jer 6:21); and, at another time, the perf. with ו into the fut. (e.g., Psa 10:10; Isa 5:29). But here, where the perf. consec. is not so admissible, as Pro 6:11; Pro 20:4, the fut. ought to remain unchanged. רעהוּ is the other part, synon. with בעל דין חברו, Sanhedrin 7b, where the אזהרה לבית־דין (admonition for the court of justice) is derived from Deu 1:16, to hear the accused at the same time with the accuser, that nothing of the latter may be adopted beforehand. This proverb is just such an audiatur et altera pars. The status controversiae is only brought fairly into the light by the hearing of the altera pars: then comes the other and examines him (the first) to the very bottom. חקר, elsewhere with the accus. of the thing, e.g., ריב ,., thoroughly to search into a strife, Job 29:16, is here, as at Job 28:11, connected with the accus. of the person: to examine or lay bare any one thoroughly; here, so that the misrepresentations of the state of the matter might come out to view along with the reasons assigned by the accuser.
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