Deuteronomy 25:1

If there be a controversy, between two men, then they shall come to the judges, and they shall judge them, and give the decision (or outweighing of) righteousness to the innocent, and of condemnation to the guilty.

The implied subject of they will judge them is “the judges”. Compare, “one may not take for security the lower millstone…” [comment on 24: 6].

IF THERE BE A QUARREL BETWEEN MEN. According to the tradition of our Rabbis that stripes are administered to those who are guilty of having violated negative commandments [and not in civil cases, the question arises] what is its [the stripes’] connection with a quarrel between two people? He who eats n’veilah (carrion) in his home is liable to stripes! So also he who sows his field or his vineyard with diverse seeds, or he who cohabits with any of the women forbidden by a plain prohibitive law [i.e., one not involving the court-imposed death-penalty], and all the rest of the negative commandments [are all typical of the transgressions punishable by stripes. All involve negative commandments, not civil suits as is the case in the verse before us.] Additionally, what is the meaning of the phrase and they shall justify the righteous [since a civil case does not involve questions of wickedness and righteousness]? Therefore, the Rabbis have interpreted the verse as referring to plotting witnesses. Scripture says: “In case, If there be a quarrel between two men, and they come high unto judgment and they will judge them through the testimony of two witnesses, as we have been commanded. [Afterwards, two other witnesses came to court and testified that the first pair of witnesses were elsewhere at the time when the event they testified about allegedly took place. Thus the person found guilty as a result of the original testimony is shown to be ‘righteous’ while the plotting witnesses have been proven ‘wicked.’] Then the judges will justify the righteous [through the second pair of witnesses] and condemn the wicked contrary to the first judgment; then it shall be if the wicked man [i.e., the first pair of witnesses] deserve to be beaten. ” This applies to where the command and ye shall do unto him, as he had purposed to do unto his brother as well, but Scripture implicitly excludes the offspring from liability [for it says, and ye shall do unto him, but not to his offspring] as he had ‘purposed to do unto his brother.’ Therefore the witnesses are scourged for their false testimony (Makkoth 2 a-b). cannot be carried out upon them — such being the case if they testified [against a priest] that he is the son of a divorced woman [and therefore not qualified to be a ministering priest in the Sanctuary], or that he is a slave or a bastard [who is prohibited from the priesthood …