Friday, January 24, 2014

Parshas Mishpatim - Peaceful Judgment

Parshas Mishpatim



Peaceful Judgment
By: Daniel Listhaus

וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם

And these are the judgments that you shall place before them.”
-Mishpatim 21:1

Rashi1 comments that this parsha opens with the word “v'eileh” (literally: and these) in order to demonstrate that just as the Aseres Ha'Dibros (Ten Commandments) in last week's parsha were from Har Sinai, so too all of the laws regarding how to rule in cases of monetary dispute and all the other mitzvos listed in this week's parsha and the Torah. The next Rashi2 continues to point out that Hashem told Moshe that the judgments in this week's parsha should be “placed before them [K'lal Yisroel]. Meaning, that Moshe should not merely teach them these halachos (laws) for them to memorize, but that he should teach it for everyone to understand the reasons behind the halachos. Indeed, financial disputes and claims of damage are a big part of every day life and the cause of much stress, strife, and broken relationships. There is therefore no doubt this parsha was chosen to be taught right after the Aseres Ha'Dibros and why Rashi stresses its importance.
The Ba'al Ha'Turim3 points out that the word mishpatim is actually an acronym for: The judge is commanded to make a compromise through arbitration, before judging. This is not a idea that the Ba'al Ha'Turim made up himself, rather it is based on a gemara4, which describes the importance of arbitration before judgment. However, the Ba'al Ha'Turim is stressing the fact that this concept is so important it is an integral part of the word judgment itself.

The question we must ask is What is so great about arbitration that it be hinted to within the word for judgment itself? If anything, arbitration and judgment seem to be almost opposites. Arbitration is compromise, and compromise by definition is inaccurate? Imagine two people are fighting over a certain sum of money. Each one feels that it is fully theirs, and everyone agree that it either belongs to one or the other. If so, compromising and giving each one half the sum, may be nice but it is definitely not true. Shouldn't the job of the beis din (Jewish court)those who love the Torah and emes (truth) and want to know the correct halacha of Hashem to applybe to search out the truth and find out who it really belongs to? There is a system of rights and claims which they should go through the motions of collecting and figuring out until it becomes clear who is the halachik rightful owner of the money or item in question? Why is it that there seems to be something better about getting the parties to compromise than finding out the real truth?

If we take a look at the required qualifications for members of the Executive, Judicial, and Legislative branch in America, they are very different than their counterparts in the Jewish legal system. When it comes to a Jewish king, it seems that the most important quality is to be humble. The king did not have to be a mighty warrior, master tax collector, or a person with good domestic and foreign policies, rather just be someone who was humble. Similarly, the members of the Jewish “judicial branch” were hand-picked by Moshe and were people who met the description of “Men of means, G-d fearing people, men of truth, and people who despise money...”5 Also the “legislative branch” in Judaism – the navi'im and rabbanim and religious leaders who are master interpreters of the Torah via our mesorah (tradition) of Torah she'ba'al peh (Oral Torah) from Har Sinai, were also of such standards.

The common denominator for the three branches of authority within K'lal Yisroel are humble people who know their place and purpose. We look at Moshe rabbeinu, the teacher of all B'nei Yisroel and his successor, Yehoshua, who were the humblest of K'lal Yisroel and the most caring with complete devotion to the nation. They were willing to give up all personal honor for the benefit of Hashem's chosen nation. For example, after the eigel ha'zahav (sin of the golden calf) when Hashem told Moshe that He was going to destroy B'nei Yisroel and create a new nation from Moshe's family alone, Moshe argued and fought for K'lal Yisroel's behalf. Imagine if these would be the requirements of politicians now, there would have to be a 100% government turnover in every country!

The key is that every single member of authority within K'lal Yisroel must keep in mind that they are not the real authority. Hashem is the only authority. No king, president, judge, policeman, or law interpreter, could rightfully maintain their position if they are not holding it with the intention to be secondary to Hashem and understand that they are there for K'lal Yisroel, and not for themselves. If the leader is saying things contrary to the Torah and our mesorah, how are they any different than a navi sheker (false prophet) ? A navi sheker tries to obtain a power of authority and gather a following by pretending to be a navi. However, once he says to do something that is against the Torah, we know he must be a navi sheker because Hashem tells us that a navi cannot command someone to do an aveirah. A person who takes a position of authority within K'lal Yisroel without the humility of internalizing that he himself is a servant to Hashem and without the understanding that he is only in the position to serve K'lal Yisroel, does not really belong in such a position.

The aforementioned gemara which the Ba'al Ha'Turim was referring to brings a statement from Rabbi Yehoshua ben Korcha who said, “It is a mitzva to settle with arbitration”. The proof he brings is from a passuk (verse) in Zechariah,6 “These are the things you shall do: Speak the truth each one with his neighbor; truth, and judgment of peace you shall judge in your cities.” As the gemara points out, the passuk must be referring to arbitration because how else is it possible to have a judgment of peace? Either way the judge rules, the losing side will always be upset. The only way to have a peaceful ruling is in a win-win situation where all parties meet before judgment and figure out the fairest way to resolve the dispute in a way that everyone will walk away happy. Perhaps this cannot always be done, but it is a mitzva to do so and we are obligated to try.

Sometimes, it is easy to get caught up in a position we hold. A king or president could lose himself in all the riches and royal lifestyle that he forgets he is there for the people and not for himself. Policemen and lawmakers could forget that they are not supposed to be an outside party enforcing unwanted laws but rather keeping peace within a country or state according to the votes of the population. So too, a judge could get caught up in seeking “justice” and wanting to know the truth of what happened, but if both parties are willing to come to an agreement then that itself is the truth. Shalom (peace) is itself emes. Hashem wants peace in the world and for us to keep His Torah.

We must always keep in mind not only who we are for ourselves but also who we are in terms of our spheres of influence within our communities and our individual part of K'lal Yisroel as a whole. Are we getting caught up in our own position, or are we keeping in mind with humility that there is only one ultimate position of authority and that we are here to serve K'lal Yisroel with truth and peace?

This is the lesson that the gemara is teaching us which the Ba'al Ha'Turim is stressing as the core of all justice: peace. Justice between two people is only to promote peace. A judge or lawyer who knows all the claims one of the parties could claim to win the case is nice, but that is not the ultimate goal, for then both parties still leave upset at each other – one having won, and one having lost. Rather, the ultimate goal is for there to be peace within K'lal Yisroel following according to the rules of the Torah.


1Rashi Shemos 21:1
2Ibid.
3Ibid.
4Sanhedrin 6b
5See Shemos 18:25

6Zechariah 8:16
Photo Credit: edited picture from http://www.politicspa.com/friday-superior-court-forum-in-harrisburg/28550/ and http://peacesymbol.org/art/svg/peace/peace-symbol/peace-dove/

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