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The Torah commands: "Pursue justice, justice" (Devarim 16:20). The gemara (Sanhedrin 32a) says that this refers to justice in din (strict law) and peshara (compromise). How is a dayan supposed to know when to do din and when to do peshara? Is peshara ever required? Is it always permitted?
The basic guideline is based on the following gemara. "Rabbi Yehoshua ben Korcha says: It is a mitzva to [offer a] compromise, as it says: ‘Truth and a judgment of peace you shall judge in your gateways’ (Zecharia 8:16). Isn’t it so that when there is judgment there is not peace, and when there is peace there is not judgment? Which judgment includes peace? This is compromise. What is the mitzva he refers to? The mitzva is to open by saying: ‘Do you want din or peshara?’" Indeed the Shulchan Aruch (Choshen Mishpat 12:2) says that the dayan should open with the question of which type of judgment they prefer.
It is interesting that before the beginning of a process that is supposed to reveal the truth, the dayan is supposed to propose a solution to obviate a proper conclusion. Why run away from justice? The explanation is as follows. When a dayan suggests a peshara before the process begins, he is not forcing anything on anyone. Both parties will have to agree to the peshara alternative; if either side refuses, the hearings will begin normally with no prejudice. Furthermore, in many cases, both sides have strong elements of truth in their claims, but it is difficult for this to find expression in din, where, in general, the one who has more truth or starts with possession wins all. The fact that each side accepts compromise also allows the sides to express that they realize that the other side is not without virtue, which is also an element of justice. The good feeling from the fact that the other side was willing to give up part of what he thinks he deserves certainly adds an element of peace, which Zecharia (see above) connects to justice.
On a practical basis, compromise is usually faster and cheaper. It also takes much less of a toll on one’s nerves, the concentration he needs to succeed in his other involvements, and even, sometimes, his health. One who "wins" does not always win but sometimes, in terms of values that matter, just loses less. It is a required chesed for the dayanim to offer these gains to the sides.
There are times when beit din will have no choice but to employ elements of peshara even within din and even without the permission of the sides, but that is the subject of another discussion. In the meantime, we bless ourselves that our batei din will have the wisdom to find many good solutions for the problems and needs of Am Yisrael in the realm of justice, In doing so, we would be hastening the time about which the navi says: "I will return your judges as of old and your advisors as originally. Then you will be called the city of justice, a faithful inhabitance" (Yeshaya 1:26).
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
