THE JERUSALEM INSTITUTE OF JEWISH LAW Rabbi Emanuel Quint, Dean Lesson #26A - Conduct of the Judges This lesson should by right be Lesson 29. It should follow lesson #28 that deals with personal qualities of a judge. But after reading Phil Chernofsky's opening column in TT 404, I thought that this topic should be moved up to this week. In Lesson #1 I wrote about the young lawyer who inquired of her rabbi if Jewish law covered fraud in sales. He answered "Judaism doesn't get involved in these areas." I showed there how preposterous it was to think that even rabbis could display such a lack of knowledge of Torah. One might think that the first Parsha after Yitro with the giving of the Torah would commence with laws of Kodshim (sacrifices), Beth HaMikdash, the Parsha of Kedoshim, Shabbat, Family Purity, etc. But instead it commences with the laws of relationships between man and his fellow man. Some think that there is a dichotomy in Jewish law (Halachah) between "bein adam Lamakom" (between man and God) and "bein adam lachavero" (between man and man). Nothing can be further from the truth. By commencing the laws of civil law following the giving of the Torah, God showed us that the dichotomy is not as aforesaid. But rather the second segment, while called "bain adam lahcavero", is really a triangle, consisting of God, man and his fellow man. God is in both sides of the dichotomy. A referee in a football game who closes his eyes to the truth, causes falsity to become the prevailing value. This is especially true when so many of the participants in the football game are outwardly observant Jews. As Phil so accurately stated, "they cannot see the Torah values that they have trampled upon." They distort the intent of God in giving us all types of laws including civil laws and conduct at sporting events. What is the conduct required of a judge? In Hoshen haMishpat chapter 8 we find that the judges must sit in fear of the Almighty and in a serious manner. The judge should see himself as if a sword were lying on his neck and as if purgatory were open before him. The judge should know whom he is judging and before Whom he will be required to give an accounting in the future if he perverts the cause of justice. The judge is judging the children of God. Any judge who does not render a truthful judgment causes the Divine presence to depart from the people Israel. Every judge who intentionally and wrongfully causes money to be taken from one litigant and to be given to another will in turn be judged by the Almighty and pay with his own life. Every judge who judges a truthful judgment even if only for one hour (the time of a football game) causes the Divine presence to dwell among the people Israel and is equivalent to perfecting the entire world. (Shabbat 10a) During the Days of Awe we say many prayers in which there are references to judgment not only as an attribute of God, but also as a name of God. Judgment is His name. The judge is a partner in sustaining the world by firming up one of the pillars upon which it stands. A judge is forbidden to act in an arrogant manner with the community. The judge should act with humility and restraint. The judge should be patient with the troubles and burdens of the community. It is incumbent on the community to treat the judge with respect and honor. The judge should not act in an irreligious manner or become rude or drunk in public. It is forbidden to slight the messenger of the Beth Din. If a person vexes the messenger of Beth Din, the messenger should report it back to the Beth Din so that they may take appropriate action to punish the offender. In his personal life and in his professional life, the judge must never behave in a manner that would cause others to disrespect him. I wrote in Lesson #1 "Ask an Orthodox Jew, "If one wants to be pious, which laws should he or she perform?" This indeed is a question posed in the Talmud (Baba Kamma 30a). Most of us would answer "The laws taught in tractate Shabbat, or tractate Niddah, or tractate Chulin (dealing with kashruth) or tractate Avoth, or tractate Berachot". Indeed, the Talmud, amongst its three answers names the latter two tractates. But the Talmud, in its infinite, infallible wisdom quotes another opinion, that in order to be pious one should fulfill the teachings of tractate Nezikin (Baba Kamma, Baba Metzia, and Baba Bathra). I have no doubt that every person on the football field that day, whether observant, or not, thought of himself as being basically honest. The observant Jew should also have thought where are the standards of honesty found, if not in the Torah? The persons who won a game knowing that they did not actually win must have wondered the next morning in the synagogue when the Ten Commandments were being recited by the Torah reader, "Did I fully comply with them in accepting the victory?" What about not to steal? Did the referees show the players that one should admit a mistake? Will the referees come to the players on the losing team on Erev Yom Kippur and ask for forgiveness? If the answer to this last question is yes, why not admit it now? I conclude with something else that I wrote in Lesson #1: "In fact the Talmud goes on to say that when a person reaches the Next World, the first question he or she will be asked is "Did you conduct your business transactions faithfully?" (Shabbat 31a) On Yom Kippur during the confessional we say that we seek forgiveness for the sins committed in our business dealings. Thus one of the six orders of the Mishna and Talmud is devoted to Nezikin; of the 14 books of Maimonides code of Jewish Law (Yad HaChazaka) over 3 are devoted to the laws of nezikin. In the Shulhan Aruch one of the four parts (three of ten volumes) Hoshen haMishpat deals with nezikin. With this as background, we shall attempt in future essays to familiarize the reader with some of the laws of nezikin, so that one can be a better Jew and answer HaShem in the Next World, "Yes we dealt faithfully in our business transactions." "Yes, we dealt faithfully in our sporting transactions. The subject matter of this lesson is more fully discussed in Vol. 1, Chapter 7, of A Restatement of Rabbinic Civil Law by E. Quint. (On sale at Pomeranz's Book Store. Volumes ordered from Pomeranz can be inscribed by the author.) Address comments to quint@inter.net.il Ed. note: Rabbi Quint used the ATFI story that I presented in last week's lead tidbit as an example for some of the material in his lesson this week. Neither of us was implying that anyone involved acted in intentional violation of Torah teachings and values. Whether you, dear reader, agree that mistakes in judgment or behavior were made or not, treat matters as hypothetical, and hear what we were trying to say and the lessons we were trying to teach. - PC [The Truma Homepage]
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