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Layers of Law

  The Mishna (Arachin 21a) discusses what to do when individuals do not want to fulfill their obligations. One example is a man who refuses to grant the bill of divorce when he should do so. The Mishna states, “they [the court] shall coerce him until he says, “I wish to do it”.”   Since a divorce must be given voluntarily the question is, how can a husband’s statement, obtained under duress, make the divorce involuntary act? Rambam reasons that the husband actually prefers to do the right thing but his yetzer hara, evil inclination, prevents him from doing the right thing.   Lesson 1: Our yezter ha-ra is ever vigilant and we must therefore strengthen our opposite impulse, the yetzer ha-tov. Lesson 2: The court must measure what is in the best interest of people.  

Judging Others

Mother Teresa said, "If you judge people, you don't have time to love them." To acknowledge to ourselves that we have judged, and that we have identified the root of our judgments, is the first step to a path of compassion. Recognizing that we limit our awareness by assessing others critically can make moving past our initial impressions much easier. Judgments seldom leave room for alternate possibilities. 

Do Not Judge

“I [who study Torah all day] am God’s creature and my fellow [at his work] is His creature.  My work is in the city.  His work is in the field.   I rise early to do my work and he, likewise, rises early to do his.  Just as he is not able to boast of being able to do my work, so I cannot boast of being able to do his. And in case your disciples ever say, 'but I study much Torah while he studies little,' have we not learned that whether you study much or little, the reward is yours, providing you direct your heart to heaven.”   - Berachot 17a

Sorry!

Mayor Fiorello LaGuardia once appointed a judge who turned out to be inept and corrupt.  He was forced to leave the bench.  Who asked about the affair by a reporter, LaGuardia replied, "When I make a mistake, it is a beauty!" It takes  a mensch to know when you are wrong and a great mensch to acknowledge it.

Justice

“Do not show favor to the poor or show deference to the rich; treat your kinsmen with justice.” Lev. 19:15 It is all about fairness and balance.  This only accomplished when there is a level playing field, all are treated the same.

The greatest Gift

When God came to King Solomon in a vision at night offering him whatever his heart desired.  The king did not ask for wealth, power or fame.  Instead, he asked for, “A listening heart to judge people and to be able to discern between good and evil.”   I Kings 3:9

Judge

There are containers with worthless contents and there are old containers with invaluable wine inside.”  -Avot 4:27 Be careful how you judge people.

Be Careful when Judging

When the gaon Rabbi Yom Tov Lippman was rabbi of Krakow there lived a very wealthy man in that city, known as “Stingy Shimon.”  He was despised by all the inhabitants because he never donated any money for charitable purposes.  However, his servant, Shlomie, was well liked, since he gave large sums to the poor.  No one ever questioned how he obtained his money,  nor what business he conducted.  He had been a servant at the home of  “Stingy Shimon” for a number of years, and when he retired he took greater interest in the poor than ever before.  Every day he invited groups of men to his home where they received a wholesome meal and some pocket money.  People admired Shlomie’s devotion and loyalty to the poor.  One day it became known that “Stingy Shimon” had died.    No one attended his funeral and very few people in the city mourned him.   In punishment for his behavior ...

One Law

“Shall not the Judge of all the earth deal justly?” (Genesis 18:25):  Abraham tried to persuade God not to kill the innocent together with the guilty on the planned destruction of Sodom and Gemorrah.  Even God must obey the rules.

Be Careful

Rabbi Shmelke of Nicholsburg said, "When a poor man asks you for aid, do not use his faults as an excuse for not helping him.  For then God will look upon your offenses and He is sure to find many of them.  Keep in mind that the poor man's transgressions have been atoned by his poverty while yours remains with you." -fun Under Alter Other II, p. 99

Judge Wisely

A judge must feel as he himself is faced with a sword pointing at his heart when he is about to pronounce judgement.  - Sanhedrin 7b A life is at stake.  A person can be ruined in the blink of an eye.  This applies to a court of law as well as in our personal interactions.

Righteous Judges

“A judge who renders a true verdict causes the Shechina to dwell in Israel…. a judge must regard himself as if a sword lay between his thighs and as if hell were open the beneath him… Whoever appoints a unqualified judge over the community it is as if he had planted in idolatrous tree in the Jewish community.”   -Yevamot 109b

Judge

"Do not judge another until you have stood in his place." -Pirkay Avot 2:5 So, does this mean that we can judge another person when the find ourselves in the same circumstances as our fellow?  No.  because no two circumstances will ever be exactly alike.

Judge Not Joy

I remember an experience for my student days. I went to a wedding, and when I came back I met him in the Seminary courtyard. He asked me where he had been and I told him. “What kind of wedding was it?” he asked. I began by saying that it was a sad wedding because the groom had no relatives in the bride had no relatives, and the groom had a physical handicap and the bride was up in years. I got less than halfway through what I was going to say when he interrupted me with an exclamation: “How wonderful!” And then I realized that he was right. To me the wedding had seemed sad, but when I saw it through his eyes, from his perspective, I realized he was right. When two lonely people find each other, when two people, each of whom has little beauty, are able to discover the beauty in each other, how wonderful that is! I hadn’t realized it until he showed it to me.  – Rabbi Jack Reimer

Life's Path

“You can afford to starve in a garret as an artist but not as a judge.”   - Rabbi Louis Jacobs There is an saying, "You lie in the bed you have made."  We decide the path which we want to tread.   Alternative explanation:  A judge who is in constant need of food or money will not judge poor and rich equally.  Justice is supposed to be blind.

Separation and Judgment

Dio Cassius wrote that in Greece, Nero took a young boy, Sporus, for a wife as legal and binding.  At the same time, Nero was engaged in sex with Pythagoras. The Rabbis however never imputed to them to the general population.  Instead they commended them for faith and loyalty.   quoted in "Conservative Judaism"  It is not easy to separate what is bad from good.  What we learn from what the Rabbis did not say is that a person who does bad things should not be wholly condemned as irredeemably evil.  Perhaps this is a guiding principle that can lead us into a New Year and a new beginning.

Life or Death

A traveler is journeying from Palestine to Babylon. One morning, he stops to eat his breakfast, and not far off he sees two birds pecking at one another. Suddenly, one of the birds falls over mortally wounded, and the victor flies away. A little sparrow has been watching from a bush nearby; the little bird flies off, but it soon returns carrying a green herb in its beak. The sparrow careful he places the herb in the beak of the dead bird. A few minutes pass then, the dead bird begins to stir. Soon, it sits up and eventually it is strong enough to fly away. The traveller is amazed, and he walks over to the place with the birds have been. There on the ground, he sees that a piece of the magic herb remains, so the man puts it in his pocket.   Then, he sets off toward Babylon. Nearing the city of Tyre, the man comes across a dead lion that the local people have pushed over to the side of the road.   Ah, thinks the man, here is my chance to try out the wondrous herb. ...

Peer In

A parable : Once there was a king who held daily court for his people.   They would line up for a chance to see the monarch, or better, to have a word with him. One poor man showed up regularly.   In his rags he would present the king with a fruit on each occasion. The king graciously accepted it and then threw it aside, seeing the source it came from. For ten years the beggar showed up at the palace and presented his gift.   One day, a monkey escaped from its cage, grabbed the proffered fruit, and took a bite.   Squealing in pain the monkey threw it aside, revealing a precious gem inside. Mishna: "Do not look at the container but its contents." (Avot 4:20)

Who We Are and Who We are Not

A famous woman met an old friend, now a laborer. “How are you?” she asked her friend. “Making a living,” came the reply.   “And how about you?” “Oh, I have tsooris , but tell me what do you do?” “I make a living rom writing.” “Is that so?   From writing?? Do you know it never entered my head to take up such a business?” From the outside all else looks simple, easy.   In this story the questioner assumes that writing is as simple as, well, writing.   But it, like other professions, is a honed skill.   Not only does everyone have his or her place but we all work to refine our profession. Moral?   Do not assume anyone’s job or craft is simple.

To Judge

  An American couple found themselves in Paris and decided to visit the Louvre. As they walked from gallery to gallery, they would comment on each work of art. They would stand before a painting and say: this one's nice - that one not so   much… this painting is too dark, that one is boring, there is something wrong with the proportions in that painting. Now, you should know the guards who work in art museums are not just ordinary guards. They spend many hours with the masterpieces and have a very personal relation with these works of art. As the visitors stood in a gallery passing judgment over one particular work, a guard came over and said: "Excuse me but you have it backwards. You are not here to judge these works of art; they are here to judge you. They were here long before you came to the Louvre and they will be here long after you're gone. How you see them is a measure of your character, your vision, your insight. -   Rabbi Mark Greenspan