Unauthorized Compassion

Rabbi Reuven Mann

This week’s Parsha, Shoftim, describes the various institutions by which the Jewish People are to be governed when they establish a society in the Land of Israel. First and foremost is the judicial system whose purpose is to judge the people “at all times”. What makes the Torah’s legal mechanism unique is its absolute insistence on Tzedek (righteousness).

The Torah’s Demand for True Justice

To achieve this, special judges of a very refined character must be chosen. The true Dayan (judge) must be on a very high level of Torah scholarship. He has to have a broad knowledge and deep understanding of both the Written and Oral Laws. His primary task is to apply the abstract Halacha (Jewish law) to the issue before him. He therefore in addition to all the wisdom he has acquired must be able to analyze complicated matters from various angles and to understand sophisticated logical concepts. He must also be able to discern how these principles are manifest in contemporary circumstances.

For example, electric appliances did not exist in the time period of the Revelation, nor for many subsequent years during which the laws pertaining to Shabbat were elucidated and recorded in the Talmud and the various Codes. Yet, this is a very serious topic pertaining to the laws of Shabbat and Yamim Tovim (Holidays) in our time. Are we permitted to turn on electric lights and use our appliances on Shabbat? The great scholars who have mastered the fundamental principles of Melachot Shabbat (Sabbath Labor) have the daunting task of applying these principles to the current technological realities. Not only must they have expert understanding of the Talmudic principles, but they must also have an understanding of modern technology and the ability to creatively apply abstract concepts to the newfound situation.

Therefore, first and foremost, true justice demands appointing judges of the highest intellectual caliber. But even the wisest and most knowledgeable individual can have his judgment impaired. This can happen when the mind is not free because certain emotions which distort reason have entered the picture. Even sagacious judges have prejudices or have become subject to bribery by those who offer great rewards for a specific judicial outcome.

[Note: The great Rabbis were meticulous in avoiding even the slightest Shochad (bribery). For example, in Ketubot 105b, Ameimar, while judging a case, had a feather land on his head. A man removed it, and when Ameimar learned he was a litigant, he said, “I am disqualified from your case due to the favor you performed for me.”]

Bribery can take many forms. It’s not always a matter of an interested party with lots of money. The distorting factor can stem from within the judge’s own soul. For example, there can be a monetary dispute between a very poor person and an extremely wealthy one, who will not even notice the loss of money he would sustain if he lost the case.

When Compassion Corrupts Judgment

The judge in the case may be a very righteous and caring individual who is greatly pained by the sorry circumstances of the poor disputant. He wants to help him and can’t imagine why the rich guy can’t just let him have the money of which he himself has absolutely no need. He can actually feel the anger welling inside himself.

However, when he considers the issues of the case he sees they are not cut and dry, but contain significant complexity. At a certain point it may become clear to him that if he so desires he can “find” for the poor fellow and easily justify his decision. No one will criticize his conclusion and a great deed of charity will have been done.

But there is a nagging problem. He has intensely studied the matters involved in the case and while they are difficult, his own purely legal judgment favors the side of the rich plaintiff. While it is a close call he personally is convinced of the rich man’s case. If all things were equal, he would rule for the wealthy plaintiff, but he is overcome by his pity for the impoverished party and decides to do the compassionate thing and award the victory to him. What does the Torah have to say about this?

This matter is addressed by Rashi in two places. The verse in Deuteronomy implores us, “You shall not show favoritism in judgment, small and great alike shall you hear…” (Devarim 1:17). Rashi there explains the context as a case where a poor man is pitted against a rich one and the judge is being warned not to say, ‘This one is poor, and his fellow litigant is rich, and he is commanded to support his poor fellow. I will rule in favor of the poor one, and thus it will happen that he will get his livelihood in a dignified manner.’ (Rashi Devarim 1:17).

This point is reiterated in VaYikra 19:15, which states:

“You shall not commit a perversion of justice, you shall not favor the destitute man, and you shall not honor the great man; with righteousness shall you judge your fellow”.

On the words, “You shall not favor a destitute man”, Rashi again explains that you may not distort the judgment of a case in favor of the poor man so that he may be financially sustained in a dignified manner.

According to the Torah, this judge, in the course of trying to do a righteous deed, has, in fact, committed a serious Aveira (transgression), that of corrupting justice. But we must ask why the Torah speaks so harshly against a judge who has a good heart and wants to adjudicate the case in the most beneficial and compassionate manner.

The answer is that it is definitely true that compassion is one of the greatest human virtues, and in fact, makes up one of the three defining characteristics of the Jewish people who are depicted as: Rachmanim (merciful), Baishanim (modest) and Gomlei Chasadim (practitioners of loving-kindness). (Yevamot 79a) Therefore, the fact that the judge wants to be merciful to the impoverished litigant is a good thing, so long as he prevents that impulse from distorting true Mishpat (justice).

Yet, if he should abandon his legal understanding in favor of his merciful heart, he is manifesting false compassion and introduces corruption to the judicial system. His following of his merciful heart constitutes a flagrant violation of the ideal of Tzedek. The laws we are to live and govern society by are righteous ordinances from Hashem, and they may not be tampered with, but must be executed as faithfully as possible.

Balancing Justice and Compassion

The Torah is structured with the two distinct values of justice and compassion. Sometimes they need to be kept separate from each other. A doctor may be motivated by his compassion to dedicate himself to the healing of a patient with a very complicated condition. But in carrying out that goal he must put his emotions aside and search with his mind for the most logically compelling treatments. If he succeeds, it will be as a result of a combination of heart and mind working together in which each operates in its own unique area of effectiveness.

Similarly, the institution of justice must be pure and can’t be tainted by the imposition of emotional determinations in the place of accurate Halachik (Jewish legal) conclusions. The judge must rule according to his wisdom and in this case award the judgment to the wealthy person in spite of the fact that he has no need of the money. In a way, we can say that it is Hashem’s Will that the rich person should have that money; not necessarily in the direct sense, but indirectly, by having established the judicial system in this manner.

It is not Hashem’s Will that the poor person should win the case, but that it should be determined exclusively by the natural unfolding of the Halachik process. If that causes the rich man to prevail then that is what we must regard as the Will of Hashem. The judge must first and foremost be true to the Will of Hashem and decide all cases wherever the Halacha leads him without any deviation even for the sake of lofty social ideals. The practical consequences of his decision cannot be a factor in determining the outcome. In that sense he must “check his compassion at the door” before he begins the trial.

The truly perfected judge is the one who adheres to the laws of Hashem even when the outcome may go contrary to certain of his moral values. Thus, if there is a case in which a poor person loses to a significantly wealthy one, the true verdict must be delivered. 

However, the matter should not end there. At this point the virtue of compassion should enter the scene. We should all be cognizant of the plight of the Ani (poor person) and seek to help him according to the principles of Tzedaka (Charity) and Chesed (Kindness) and be especially careful to do so in a manner which does not violate his honor.

Justice in Our Own Lives

The message of our Parsha is of great relevance to every one of us, including those who are not judges. We, too, must act according to the principle of justice in all our many varied relationships. This requires an ability to be competently analytical and thoroughly objective in matters in which we are personally involved.

Many people are very shrewd in detecting the flaws of others, even very subtle ones; but are thoroughly blind when these shortcomings are present in their very own behavior. Thus, when it comes to judging other persons we can be very demanding and are often unwilling to judge them more charitably and strive to look at what they did in a lighter, more easygoing, and forgiving manner.

And if we are to be judges of others, we must have the capacity to judge ourselves. We must be able to put aside our natural feelings that we are good people, and are therefore correct in most of our social interactions. We must be able to look at actions we have taken with the same uncompromising objectivity that we apply to others. Likewise, we must certainly not behave like those who condemn certain things in others but justify them in themselves.

Perhaps an additional interpretation of “Justice, justice shalt thou pursue” (Devarim: 16:20) is that we must seek to implement justice with regard to others, where it is easier to be penetrating and objective, and also with ourselves, where there is a natural tendency to soft-pedal blatant wrongdoings and rationalize away unworthy behaviors.

The person who loves truth and Tzedek reaches the point where he is very open to admitting his mistakes, and might even develop an appreciation for concerned people who offer intelligent and sound criticism with the best of intentions. The true servant of Hashem is always striving to become a better, more just, truthful and (appropriately) compassionate individual.

May Hashem assist us in this matter.

Shabbat Shalom.