Skip to main content

Thought for the Day: You Get What You Project

ד,ט [ז] רבי ישמעאל בנו אומר, החושך עצמו מן הדין, פורק ממנו איבה וגזל ושבועת שוא;
והגס ליבו בהוראה, שוטה רשע וגס רוח.
Rabbi Yishmael his son said, one who refrains from being a judge, rids from himself hatred [...]

The Rav mei'Bartenura (in his first explanation) says that this refers to someone who refrains because there is someone more qualified available to judge this case.  The hatred that he is avoiding is the because whoever loses is going to hate the judge (he will feel the judge didn't hear him out, or was biased toward the other party, etc).  So according to this explanation, the hatred will only be engendered toward a judge who is not the most qualified available.  On the other hand, one who accepts to judge a case because there is no one more qualified will not suffer being hated.  But why not?  Moreover, it would seem from the Rav's explanation that a world class judge who is not quite the most qualified available will be hated; whereas a mediocre judge who is the best available will not be hated!

Perhaps we can answer using one of the fundamental features of the human psyche that has been revealed to us by Shlomo haMelech.  To whit, Mishlei 27:19:
כַּמַּיִם, הַפָּנִים לַפָּנִים--    כֵּן לֵב-הָאָדָם, לָאָדָם.
The way a person feels in his heart will be reflected back to him from others.

The judge who is not the most qualified available is putting his own self interest above the Torah.  That mida is reflected in the complainants and whoever loses is going to be seeing his self interest damaged; of course he will hate the judge.  A judge who only takes a case because there is no one more qualified has put Emes and Torah first and himself second.  That selfsame mida will be reflected even in the one who loses.

Comments

Popular posts from this blog

Thought for the Day: Pizza, Uncrustables, and Stuff -- What Bracha?

Many years ago (in fact, more than two decades ago), I called R' Fuerst from my desk at work as I sat down to lunch.  I had a piece of (quite delicious) homemade pizza for lunch.  I nearly always eat at my desk as I am working (or writing TftD...), so my lunch at work cannot in any way be considered as sitting down to a formal meal; aka קביעת סעודה.  That being the case, I wasn't sure whether to wash, say ha'motzi, and bentch; or was the pizza downgraded to a m'zonos.  He told if it was a snack, then it's m'zonos; if a meal the ha'motzi.  Which what I have always done since then.  I recently found out how/why that works. The Shulchan Aruch, 168:17 discusses פשטיד''א, which is describes as a baked dough with meat or fish or cheese.  In other words: pizza.  Note: while the dough doesn't not need to be baked together with the meat/fish/cheese, it is  required that they dough was baked with the intention of making this concoction. ...

Thought for the Day: Yetzer HaRa -- Spiritual Force of Tuma vs Physical Ta'avos

In any project planning, there are two basic approaches: top down and bottom up.  Top down starts with describing what you want done at the highest level that seems reasonable.  You then break that down into a list of things that are smaller in scope (they only accomplish part of the job) and are therefore easier to actually accomplish.  That process can is then repeated with each sub-project.  Each iteration produces a new set of smaller projects.  For any of the projects, the level above provides the "why" for the project of interest, and the projects below provide the "how" for the current project.  Bottom up starts, as it's name suggests, from the lowest level -- here is stuff I know I can do, and proceeds by asking "what can I do by putting this stuff together?" For example, I have a project to slake my thirst.  Top down would start by a requirement to get a cool drink into a container from which I can drink.  That breaks down into: (1) fin...

Thought for the Day: Why Halacha Has "b'di'avad"

There was this Jew who knew every "b'di'avad" (aka, "Biddy Eved", the old spinster librarian) in the book.  When ever he was called on something, his reply was invariably, "biddy eved, it's fine".  When he finally left this world and was welcomed to Olam Haba, he was shown to a little, damp closet with a bare 40W bulb hanging from the ceiling.  He couldn't believe his eyes and said in astonishment, "This is Olam Haba!?!"  "Yes, Reb Biddy Eved,  for you this is Olam Haba." b'di'avad gets used like that; f you don't feel like doing something the best way, do it the next (or less) best way.  But Chazal tell us that "kol ha'omer HaShem vatran, m'vater al chayav" -- anyone who thinks HaShem gives partial credit is fooling himself to death (free translation.  Ok, really, really free translation; but its still true).  HaShem created us and this entire reality for one and only one purpose: for use...