The mishna in Avos (5:17) begins with this surprising statement:
While the Torah requires a death sentence for certain crimes (murder among them), only a court of 23 expert judges can render such a decision. The Torah requires an odd number of judges on any tribunal in order to prevent deadlock. Suppose though, that it is the unanimous decision of the court that the defendant by executed. You may very well be thinking, "Ah yup. That dude must really be guilty! Off with his head!" Well, what do you know? You are wrong again. Chazal tell us that if the court rules unanimously for conviction of a capital crime, then the defendant is acquitted (Sanhedrin 17a).
Yes, you heard/read correctly; acquitted. Why? er... WHY?! No worries, the gemara explains: a sentence of death cannot be rendered until the judges have had a night to ponder their decision and thus create the possibility of acquittal. That is a Torah requirement. Since the judges are of one mind, the requirement to ponder the decision cannot be fulfilled. The defendant is therefore acquitted. Sounds almost like the loophole of not having been read his rights, eh?
But there's more. Suppose one has a tribunal of three judges and one judge just cannot make up his mind; "I just don't know, and that's my final word." In that case the halacha is that another judge be added to the tribunal; and that is so even if the two other judges rule the same way. Strange, no? Once two judges have voted for the plaintiff or the defendant, the vote of a third judge cannot possibly change the outcome. We appoint another judge, though, because a just who can't decide is considered halachically as absent. Absent to the point that our tribunal has the halachic status of a tribunal with only two judges; which, being an even number, is unfit to function as a court.
What's going on? What's with this loophole? When the Creator injects a loophole, it is not -- Heaven forfend! -- an oversight; it is the revelation of a deep principle. Without real, meaningful discussion, truth cannot be discovered. Real, meaningful discussion only occurs when there is a disagreement. The word מַחֲלֹקֶת does not mean dissension and strife. The root verb of מַחֲלֹקֶת means to distinguish and delineate, so מַחֲלֹקֶת means controversy and division. Of course מַחֲלֹקֶת can be used to sew strife and discord, but that is because this very powerful tool is being wielded by participants with an agenda.
Similarly, לְשֵׁם שָׁמַיִם does not mean "religious fervor"; it means, without thought to personal gain. The deeper meaning of לְשֵׁם שָׁמַיִם is for the sake of finding the Truth, which is the signet/seal of HaShem. Of course that can only happen with a religious fervor, but -- again -- that is a very powerful tool and can be misused by those who have their own agenda. (For those of you who like Tolkien references: Gandalf the White only involved himself with מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, whereas Saruman -- who also appeared white but was really of different colors -- was constantly whipping up מַחֲלֹקֶת שֶׁאֵינָהּ לְשֵׁם שָׁמַיִם to further his one agenda.)
To find the Truth, you need controversy to enable seeing all sides before coming to a conclusion. That is why every מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם endures forever. It is Truth, which is forever.
כָּל מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, סוֹפָהּ לְהִתְקַיֵּם.Loosely (and not entirely inaccurately) translated: Every argument that is made out of religious fervor will last forever. You may very well be thinking, "Ah yup. Religious nuts are destroying the world and they never stop!" Yet the mishna there is actually praising a מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם and condemning its evil cousin, the מַחֲלֹקֶת שֶׁאֵינָהּ לְשֵׁם שָׁמַיִם. To appreciate what Chazal are telling us, we are going to need to more carefully define what a מַחֲלֹקֶת is, and also what it means to be לְשֵׁם שָׁמַיִם.
While the Torah requires a death sentence for certain crimes (murder among them), only a court of 23 expert judges can render such a decision. The Torah requires an odd number of judges on any tribunal in order to prevent deadlock. Suppose though, that it is the unanimous decision of the court that the defendant by executed. You may very well be thinking, "Ah yup. That dude must really be guilty! Off with his head!" Well, what do you know? You are wrong again. Chazal tell us that if the court rules unanimously for conviction of a capital crime, then the defendant is acquitted (Sanhedrin 17a).
Yes, you heard/read correctly; acquitted. Why? er... WHY?! No worries, the gemara explains: a sentence of death cannot be rendered until the judges have had a night to ponder their decision and thus create the possibility of acquittal. That is a Torah requirement. Since the judges are of one mind, the requirement to ponder the decision cannot be fulfilled. The defendant is therefore acquitted. Sounds almost like the loophole of not having been read his rights, eh?
But there's more. Suppose one has a tribunal of three judges and one judge just cannot make up his mind; "I just don't know, and that's my final word." In that case the halacha is that another judge be added to the tribunal; and that is so even if the two other judges rule the same way. Strange, no? Once two judges have voted for the plaintiff or the defendant, the vote of a third judge cannot possibly change the outcome. We appoint another judge, though, because a just who can't decide is considered halachically as absent. Absent to the point that our tribunal has the halachic status of a tribunal with only two judges; which, being an even number, is unfit to function as a court.
What's going on? What's with this loophole? When the Creator injects a loophole, it is not -- Heaven forfend! -- an oversight; it is the revelation of a deep principle. Without real, meaningful discussion, truth cannot be discovered. Real, meaningful discussion only occurs when there is a disagreement. The word מַחֲלֹקֶת does not mean dissension and strife. The root verb of מַחֲלֹקֶת means to distinguish and delineate, so מַחֲלֹקֶת means controversy and division. Of course מַחֲלֹקֶת can be used to sew strife and discord, but that is because this very powerful tool is being wielded by participants with an agenda.
Similarly, לְשֵׁם שָׁמַיִם does not mean "religious fervor"; it means, without thought to personal gain. The deeper meaning of לְשֵׁם שָׁמַיִם is for the sake of finding the Truth, which is the signet/seal of HaShem. Of course that can only happen with a religious fervor, but -- again -- that is a very powerful tool and can be misused by those who have their own agenda. (For those of you who like Tolkien references: Gandalf the White only involved himself with מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, whereas Saruman -- who also appeared white but was really of different colors -- was constantly whipping up מַחֲלֹקֶת שֶׁאֵינָהּ לְשֵׁם שָׁמַיִם to further his one agenda.)
To find the Truth, you need controversy to enable seeing all sides before coming to a conclusion. That is why every מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם endures forever. It is Truth, which is forever.
Comments