Thursday, August 1, 2013
Ethics of Our Fathers Chapter 1 Mishna 8: The Power of Teshuva after Judgment
5:50 AM | 
Posted by
Rabbi Chaim Coffman |
Yehudah ben Tabbai and Shimon ben Shatach received the oral tradition from the preceding. Yehudah ben Tabbai said: Do not (as a judge) play the part of a counselor; when the parties in a lawsuit are standing before you, regard them both as guilty but when they go away from you; after having submitted to the judgment, regard them both as innocent"
The first part of the Mishnah is talking about a case when a person is judging a case (whether it be a case of damages or divorce), that they should not reveal their thoughts on the case to one of the sides. This would certainly show favoritism and when people hear this, they will speak badly against him. The judge has to be impartial in all aspects of the case and must not give any advantage to either side.
Even at the beginning of the case, the Mishna continues, the judge should not lean to either side and think that he is the correct party. The reason is obvious, it will be considered corruption and illegal favoritism to one party! Therefore, each person as they appear in front of the court, must be looked at as guilty until the facts are clear to see which party is right.
When the two leave the courtroom, the judges must look at the two as being righteous, and after having submitted to the judgment, they should be regarded as innocent. The problem with this is that it is very difficult to look at one of them in this manner. The reason is that the judgement was against them and therefore must have lied during the proceedings!
The answer is that the person has surely accepted the judgment and even though he was found obligated to pay or whatever the other side claimed, nonetheless, we assume that he has done teshuvah and that the person will never do what they have done again. What an amazing statement! Even though the person is guilty, we assume that he will do teshuvah for the wrong that he did!
Normally when two sides come to beis din, each side has surely aggravated the other to no end. The reason they are coming to beis din in the first place is to air their grievance and have them decide who is right and who is wrong. When one side is ruled for over the other, the "wronged" side, after all the aggravation, will still want to do teshuvah for their previous misconduct. Incredible!
This is exactly what the Mishnah is telling us. Once the process is over and the beis din decides, that experience alone could put the fear of G-d into a person and cause them to have regret over what they have done. Is there any people in the world like the Jewish people?
The first part of the Mishnah is talking about a case when a person is judging a case (whether it be a case of damages or divorce), that they should not reveal their thoughts on the case to one of the sides. This would certainly show favoritism and when people hear this, they will speak badly against him. The judge has to be impartial in all aspects of the case and must not give any advantage to either side.
Even at the beginning of the case, the Mishna continues, the judge should not lean to either side and think that he is the correct party. The reason is obvious, it will be considered corruption and illegal favoritism to one party! Therefore, each person as they appear in front of the court, must be looked at as guilty until the facts are clear to see which party is right.
When the two leave the courtroom, the judges must look at the two as being righteous, and after having submitted to the judgment, they should be regarded as innocent. The problem with this is that it is very difficult to look at one of them in this manner. The reason is that the judgement was against them and therefore must have lied during the proceedings!
The answer is that the person has surely accepted the judgment and even though he was found obligated to pay or whatever the other side claimed, nonetheless, we assume that he has done teshuvah and that the person will never do what they have done again. What an amazing statement! Even though the person is guilty, we assume that he will do teshuvah for the wrong that he did!
Normally when two sides come to beis din, each side has surely aggravated the other to no end. The reason they are coming to beis din in the first place is to air their grievance and have them decide who is right and who is wrong. When one side is ruled for over the other, the "wronged" side, after all the aggravation, will still want to do teshuvah for their previous misconduct. Incredible!
This is exactly what the Mishnah is telling us. Once the process is over and the beis din decides, that experience alone could put the fear of G-d into a person and cause them to have regret over what they have done. Is there any people in the world like the Jewish people?
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