The Torah portion of Mishpatim, which means “judgments,” follows the awesome experience at Mount Sinai and the giving of the Ten Commandments. According to the Sefer HaChinuch, which enumerates all 613 mitzvot in the Torah, there are 53 mitzvot in this portion. Coming after the all-encompassing fundamental principles of the Ten Commandments, this portion begins to delve into the details of Jewish law and practice.
In a number of places in the tractate of Sanhedrin, important and essential discussions are recorded regarding the purpose of courts, judges and the execution of judgment. Throughout all of the numerous discussions, the main thrust is, consistently, how and when to try to bring the two sides of a dispute into a compromise and promote peace, and when to try to establish the truth, no matter what the outcome or social fallout.
The Ba’al Haturim, on the verse: “And these are the judgments [hamishpatim] that you shall set before them” (Shemot 21:1), comments that the word hamishpatim, המשפטים, is a notarikon for, “The judge is commanded to negotiate a compromise before entering into judgment.”
הדין מצוה שיעשה פשרה טרם יעשה משפט
Although both peace and truth are important, judges are instructed to try to facilitate peace and compromise whenever possible. Only if all attempts at compromise fail, should a case go for judgment. Ultimately, compromise and justice are not in conflict (See Sanhedrin 6b; 32b).
The idea of compromise is not limited to merely matters of civil justice but is found in many different areas of Jewish thought and practice. Perhaps the phrase that best encapsulates the idea of compromise and the complimentary dynamic of inclusiveness when applied to the process of deciding Jewish law is that “these and these are the words of the living God”. Even when deciding that one of two or more opinions is in the end the law we live by, not only are the nonaccepted opinions included for posterity in the Talmud but in many cases the law that is established takes into consideration the other opinions in formulating that particular law. We give honor to rejected opinions by not labeling them wrong, out of recognition that also they hold a kernel or more of truth as well.
In hundreds of cases in the Talmud, the Sages would in what first appears to be diametrically opposed opinions employ the perspective that in truth what is being spoken about is not a disagreement at all, rather one statement applies to one type of circumstance whereas a seemingly different statement is speaking about a different set of circumstances, therefore, there is no disagreement at all – both opinions are correct.
In Jewish law there is an ideal way in which to fulfill the mitzvah referred to as l’chatchila, that is a priori, in the [ideal] first instance. Yet, despite this lofty goal there is built into every law an after the fact manner in which one can fulfill the mitzvah termed bidiavad, even though it is not the ideal manner. Although many people think Jewish law is very black and white with very little grey in between, this impression is quite the opposite of the truth. There is much grey area in every facet of Jewish law that is profoundly adaptable depending on a host of extenuating circumstances.
The art of compromise entails an attitude of respect, a desire for peace and an overall attitude of inclusion and empowerment. One who is motivated by ego and the desire to rule over others seeks to accumulate power for himself at the expense of everyone else. One who operates from an attitude of promoting compromise seeks to be as inclusive as possible while making others feel a part of decision making and appreciated for their contributions.
There is yet another important aspect of inclusiveness in the context of compromise and to understand this we must probe their existential antecedents in creation itself. Despite God’s underlying unity—and consequently the unity of all reality—the Torah begins with the letter beit, whose numerical equivalent is two, and not with the letter alef, whose numerical equivalent is one. In fact, the letter beit, which begins the word “bereishit” (in the beginning), the Torah’s first word, is written especially large in order to emphasize the world’s dualistic nature. Herein lies one of the greatest mysteries and paradoxes of existence: God who is One created a seemingly dualistic universe of multiplicity.
When we think about it duality defines the world in which we live—God and humanity, infinite and finite, spiritual and physical, light and dark, soul and body, male and female, life and death, sun and moon, day and night, give and take, work and rest, joy and sadness, love and hate, and so forth. The list is almost endless.
The complex interplay between unity and duality in our world is symbolized by the two primordial trees in the Garden of Eden—the Tree of Life representing unity and the Tree of Knowledge of Good and Evil, which is inherently polarized and where unity is fractured, or at least appears to be.
The relationship between God’s intrinsic oneness and the apparently dualistic world we inhabit derives from the very nature of the Divine creative process. Before creation only the undifferentiated oneness and unity of God existed. The very act of creation implies the beginning of multiplicity; something has been brought into existence that is, as it were, other than God. The first letter of the Torah, a beit whose numerical equivalent is two, symbolizes this new reality. In fact, this beit is written especially large in our Torah scrolls in order to stress that, one, as it were, has become two.
Human beings reach their most elevated state of consciousness when they realize that the seeming plurality in the world is really a manifestation of God’s oneness. Indeed, belief in the unity of God extends beyond the unity of God Himself to the realization that in essence everything is connected, everything is unified and part of God’s essential oneness. This is the essential meaning of “Hear O Israel, God our God, God is One” and is the reason for its importance as the cardinal expression of Jewish belief. Thus, we must recognize the spiritual equation guiding and infusing creation with purpose: “One becomes two in order to become One.”
When applying these ideas to compromise and inclusiveness we see that by attempting to bring opposite opinions together in order to find their common ground reenacts the underlying unity below the surface of every pair of opposites. The art of compromise in the arena of solving disputes between people, as discussed above, involves finding the truth on both sides and then creating a peaceful solution that both sides can feel good with.
This idea is one of the explanations of the important verse in the Torah: “Justice, justice you shall pursue” (Deuteronomy 16:20). A judge is urged to seek justice and truth on both sides of an argument. From this process if at all possible a solution of compromise can be presented. Although at first, they may seem like opposites, ultimately truth and peace, judgment and compromise can and should be seen as a unified whole.
Yet promoting compromise does not mean being wishy washy, a floor mat for others, ever ready to abandon important principles and red lines. People actually respect and trust those who have set principles they are not willing to compromise whether for convenience or when pressured. Rather it means when ever possible we should be as the Sages suggest, supple and pliable like a reed and not unbending like a cedar tree.
A beautiful verse that expresses much of the above discussion is found in Psalms (85:11-12): “Kindness and truth have met; righteousness and peace have kissed. Truth will sprout from the earth, and righteousness will look down from heaven.” There is enough division and disagreement in the world. May we all pursue justice and at the same time compromise and peace.
