The need for compromise in carrying out justice

Hi,


"No law and statute in the world will fulfill all of the needs of every individual. Legislated laws, like natural laws, are general, and this is their glory and their strength. The Sun emerges with its might, and if it will burn the head of some being, animal or beast, from time to time, this will not cause it to withhold its light and heat for the benefit of all…

"We sweeten the bitterness of natural law, which sometimes overpowers us, not by removing it – which we cannot and would not do – but by creating artificial solutions which enable us to benefit from their good. So, too, in a suitable way, we work when necessary and possible to enter into compromise, at the desire of the litigants. This is especially so when justice is too harsh for one side, and certainly when it is too harsh for both sides. For this we say, "Justice, justice shall you pursue – one for law, one for compromise.'"

(Rav Avraham Yitzchak Kook, Igrot haRa'ayah I pg. 224 (#176))

Have a great day,
Mordechai

Go for compromise

Hi,

"Judges are required to do all in their power to keep litigants from accepting justice according to the Torah's law." [Judges are supposed to encourage litigants to opt for compromise, instead.]

(Shulchan Aruch, Choshen Mishpat 12:20)

Have a great day,
Mordechai

Compromising

Hi,

"R' Eliezer, son of R' Yosi haGlili, said: Compromise [by a court] is prohibited, and one who compromises is a sinner… R' Yehoshua ben Karchah said: It is a mitzvah to compromise… R' Shimon ben Menasya said: When two come before you for judgment, then before you hear their words, or after hearing but before you know where the verdict leans, you may tell them, 'Go compromise.'"

(Talmud, Sanhedrin 6b)

Have a great day,
Mordechai

Compromise

Hi,

"Rabbi Yehoshua ben Karchah taught: It is a Mitzvah for a judge to encourage compromise among litigants.

"It is written: 'Judge truth and the 'justice of peace' in your gates... What sort of justice contains peace as well? This refers to compromise."

(Talmud, Sanhedrin 6b)

Have a great day,
Mordechai