In two juxtaposed mishnayot, Rabbi Ishmael the son of Rabbi Yose communicates four related ethical exhortations primarily intended for judges that also have moral resonances for everyone.
Avot 4:7 - “He who refrains himself from judgment, rids himself of enmity, robbery and false swearing; And he whose heart is presumptuous in giving a judicial decision, is foolish, wicked and arrogant.
While adjudicating disputes is a necessary responsibility for those qualified, one should not want to judge for the sake of prestige or honor. Rabbeinu Yonah notes that if there are others that are more qualified, the less experienced judge should defer to them. This suggested hesitancy is due to the fact that the atmosphere in the court room tends to be contentious. Conflict, dishonesty, and false testimony are all commonplace characterological challenges. If possible, the judge should promote compromise between the parties, obviating the need for a courtroom. Other commentaries direct the message to the litigants as well. Do all within your power to avoid court. Refrain from the character trait of “judgment.” Instead of being exacting, strive to be forgiving and merciful.
In a creative read, Rabbi Abraham J. Twerski suggests the keyword here is “himself” (“atzmo”). To avoid conflict, a judge should remove the ego and personal interest from the case. It is often self-important emotions like pride, and a striving for dominance and power that lead to interpersonal conflict.
This explanation helps transition nicely into the second segment of the Mishna, which explicitly relates to arrogance. Maimonides understands this statement as a directive to have a healthy sense of fear when judging a case. Don’t be impetuous, overconfident, or self-assured in making a decision.
Avot 4:8 -He used to say: do not judge alone, for none may judge alone save one. And say not “accept my view,” for they are free but not you.
One way of holding this bias or overconfidence in check is to follow Rabbi Ishmael’s advice in the next Mishna, “do not judge alone.” According to Abarbanel, there is a bigger chance of making mistakes when decisions rests solely in one person’s hands. Similarly, Rabbi Irving Bunim writes “no matter how qualified you may be, you are still human. Inevitably you may fail to see a whole picture…. your view may be tinged with some kind of bias… pool your vision with the thoughts of other… several minds working together may come closer to the ideal of perfect justice.” In his book Sefer HaChaim, Rabbi Chaim ben Betzalel of Friedberg, the older brother of the Maharal,writes that unlike God who can judge alone, a human judge will be inherently biased based on his personality. That is why it is more judges are needed to help erase the individual biases.
The “hungry judge effect” is one oft-cited study in the behavioral-economics literature that demonstrates the biases and mistakes individual judges can make. Researchers found that Israeli parole board judges make stricter decisions before taking a meal break, and more lenient decisions after eating. The decisions were not being made based on the merits of the case but were subconscious being impacted by hunger and mental fatigue.
Yet, Rabbi Ishmael does not explicitly suggest a practical justification as to why one shouldn’t judge alone, but a theological one. Only God judges alone, humans should not. While we often try to emulate God through the process of Imitatio Dei, this instance seems to be an exception to that rule. God is singular and all-knowing, but since we are definitionally limited, we should not try to emulate this aspect of God’s grandeur. Perhaps this ethical message parallels the restrictions placed on a king in the bible. The verses put strict legal and moral limitations on the king so that he does not become too arrogant. God after all is the ultimate King.
Generalizing from judges to general ethical advice, the Lubavitcher Rebbe suggests that getting another’s perspective is essential for self-improvement. We tend to have self-serving biases in either positive or negative directions that distort our self-assessment. Soliciting the counsel of a trusted confidant is an essential tool for self-growth. Perhaps the same would apply to our judgement of other people as well. Just like we should “judge every person favorably” and “not judge our peers until we are in their place,” perhaps the message here is to attempt to avoid judging at all. God is the ultimate judge of others behavior, and we shouldn’t be quick to emulate that characteristic of God. Only He has the full accounting. We are inherently biased and limited in our perspective.
The last message of the Mishna is to avoid saying “accept my view.” Judges who are working in groups should not compel or force their views on the other judges. The potential arrogance and over-confidence of the judges needs to be curbed, even in the context of interacting with other judges. A collaborative and humble spirit must infuse the decision-making process. This may also be a message about the dangers of groupthink, where one overly powerful personality can impose or sway others to follow their opinions is dangerous. As Rabbi Dr. Eliezer Schnall and Dr. Michael Greenberg have demonstrated in their article “Groupthink and the Sanhedrin: An Analysis of the Ancient Court of Israel Through the Lens of Modern Social Psychology,” the regulations of the judicial system attempted to avoid groupthink. This Mishna would corroborate such an approach.
Based on the teachings of Rabbi Abraham Isaac Kook and his son Tzvi Yehuda Kook, the book Sichat Avot generalizes this message to other situations as well. Particularly in a modern society, imposing and compelling others to accept one’s opinions is not a wise or helpful method. Respecting autonomy while demonstrating love, patience, and respect is the virtuous path.
Comments