Daas Torah - Issues of Jewish Identity: Sheldon Silver, New York

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Thursday, 30 October 2014

Distinction between social judgment and judgment of beis din Rav Hirsh

Posted on 05:51 by viju
In researching my new sefer on judging others versus judgment of beis din I came across this relevant quote from Rav Hirsch (Vayikra 19:15).

For judgment outside the court of justice, for judging our fellows in ordinary life, out of this sentence imposing the duty on the judge to adhere sharply to the absolute facts in all strictness, the Gemora ]Shevuos 30a] there learns the rule:הוי דן את חברך לכף זכות always give the best possible interpretation to all matters concerning your neighbour and judge him to his advantage. This is only apparently in contradiction with the judicial formula. For judgment in a court of justice and social judgment do not serve the same purpose. The former has to test the action solely as to whether it is in accordance with the dictates of justice or not, quite apart from any considerations of the individual circumstances or conditions and without regard to the motives. An action, although it may not be legal, can be entirely excusable and yet at the forum of justice must be judged as punishable. And an action judged by its motive can be stamped as highly vicious and yet legally be within the law and unpunishable. But Society has, on the other hand, above all, the personality, the character, in its eye, and every action is, to it, only a symptom by which to judge the integrity or the reverse of its members. Exactly the same justice which in court banishes personality entirely from the judgment, and judges the action entirely in absolute objectivity, that same justice demands in social life the most meticulous and anxious conscientiousness in considering every possible condition which could make the person and his character appear in a better light, and admonishes:

Be not hasty in throwing mud at anybody's character, always be inclined to find excusing circumstances for all actions! This is the same idea of justice which for social judgment says: אל תדין את חברך עד שתגיע למקומו "Judge not thy neighbour until thou hast been in a similar position" (Aboth II,5). "It differentiates between forensic and social judgment to such an extent that to the judge in civil cases it says: "When the parties stand before you, consider them both in the wrong, but once they have accepted your decision and have left you, regard them both as good men":   כשיהיו בעלי הדין עומדים לפניך יהיו בעיניך  כרשעים וכשנפטרים מלפניך יהיו בעיניך כזכאין כשקבלו עליהם את הדין (Avos 2:5).
Email ThisBlogThis!Share to XShare to Facebook
Posted in | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Schlesinger Twins: Sarah's guest post regarding Rabbi Biderman
    Sarah promised to discuss the Schlesinger Twins case with Rabbi Biderman if I posted his written testimony to the  court from 2012. I have...
  • Lonna Kin Divorce: Unwilling to Allow His Wife a Divorce, He Marries Another
    NY Times    The wedding was a modest affair, held in a reception hall overlooking an artificial lake tucked behind a suburban strip. But ju...
  • Schlesinger twins: Beth discusses the issue of psychological assessments typically required in custody cases
    Rabbi Tzadok has raised some important questions regarding this custody case. I asked Beth Alexander to respond to his questions as well as ...
  • תדהמה בלייקווד: הרב הבכיר יילך לכלא
    bhol תדהמה בלייקווד: הרב פישל טוד, הממונה על הרבנים הצבאיים בצבא ארה"ב, ומבכירי העסקנים ובעלי החסד בלייקווד, נידון בבית המשפט הפדראלי ...
  • The Million Jew Seder By Rabbi Shmully Hecht
    The article below says some important things that need to be said and acted upon. After I read it I spoke with Rabbi Hecht and asked him to ...
  • Tamar Epstein is free according to the Kaminetsky's - how they explained it.
    ORA has suddenly proclaimed that Tamara Epstein - after a number of years as an "aguna" because her husband would not give her a g...
  • Rivky Stein & Yoel Weiss: Yoel's version posted on Rivky website
    This was previous published in the first post on this topic. However I was asked to make a separate post for easy reference. Yoel Weiss view...
  • Rifky Stein & Yoel Weiss: Israel Farkash - "coordinator" of Mill Basin Beis Din - breaking news
    Allegations have been made that the court records are referring to Israel Farkash of the Beis Din. Arrested September 15 for an incident on ...
  • Siruv against Rabbi Shlomo Zalman Kaufman by Beis Din Givas Hamorah
    See previous post  See post regarding siruv issued by Rabbi Kaufman
  • 15 Are Charged With Defrauding Banks and Other Lenders of $20 Million
    F.B.I. Press release Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant D...

Blog Archive

  • ►  2015 (31)
    • ►  January (31)
  • ▼  2014 (469)
    • ►  December (41)
    • ►  November (55)
    • ▼  October (44)
      • The Danger of Science Denial
      • Distinction between social judgment and judgment o...
      • Schlesinger Twins: Michael lies to court that Beth...
      • Rav Shmuel Kaminetsky claims that vaccinations are...
      • R Freundel accused of Mikve camera: Police set up ...
      • Each life is precious: The life of children with s...
      • Observations about the Salk Polio vaccine - Nation...
      • Polygamist cult leader Goel Ratzon sentenced to 30...
      • Karen Mosquera hy"d - second victim of Hamas terro...
      • Top Cop's Housemaid Admits She Made Up Affair - ac...
      • Today: Satmar Hasidic Men's-Mikva sexually abused ...
      • The Shabbos Project: New Versus the Old -- Questio...
      • Working women - Orthodox feminism or simply facing...
      • Iran to execute woman accused of killing attempted...
      • Rabbi Barry Freundel - prominent Modern Orthodox ...
      • Rumors change a person's status- sources
      • Still having problems with Disqus? - some solutions
      • "The Shabbos Project" - Problems which cannot be ...
      • What if Age Is Nothing but a Mind-Set? The conscio...
      • Terror Attack in Jerusalem - Hamas says it is natu...
      • Allan Katz - Shemittah and meeting your kids' nutr...
      • IDF Finally Admits: Hamas Planned Terror-Tunnel Ma...
      • Joey (Deutsch) Diangello - courageous advocate aga...
      • Should sexual abuse be accepted as an inherent par...
      • The "scientific" claim that Jack the Ripper was de...
      • Rav Schochet - prominent Chabad rabbi - bans Telus...
      • New book reveals that Eichman was truly evil - not...
      • Former student confronts her alleged abuser – a tr...
      • My father, locked in his body but soaring free
      • The Beggars of Lakewood - New York Times
      • Sleep deprivation prevents removal of toxic waste ...
      • Conservative rabbi is supported by congregation af...
      • Philosophers Debating G-d from NY Times blog
      • Rav Triebitz:Chol HaMoed Sukkos - What is Beis Din?
      • Problem with the Theory of Evolution or "Pay no at...
      • Beis Din - Authority comes from being agents of Is...
      • Succoth , She'mimi A'tzeret 74 - Futuristic Happiness
      • Rabbi Yakov Horowitz's asks parents to speak to th...
      • D.A. Kenneth Thompson failed to keep his promise t...
      • Evolution and Religion - an update by an evolution...
      • Absurd Mandatory sentences: Killing in self-defens...
      • Yom HaDin - a reminder of the inherent insecurity ...
      • Another "cool" charismatic teacher arrested for a...
      • Emancipation and individual freedom - destroyed th...
    • ►  September (37)
    • ►  August (67)
    • ►  July (63)
    • ►  June (39)
    • ►  May (40)
    • ►  April (38)
    • ►  March (45)
Powered by Blogger.

About Me

viju
View my complete profile