Devarim
Rabbi Chaim Dovid Green
No Child's Game
"Do not recognize faces in judgement…Hear the small as the big…Do not be
fearful of a man because the ultimate judgement is G-d's…The matters that
are difficult for you bring to me and I will hear them." (Devarim 1:17)
And you shall discern from among the entire people, men of accomplishment,
G-d fearing people, men of truth, people who despise money, and you shall
appoint them leaders of thousands, leaders of hundreds, leaders of fifties,
and leaders of tens. They (the district courts) will judge the will judge
the nation at all times and the all the big matters they will bring to you
and all the small matters they will judge… and they will lighten the burden
from upon you and carry it with you. ( Shemos 18:21-22)
When Moshe reviews the account of his father in-law Yisro's advice in the
last of the five books the language of that excellent council was slightly
altered. Yisro spoke about matters "big" and "small" as determining
whether they would be dealt with by a lower court or Moshe himself. Moshe
speaks about "hard" and "easy" as the factors to be considered. What's the
big difference?
A Yeshiva Rebbe was faced with two boys fighting over a dollar. Each
claimant seemed to have validity in his claim and yet it was unclear to
whom the dollar should go. The Rebbe decided to teach his students a real
lesson. He called the "Gadol HaDor" the great mind of the generation to
help decide the case.
Reb Moshe Feinstein received three visitors one afternoon, the two
contending boys and their teacher. The boys presented their case before the
greatest living legal authority of the generation. He heard each side with
great care and questioned each with precision. After a thorough review of
the facts of the case, Reb Moshe consulted his books for a conclusion. A
clear but difficult decision was arrived at. Reb Moshe decided in favor of
one of the boys and awarded him the dollar. Everyone was thrilled for
having had the opportunity to spend time with such a great man. They had a
sense that ultimate justice had been served but, even still, the fellow who
lost his legal grip on the dollar he had claimed still felt the sting of
the final judgment. As they were leaving, in an act of superlative
sensitivity and magnanimity, Reb Moshe reached into his pocket and gave the
one who had lost the case a dollar from his own pocket. Everyone left with
a dollar and a pocket full of lessons.
When Yisro gave his famous and wise advice, he spoke about easing Moshe's
burden by letting only the "big" cases through to Moshe. Only if a case
involved large claims should Moshe be bothered. Multi-national
corporations' claims, large mergers, major acquisitions, giant chapter
eleven cases, anti-monopoly suits would all go to the "big" man of the
generation according to Yisro's thinking.
Later when Moshe reviews the subject, he makes a subtle and real
adjustment. "Big" and "small" are non-entities when determining the role
of the "great" man. It matters only if the situation is "hard". If the
truth is discernable in a huge court case and the law is clear then let the
lower court make its own decision. However, if the law is unclear, and a
new precedent needs to be set or a creative application of law then let the
Gadol HaDor make that determination even if it's a case of "small
claims". Only when the truth is hard to arrive at do we call in "the big
gun".
The main focus of a judge should be truth. It matters not whether a case
involves big bucks or high profile personalities. The judges need to be
blind to all external factors. There is only one bottom line. Don't think
for a moment that Reb Moshe deliberated lightly because of the age of the
boys or the minuscule quantity of money at stake. The pursuit of truth on
any scale or at any age is no child’s game!
Text Copyright © 2000 Rabbi Dovid Green and Project Genesis, Inc.
