YISRO 1980

In the Torah portion Yisro it says that it was Memochoras and Moses sat to judge the people.  Memochoras in Hebrew means on the morrow and it refers to a special occasion.  The Rabbis teach us that Moses sat down to judge the people immediately after Yom Kippur.  Yom Kippur is the day that the Jewish people were forgiven for the sin of the Golden Calf and Moses came down the mountain with the second tablets of the Ten Commandments.  The Torah on purpose places Yom Kippur right next to judgement.  What does Yom Kippur have to do with judgement? Yom Kippur teaches us that we are all vulnerable, that life has many twists and turns.  It is unpredictable.  We do not know who will live or who will die.  I always tell people be kind people on their way up so they will be kind to you on your way down.  Our knowledge is limited and we ultimately cannot even know many things.  Moshe when he was to sit down and judge the people was to ask them if they wanted a din or a peshora.  Din means to judge according to the strict letter of the law.  Peshora means to effect a compromise.  In Jewish tradition it is a Mitzvah to make a peshora.  Compromise takes precedence over din, over strict law.  How can this be? The answer is that when you decide according to law you will have a winner and a loser which means that you will make enemies.  You will stir up hatreds.  When you have a compromise both parties are satisfied.  There are three separate concepts in Hebrew.  There is the concept of din, of sholom, and tzedek.  Din speaks of superficial factors, the technicalities of the situation.  Tzedek speaks to the underlying psychological and social factors.  Many times a person can be technically wrong but in a larger sense right, and sholom speaks to peace and harmony.  When one comes to judgement one should not feel they know everything, that everything is cut and dried.  If a compromise can be reached it should be reached because in this way sholom, peace, is obtained and tzedek, righteousness, is ultimately secured.  There are no winners and no losers and friendship is maintained.  That's why the Rabbis say it is a Mitzvah to make a peshora.  However, if this is impossible then we must apply the din.  That's why judgement is placed next to Yom Kippur in order to teach us our vulnerability and to allow us to maintain friendship and to strive for peshora.

The story about a man who went to Russia.  He went to change some money at noontime into rubles.  As he walked in the teller started to walk out.  He asked why.  The teller said because it is lunchtime and he said how come you are leaving the stack of rubles unguarded like that.  The teller said you capitalist, you no-good-nik, you pig.  In Russia it's people that are important.  That's why we lock them up.

Maintaining friendship and peace, not locking each other up is what the Torah strives to obtain.