Q&A: The Spirit of Law
The Spirit of Law
Question
Hello Rabbi,
Recently I've been wondering why the Torah needed to spell out the laws of civil judgment in detail. Wouldn't it have been enough just to command the appointment of judges, and they would judge as they saw fit, as the children of Noah were commanded to do?
What do you think about the practice in private religious courts of not judging according to Torah law but only by compromise (if I understood correctly)? Granted, this is an explicit ruling in the Shulchan Arukh that one should try to make a compromise, but isn't it also proper that justice be done when necessary? I thought maybe this is connected to the reluctance of Jewish judges nowadays to rule autonomously—for example, invoking "I can rely on that opinion" even when it is a fringe view?
By the way, today I received (just to avoid any doubt, for payment) three of your books (Two Carts, Man Is Like Grass, The Spirit of Law), and the house was filled with light—"light" meaning Torah and every sound wisdom. The introduction about your late father is moving, and shows that your diversity is something you were born with.
There isn't a drop of mercy in your books—three hefty volumes full of every good thing—but as they say, you can't buy groceries with mercy.
Answer
About private religious courts that make compromises, see the illuminating article by my friend Nadav Shnerb: "The Jewish Ark of Lies" (search for it online).
As for the halakhic legal system and how it differs from that of the gentiles, see my two articles:
https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%94%D7%90%D7%9D-%D7%94%D7%94%D7%9C%D7%9B%D7%94-%D7%94%D7%99%D7%90-%D7%9E%D7%A9%D7%A4%D7%98-%D7%A2%D7%91%D7%A8%D7%99-%D7%A2%D7%9C-%D7%93%D7%AA-%D7%9E%D7%95%D7%A1%D7%A8-%D7%95%D7%9E%D7%A9%D7%A4/
https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%91%D7%99%D7%9F-%D7%94%D7%98%D7%A8%D7%99%D7%98%D7%95%D7%A8%D7%99%D7%94-%D7%A9%D7%9C%D7%99-%D7%9C%D7%98%D7%A8%D7%99%D7%98%D7%95%D7%A8%D7%99%D7%94-%D7%A9%D7%9C-%D7%94%D7%96%D7%95%D7%9C%D7%AA-%D7%A2/">https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%91%D7%99%D7%9F-%D7%94%D7%98%D7%A8%D7%99%D7%98%D7%95%D7%A8%D7%99%D7%94-%D7%A9%D7%9C%D7%99-%D7%9C%D7%98%D7%A8%D7%99%D7%98%D7%95%D7%A8%D7%99%D7%94-%D7%A9%D7%9C-%D7%94%D7%96%D7%95%D7%9C%D7%AA-%D7%A2/