Q&A: Is This “Might Makes Right”? Or a Legitimate Decision?
Is This “Might Makes Right”? Or a Legitimate Decision?
Question
The elected political leadership of a Torah-oriented community saw that the budget was empty.
They needed to cut expenses.
They noticed one budget item that costs money: claims for damages caused by the community.
(Well, not exactly, because insurance pays, but the insurance cost…)
They decided that from now on the community will look very unfavorably on anyone filing a claim against it if it caused damage, and if anyone dares to sue (whether in a religious court or a civil court, it makes no difference), the community will publicly shame that person.
That is a great solution: none of the injured parties will sue the community, and that way expenses can be cut.
My question:
After all, all of us—as individuals, as a society, as organizations (and even as a state)—are obligated to be careful not to cause damage, and if we did cause damage, we must pay, or at least appear in court if sued.
How can a public body declare that it is not subject to judgment?
It seems to me like something violent and thuggish.
Is that indeed so?
And if it is not fair, is it the job of the community rabbi to stop this injustice?
Answer
If your description is accurate, it really does sound very problematic. By the way, it is also against the law. And again, if those are indeed the facts, then the rabbi absolutely should intervene.
Discussion on Answer
Again, here I am hearing only one side. But based on your description, it is clear that you are right.
I spoke with the rabbi of a large prayer quorum in the community,
and he argued that this is reasonable, because there are frivolous claims…
I argued to him:
1. It is impossible for the defendant to decide on his own what is frivolous and what is a genuine claim. That is the role of the judge—not the defendant.
2. The presumption is that in the end they will trample the weak, and those people will not dare file even a truthful claim out of fear that they will be crushed, or that in practice they will be broken and the claim will disappear simply because they are weak.
And the strong will definitely sue—both with truthful claims and with frivolous ones—and the community will be afraid of them simply because they are strong.
So the division will not be between truthful claims and frivolous claims,
but between the powerless—woe to them if they dare raise their heads, and therefore they will not sue—and the strong, whom the community leadership is afraid of…
Who is right, me or the rabbi of the prayer quorum?