Parshas Mishpatim 5781
Tension had been building for nearly two years, with British soldiers being deployed by the Crown to occupy Boston and ensure that British laws and policies were duly adhered to by the city’s residents. The spark that ignited the powder keg came on March 15, 1770, when a group of civilians harassed a British soldier, who was soon flanked by backup. It is not known precisely what provocation, if any, occurred further, but the soldiers opened fire on the mob, killing several people. The incident came to be known as The Boston Massacre and helped set the stage for the American Revolution.
In a bizarre twist of fate, particularly considering his later role as a Founding Father of the nation, John Adams, already known for his opposition to Great Britain’s manner of rule over the colonies, served as the defense attorney for the British soldiers on trial. In summing up the great injustice of holding men accountable for a crime it was not absolutely clear they committed, Adams stated,
“Better that many guilty persons escape unpunished than one innocent person should be punished. The reason is because it is more important to community that innocence should be protected than it is that guilt should be punished.”
The Torah maintains a like viewpoint, insisting that we be more quick to presume innocence than guilt. In this week’s parsha, we read:
לֹא תִהְיֶה אַחֲרֵי רַבִּים לְרָעֹת וְלֹא תַעֲנֶה עַל רִב לִנְטֹת אַחֲרֵי רַבִּים לְהַטֹּת׃
(שמותכג:ב)
You shall not go after the majority for evil, and do not answer in a dispute to deviate, following the majority to incline the judgement.
(Shemos 23:2)
Rashi explains that the tension in this pasuk pits the process of coming to a guilty verdict against one of innocence. When it comes to capital crimes, Bais Din may acquit even if the majority is but one vote greater than the minority. But to be found guilty, the court must find him guilty by a majority of at least two.
This is not only an esoteric policy, carried out only by rabbinical courts but removed from the application of daily living for the average Jew. It is on these grounds that the principle of “דן את כל אדם לכף זכות, Judge every person favorably” is predicated. The Chofetz Chaim emphasizes that judging another person favorably is not just a pie-in-the-sky idea expected of the extremely righteous or zealously pious. It is a halachic imperative that is expected of every Jew and is based upon the Biblical verse cited above.
This is a directive that is particularly challenging in our times. Consider whether in the popular consciousness it is better to be branded as “naive” or “cynical.” While the latter is still, even today, taken as a pejorative, it is not nearly as condemning as the former. To be cynical is only a bit further along the spectrum from “shrewd” and “savvy”. And these are praises of the highest order. We use them to describe the traits of someone who succeeds in business, in relationships, and other facets of life. Sizing up other people, being able to assess their true intent with absolute clarity, and then acting without hesitation on those incontrovertible findings, are the behaviors of people we admire. People who have climbed the ladder and have “made it” in a cutthroat world that leaves no margin for naiveté for anyone who wants to enjoy real success.
To this, the Torah says be kind, don’t jump to conclusions, and don’t be so quick to judge others. Judging unfavorably is judging unfairly; it means not taking the time to truly determine the nature of another person’s actions or intent. Perhaps there’s more to the story, or more to the person that deserves a closer look and greater understanding.
But who has the time or the interest? If the news media outlets followed the Torah’s advice, there would nothing to read. How do we make space for the Torah’s sentimentality in a world that breeds cynicism?
I believe John Adams was really onto something when he said that, “It is more important to community that innocence should be protected than it is that guilt should be punished.” It may well be the case that the individual can get ahead by such calculating practices, but it spells disaster for community. Every act of unfair, unfavorable judgment, every pronouncement of another as weak, backwards, or evil deprives others of opportunities to contribute and defines them as valueless. While the individual forges ahead, the community is left in shambles.
Perhaps this is the key in motivating ourselves to uphold the Torah’s mandate. Judging another person unfavorably can feel like a personal triumph, even virtuous. If you’re worse, I’m better. If you’re a loser, I’m more of a winner. But consider the impact on community. When we are rash, we overlook the value in others. When we judge favorably, we uncover the value in those around us. Which world do you prefer to live in?