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Why does Avos focus on judicial conduct when teaching fundamental ethics? The shiur develops that Jewish courts aren't adversarial systems seeking better arguments, but divine truth-seeking with God as active participant. This transforms both judges and litigants into partners in divine justice rather than mere legal proceedings.
This shiur examines a Mishna in Pirkei Avos from Yehuda ben Tabbai and Shimon ben Shetach regarding proper judicial conduct and the nature of divine justice. The Mishna teaches three fundamental principles: (1) A judge should not act like a lawyer (al tas atzmocha k'archi hadayonim), meaning judges shouldn't help parties arrange their arguments even when telling the truth, (2) judges should view both litigants as potentially wicked (rushayim) during proceedings, and (3) after accepting the verdict, both parties should be viewed as righteous (zakai). Rabbi Zweig addresses why these seemingly limited rules for judges were the focus of this generation's ethical teachings. The core insight is that Jewish justice operates fundamentally differently from secular systems. In secular courts, justice is an adversarial system where better presentation wins, regardless of truth. Jewish courts, however, are a search for absolute truth, with God as an active participant (Elokim nitzav ba'das kel). The Gemara (גמרא) states 'ubekerav Elohim mishpat' - in God's midst, justice is carried out, meaning divine justice operates through qualified judges. This explains why judges must maintain absolute integrity and avoid any appearance of impropriety - they serve as God's representatives. The Mishna's teaching about viewing litigants as rushayim addresses human psychology: people naturally perceive reality through the lens of self-interest. When disputes arise, both parties genuinely believe their version based on subjective reality rather than objective truth. Judges must recognize this bias to search for actual facts rather than being swayed by compelling presentations. The final teaching about viewing parties as zakai after accepting the verdict emphasizes that true justice requires submission to divine will. When someone loses a Din Torah (תורה) but accepts the decision as God's judgment, they become righteous by acknowledging that objective reality differs from their subjective perception. This creates a system where people can feel secure about both winning and losing, knowing that divine justice has been served. Rabbi Zweig contrasts this with secular systems where even winners can't feel truly entitled to their victory, knowing it may not reflect actual justice. The shiur emphasizes that this Mishna isn't merely about judicial procedure but presents a complete worldview of God's active involvement in human affairs, making monetary disputes opportunities for spiritual growth and divine connection.
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Pirkei Avos 1:8
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Why does Avos warn that ambiguous teaching leads to chilul Hashem specifically in exile? The shiur distinguishes between objective responsibility and chilul Hashem responsibility - while teachers aren't accountable for students who refuse to think, they are responsible for creating mistaken perceptions about Torah's value. In exile, lacking communal standing, ambiguous Socratic teaching becomes dangerous as it can be misquoted without clarification.
