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Why does the Torah (תורה) require judges to hate money (sonei betza), and why must judges push compromise even after knowing who's legally right? The shiur develops the yesod that the ultimate goal of the judicial system is not to vindicate rights but to ensure people walk out as friends. This philosophy reframes qualities like wisdom—not for reaching correct verdicts, but for helping people get along.
The shiur examines Yisro's advice to Moshe regarding the appointment of judges, focusing on the enigmatic requirement that judges must be "sonei betza" (haters of money). Rashi (רש"י), as understood by the Ramban (רמב"ן), presents a puzzling case: a person who bought a slave without proper witnesses and documentation knows that legally the court must return the slave to the original owner, yet insists on going to court anyway. Such a person is disqualified from being a judge. The Maharal raises critical questions: perhaps the seller will back down in court, so what's wrong with insisting on one's day in court? Moreover, even if someone loves his own money too much, why should that disqualify him from judging other people's money fairly? The shiur introduces an alternative interpretation from a Midrash cited by the Ramban: a judge who might be intimidated by a litigant's threats against his property is disqualified. This makes intuitive sense—such a judge cannot reach the correct legal conclusion. But this doesn't answer the questions on Rashi's interpretation.
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Parshas Yisro (Shemos 18:13-26)
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