Saturday, October 27, 2012

Pirkei Avot 1:8

Yehuda ben (son of) Tabbai and Shimon ben Shatach received the transmission from them [the previous generation of scholars, listed in Mishna 6]. Yehuda ben Tabbai said: Do not act as an adviser among the judges. When the litigants are standing before you they should be in your eyes as guilty. When they are dismissed from before you they should be in your eyes as innocent, provided they have accepted the decision.

This mishna seems at first to be jarring.  Why should a judge view both litigants as guilty, when one of them might be innocent or righteous?  We are advised elsewhere in the Pirkei Avot to judge on the side of merit.  Why should we view both litigants as innocent after we may have proclaimed one to be guilty?  The mishna makes sense if we understand it as a description of the perspective of the Divine: above the fray, aware of the foibles of men and women in the actual world, yet loving them.  In our humanity, we all have our self-centered perspective that colors our view and our actions.  The "adviser," like a lawyer, advocates for one, but even that one is seeking his own personal benefit, because that is an essential attribute of humanity.  The Divine perspective, seeing that, knows that each person is "guilty" of being an atom, a small part of the universe, pursuing its own self-interest above all else.  We all distort the truth by seeing it from the only perspective from which we can.  The judge must see it from a higher, objective reality above the perspective of the litigants.  Yet once the judgment is rendered and the litigants accept it, they adopt the perspective of the judge: universal truth, not their own, personal perspective.  The awareness that there is a perspective above our personal perspective is the awareness of the Divine perspective, and thereby, the awareness of the Divine.  Judges can imitate it when they perform their function at the highest level, although they remain human.  We can perceive an aspect of the Divine when read and understand the meaning of this mishna.

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