web analytics
June 30, 2015 / 13 Tammuz, 5775
At a Glance
Judaism
Sponsored Post


Compromise!

Choshen-Mishpat-logo

“Fine & Feder Furniture” had been a landmark in the shopping center for decades. The two partners had opened a small store thirty years before and now ran a humongous showroom. Rumors were circulating of a breakup in the partnership, though, due to developing mistrust.

Sure enough, the bold business sign sprawled across the storefront was changed one day to read “Fine Furniture.” Shortly afterward, Mr. Fine appeared in Rabbi Dayan’s beis din with a request to summon Mr. Feder to a din Torah.

“Mr. Feder embezzled $240,000 during the last ten years of our partnership,” the claim read. “This sum needs to be factored in to the dissolution of our partnership.”

Rabbi Dayan issued a summons to Mr. Feder to appear before the beis din. Mr. Feder accepted the summons, but responded, “I did not embezzle at all. I deserve a full 50 percent share of the business.”

When the two men appeared in beis din at the outset of the litigation, Rabbi Dayan turned to them and said: “We would like to offer you the option of mediation, working toward a compromise.”

Mr. Feder was open to the idea, but Mr. Fine refused outright. “Mr. Feder embezzled $240,000 and owes me the money,” he argued. “There’s no reason for me to compromise.”

“There are often two sides to the issue,” Rabbi Dayan responded.

“As far as I’m concerned, there are no two sides,” Mr. Fine said emphatically.

“One never knows the outcome of the case,” Rabbi Dayan replied softly.

“I have no doubt in this case,” responded Mr. Fine. He demanded that the case be ruled according to the letter of the law.

The case was intricate and involved a number of sessions in the beis din. In addition to witnesses, Rabbi Dayan and his colleagues called in accountants to provide their professional perspective. Finally, Rabbi Dayan informed Mr. Fine and Mr. Feder, “We will schedule one more session for next week, in which we expect to render the final verdict.”

The following week, Mr. Fine and Mr. Feder filed into the beis din and took their seats. Mr. Fine sat upright.

Rabbi Dayan turned to him and said: “We are approaching the conclusion of the case. I would like to ask you one final time, though, if you might be open to compromise.”

“I don’t understand,” replied Mr. Fine, annoyed. “Haven’t you reached a decision already? Why are you still proposing a compromise?”

“Until the verdict is finalized, it is still proper to offer compromise,” replied Rabbi Dayan. (C.M. 12:2)

“As a beis din, I would expect you to advocate the Torah law,” said Mr. Fine. “Why do you seek compromise?”

“Mediation and compromise is also considered part of Torah law,” explained Rabbi Dayan. “There is din – the absolute legal ruling, the strict letter of the law, in the event of irreconcilable conflict. However, there is also mishpat shalom – justice that is aimed at achieving peace and reconciliation. Shalom is an ideal even loftier than din.” (Sanhedrin 6b)

“But isn’t advocating compromise unfair to the truthful party?” argued Mr. Fine. “If you already know who the winning party is, isn’t it dishonest to encourage him now to compromise?”

“Indeed, Tosfos and many other authorities maintain that once the judge knows what the ruling is, he should no longer advocate compromise,” explained Rabbi Dayan. “However, the Shulchan Aruch rules that until the verdict is issued the dayan can still advocate compromise. The Shach [12:4] supports this position, since it is a mitzvah to achieve a peaceful resolution.”

“If we’re going to compromise, though,” objected Mr. Fine, “what’s the point of getting the beis din involved? We can simply decide the split the money!”

“There are many factors to consider when mediating a compromise,” explained Rabbi Dayan. “There are often legal requirements to swear, which we try to avoid because of the severity of oaths; facts that cannot be properly verified; issues that fairness and moral responsibility may dictate, but do not carry full legal weight; issues subject to halachic dispute that are difficult to resolve completely. The compromise is meant to bring the parties to a fair, willing agreement that accounts for these factors.

“Are there guidelines regarding the amount of the compromise?” asked Mr. Fine.

“A compromise should reflect the legal ruling,” added Rabbi Dayan. “This is referred to as p’shara krova l’din, a compromise that approaches the law. Generally, this means a variance of up to one-third from the letter of the law. For example, in our dispute of $240,000, if the law leans towards the plaintiff, the suggested compromise would be to pay a sum of $160,000 or more. If the law leans in favor of the defendant, the suggested compromise would be to pay a sum of $80,000 or less.” (Pischei Teshuvah 12:3)

About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to subscribe@businesshalacha.com. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail ask@businesshalacha.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Compromise!”

Comments are closed.

Current Top Story
A '"rifle-holding" lesson at a Palestinian Authority summer camp.
Palestinian Authority Summer Camp Kids Dance with AK-47 Rifles
Latest Judaism Stories
Staum-062615

Amalek, our ultimate foe, understood that when unified, we are invincible and indestructible.

Torat-Hakehillah-logo-NEW

Perhaps on a deeper level, the mitzvah of parah adumah at this junction was not just to purify the body, but the spirit as well.

Rabbi Avi Weiss

Halacha isn’t random; it’s a mechanism guiding individuals and society to a higher ethical plateau.

Q-A-Klass-logo

Question: Should we wash our hands in the bathroom with soap and water, or by pouring water from a vessel with handles three times, alternating hands? I have heard it said that a vessel is used only in the morning upon awakening. What are the rules pertaining to young children? What is the protocol if no vessel is available? Additionally, may we dry our hands via an electric dryer?

Harry Koenigsberg
(Via E-Mail)

Less clear, however, is whether the concept applies to the area of civil law such as the law of transfer of property.

The greatest of men, Moshe, had to wait for Hashem to sprinkle purifying waters on Bnei Yisrael to mark the conclusion of the period of death.

My Plate, My Food
‘My Loaf Is Forbidden To You’
(Nedarim 34b)

Of Chukkim “Satan and the nations of the world made fun.” They may appear irrational & superstitious

I realized from this story that I was sent as a messenger from above. Hashem has many helpers in this world to help do his work.

Tosafos answers that nevertheless the sprinkling is a part of his taharah process.

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

Zaidie’s legacy of smiles and loving words was all but buried with him, now the family fights over $

Israel’s complaining frustrated Moshe, making it increasingly hard for him to lead effectively

Dovid’s musical Torah teachings were designed to penetrate the soul and the emotions.

It occurred to me, as my brain rattled in my skull on a two-hundred mile ride through rural Virginia, that our souls work in much the same way.

More Articles from Rabbi Meir Orlian
Business-Halacha-NEW

“What difference does that make?” replied Shraga. “What counts is the agreement that we made. I said two hundred fifty and you accepted.”

Business-Halacha-NEW

“Is the invoice signed by the students?” asked the principal. “They said they didn’t get the pizza.”

“The answer depends on the terms of the purchase agreement and local customs,” replied Rabbi Dayan.

“I wasn’t really thinking,” replied Levi. “Things in the backyard usually don’t need watching. I also didn’t expect you to be away so long. One thing is clear, though: I never accepted responsibility for the cake.”

“What do you mean?” asked the secretary. “We already issued a ruling and closed the case.”

“A person who borrowed without a written loan document, even in the presence of witnesses, is believed with a heses – rabbinic – oath to say that he repaid,”

During the course of the year, though, political events in the Persian Gulf caused the cost of gasoline to rise. Prices climbed from $2.50 a gallon to $4.00.

“There is a diamond necklace that I wear on special occasions,” Mrs. Miller told her husband. “It was recently appraised at $6,000. If need be, we can give that as collateral.”

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/compromise/2012/02/02/

Scan this QR code to visit this page online: