Compromise

Shavua Tov-

Rav Shlomo Mann noted that the word, משפטים, is actually a mnemonic that reads as follows: מצוה שתעשה פשרה טרם יעשה משפט. This means that it is a Mitzva to come to a compromise before going to court.

The word for compromise is פשרה. It is interesting that in spoken Hebrew, מים פושרים, refers to water that is lukewarm. We can see the connection as to how it means, meeting in the middle.

The Gemara in מסכת סנהדרין, expresses opposition to coming to a compromise before a trial. It seems highly unfair to the side that is right and took a loss, and should be paid in full. This would seem to be rewarding the guilty party of his obligation.

Rav Mann would say that the justification speaks of the importance of שלום, peace, among Jews. A bitter court battle might ultimately reveal who is right and who is wrong. But in the process, many harsh words are likely to be spoken in court. There is little chance that the litigants will remain friends.

Compromise is not a full proof method, (I almost wrote fool proof method!) but it leaves the greatest hope of remaining friends. The Rabbis say, גדול השלום, how important Shalom is. Hopefully, פשרה accomplishes this.