Justice Shall be Carried out - without Mercy: The Lubavitcher Rebbe's Approach to Compromise in Din Torah

Justice Shall be Carried out - without Mercy: The Lubavitcher Rebbe's Approach to Compromise in Din Torah

"My brother-in-law, Rabbi Menachem Mendel Schneerson, shlit"a"

Interesting and unusual halachic letter from the son-in-law of royalty, the gaon and Chassid Rabbi Shmaryahu Gur-Aryeh, writing as a messenger of his brother-in-law, the Admo"r Rabbi Menachem Mendel Schneerson of Lubavitch. New York, 1953.

The letter was sent to Agudath HaRabonim in the United States. It deals with firing one of the yeshivah staff - named in the letter. Apparently the person who was fired sued the institutions (and possibly even the Rebbe himself) in a din Torah, and what was decided was decided. However, the Rebbe heard that "some of the dayanim indeed acknowledged" that the psak was a compromise, as is generally carried out in many dinei Torah, when the dayanim pursue compromise.

However, the rebbe, with his expansive knowledge, possibly due to the specific character of the case, or possibly because it was the Rebbe's opinion in general, firmly opposes this case being decided according to a compromise. He demands, through his brother-in-law, Rabbi Shmaryahu, reassembling the dayanim to decide according to din Torah with no compromise at all!

There are actually three approaches in the gemara regarding compromise in din Torah (Sanhedrin 5b-7): forbidden, permissible, and allowed. "Rabbi Eliezer, son of Rabbi Yossi HaGlilli says, "It is forbidden to carry out (that is, a compromise), and anyone who does so is transgressing. Anyone who blesses one who compromises is blaspheming, as it says, "the robber praises himself - as he has blasphemed Hashem." Instead, justice shall be carried out - without mercy, as it says, "Law is for Hashem, " as Moshe would say, justice shall be carried out - without mercy. But Aharon, who loved peace and pursued peace, would make peace between man and his fellow. Rabbi Yehoshua Ben Karchah would say: It is a mitzvah to make a compromise, as it says, "In your gates judge with truth, justice and peace." Is it not the case that where there is justice there is no peace, and where there is peace there is no justice? So what justice has peace in it - this is [where there is compromise]. With respect to David, it says, "David would carry out charity and justice." But what about there being no peace where there is justice and no justice where there is peace? What justice has peace in it - this is [where there is compromise]. The opinion of Tanna Kamma is that one is allowed to carry out a compromise.

Refer to the Hebrew catalog text for a brief biography of the gaon and Chassid Rabbi Shmaryahu Gur-Aryeh.

[1] leaf paper. 22x28 cm. Official yeshivah stationery. Typewritten and signed by the gaon Rabbi Shmaryahu.

Very fine condition. Fold marks.