The Role
of Peshara
within the Halakhic Judicial System:
Rav Moshe Taragin
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The Role of Peshara
within the Halakhic Judicial System:
by Rav Moshe Taragin
I. Introduction
In general terms, Beit Din's role in deciding civil
suits between two parties entails gathering
evidence and issuing a definitive verdict. The
gemara (Sanhedrin 6a-7a) however, addresses an
alternative - the legal option known as peshara,
whereby Beit Din brokers a compromise or settlement
between the litigants. According to some
opinions, this is the more preferable option,
though, one opinion in the gemara views compromise as an
INFERIOR option even claiming that it is forbidden
for a judge to abandon his pursuit of absolute
truth. Moshe, according to this opinion presents the
ultimate model of a judge who did not waver in his
pursuit of justice even at the cost of peace and
harmony. It was only Aharon - not formally a judge
- who was permitted to strike compromises (ohev
shalom ve-rodef shalom). Moshe the judge did not
have such an option. However, most positions stated
in the gemara view peshara more favorably citing it as
the highest form of 'justice' one which settles
disputes while engendering peace and goodwill
between the two parties. This article will explore
the nature of peshara.
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