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A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Joseph Dana

Torah Lecture

Mishnah Avot 4-7

Lectured by Rabbi Joseph Dana

Published
June 11, 2025
Duration
2:36
Lecture code
RJD-MAVOT-4-7

This transcript was auto-generated and polished for readability. While we aim for accuracy, errors may occur. If you notice a mistake, please click to submit corrections.

Masechet Avot, perek dalet (chapter four), Mishnah zayin. By having the people compromise, they avoid any deliberations and avoid having to go through everything, but they come to a compromise that's going to be in agreement with everybody. Rabbi Yishmael beno omer (his son says) teaches the following: If a judge removes himself from a deliberation before him, if there are more qualified judges to take the case, and they avoid their machloket (dispute).

And he realizes that, and he wants to let everyone else take over, or if somebody removes himself from judgment, Mishnah says, Rabbi Yishmael beno omer, or he realizes he doesn't have the ability, for whatever reason, hachosech atzmo min hadin (a judge who removes himself from judgment), to analyze every claim or piece of evidence in front of him, when in reality he's not. He doesn't strain himself because he doesn't think he's capable of making mistakes. Better than other people. Get that type of judge who causes the situation, so he frees himself from having hatred from that litigant. He avoids all of that responsibility to analyze things properly. And he's going to cause people to have issues: porek mimenu eivah vegezel u'shevuat shav (He removes from himself enmity, robbery, and a false oath), if things are going wrong.

And he is confident in his ability to make decisions. He's not going to ever have the ability, and he's an arrogant individual. He frees himself from hatred, robbery. And then thirdly, he could cause a shevuat shav, and therefore he doesn't work it. He'll never change anything about himself if he thinks that he could get things done in a quick way, and the responsibility of Hashem's name being said in vain. He could be an accessory to that theft that's happening and all of that potential averah (sin). He's a fool, he's wicked, and he's arrogant. And a person who doesn't have Yirat Shamayim (fear of Heaven) and serara (positions of power). By an unnecessary judge. So he could be helping in that. He's not a person who takes his time. But he is also a rasha, he's a wicked person. He has arrogance.

An unnecessary swear, when the losing party gets the result, who with all of this, then that type of person, because he rushes to judgment. And this is the type of judge. He's going to hate the judge. He could cause a person to swear that he's owed money. So when he thinks he knows everything, and he's going to rule quickly, a person who's not doing things l'shem shamayim (for the sake of Heaven). And also, if they go through everything and the judge made a mistake. So a judge who avoids going through, he's not deliberate. And not only is he a fool for that reason. And he really is after kavod (honor), he could be causing one side to steal from the other. A judge who's quick to grab cases. He's a person who thinks he knows all the answers. Then he's going to make mistakes a person wants to stay away from...