By Rabbi Moshe Taragin
Parashat Mishpatim delves into the intricate web of civil laws that govern monetary
and commercial interactions.
It opens with
an allusion to beit din: ואלה המשפטים אשר תשים לפניהם
"These are the principles which should
be placed before them"
The term "לפניהם"—"before them"—is
interpreted by Chazal as a directive to
bring civil and monetary disputes before
a beit din.
The preface to Parshat Mishpatim, which establishes the framework of
Choshen Mishpat, empowers a beit din
to oversee and resolve all legal monetary
matters.
DELIBERATION AND CHANGING OPINION
The second Mishnah of Pirkei Avot
encourages dayanim to be מתונים בדין—to
carefully deliberate before issuing a verdict. This instruction not only urges caution
but also allows for the possibility of their
changing their opinion, especially if the
reconsideration occurs before the verdict
or pesak din is formally delivered.
Regarding capital crimes of dinei nefa
shot, dayanim are not only permitted but,
in certain circumstances, even encouraged
to retract their ruling, particularly if they
had initially deemed the accused guilty.
In these instances guilty verdicts can be
reversed even after a formal verdict has
been handed down. The halachic legal
system values intellectual honesty and
the willingness to reconsider, ensuring
that justice is pursued with the utmost
integrity and deliberation. Reevaluating a
ruling—even one rooted in halachic reasoning—is seen as a mark of wisdom among
seasoned judges.
Changing an opinion is
not a sign of intellectual inconsistency but
rather of sharp reasoning and of intellectual integrity.
HASHEM "CHANGES HIS MIND"
Several times in the Torah, Hashem
Himself is depicted as changing His mind.
After witnessing a series of moral failures—from the sin of Adam and Chava
to Kayin’s murder of Hevel, followed by
the corruption of the "Children of God"—
Hashem regretted creating humanity, a
shift that ultimately led to the mabul that
engulfed the world.
וינחם ה" כי עשה את האדם בארץ ויתעצב אל ליבו
Of course, theologically, Hashem does not
actually "change" His mind. Yet, despite the
provocative wording, the Torah presents
this imagery to teach us that we, as finite
beings must cultivate the ability to reassess,
refine, and, when necessary, change our
own opinions.
Similarly, the Torah describes Hashem
reversing His decision to annihilate the
Jewish people:
וינחם ה' על הרעה אשר דבר לעשות לעמו
Though this "change of heart" was triggered by Moshe Rabbeinu’s fervent tefillot
and our collective teshuva, Hashem already
knew this outcome beforehand. He knew
that He would ultimately forgive us. And
yet, once again, the Torah portrays Him
as "changing His mind," underscoring the
value of reconsideration, and the importance of changing a decision.
IDENTITY AND OPINIONS
Ideally, our identity should be shaped
by our character traits, our relationships,
our experiences, and, of course, by our religious life and connection with Hashem. By
contrast, opinions and ideologies should
not define the core of who we are.
When
a person has a strong sense of self—rooted
ideally in both a deep relationship with
HaKadosh Baruch Hu as well as a secure
inner identity—they are not defined solely
by their opinions or positions.
A strong "inner" identity should be stable
enough to allow our views to evolve without
fear of "losing ourselves". Reconsidering
a viewpoint does not mean surrendering
ourselves or undermining our essence
since the foundation of our identity rests on
something far deeper than any particular
position.
By contrast, an inability to reconsider
views may sometimes indicate a fragile
identity, one that is precariously perched on opinions rather than built upon character. and lived experience. Changing your opinion or ideological standpoint is often a sign
of a balanced and healthy identity. Opinions
can change.
THE AGE OF IDEOLOGIES
We live in an era of intense ideological
ferment. Monumental shifts in Jewish
history, coupled with rapid technological
and cultural upheavals, have thrust upon us
fundamental questions rarely confronted in
the past. These questions center primarily
upon two pivotal issues:
Jewish engagement
with broader society, and the role of the
State of Israel and how it influences this
extraordinary historical moment.
Diverse ideological perspectives, or hashkafot, have emerged, each striving to help us navigate
these defining challenges.
As always, we turn to our past for guidance, drawing from our Mesorah. In particular, many look to the towering figures
and thinkers of the past 150 years—a period
of remarkable intellectual creativity—for
wisdom.
The Ashkenazi Orthodox world
was shaped both by the flourishing yeshiva
movement, and by Chassidut, each of which
produced prodigious Torah thought and
extraordinary talmidei chachamim. Naturally, we seek direction from these recent
luminaries, whose lives feel closer to our
own reality than those of the Rambam or
Rabbi Akiva, whose historical realities were
far more distant from our own.
Many of the towering Torah scholars
from Pre-WWII Europe held views on
both the State of Israel and the role of
secular engagement which seem to align
more with contemporary Charedi culture.
Though there was a diversity of opinion, the
majority of these Torah thinkers opposed
the emerging secular State and resisted the
integration of secular studies with Torah
learning. Some voiced their opposition to
both the State and secular studies in stark
and forceful terms.
Therefore, in our modern reality those
who embrace a Charedi orientation more
naturally identify with these Torah figures.
Rooted in an unwavering commitment to
preserving the past, the Charedi world sees
itself as the direct heir to this rich world of
Torah and ideas. As a result , it has directly
adopted the classic positions of these Torah
personalities regarding the broader world
and the State of Israel.
By contrast, serious Torah Jews who do not identify as Charedi often struggle to
connect with great pre-WWII Torah figures whose views do not align with their
unconditional support for the State of Israel
or their openness to the broader world of
ideas.
At best, many non-Charedi people
resolve this tension by separating Torah
scholarship from hashkafah—appreciating
the brilliance of their Torah while sharply
diverging from their worldview.
For many,
though, this split proves difficult; they find
it challenging to divorce ideology from
Torah. And even when such a separation
is possible, the lack of identification with
their hashkafah makes it harder to fully
connect with their Torah and their legacy.
A NEW WORLD
There is a third approach. The world
has shifted so dramatically since the pre
WWII era that it is difficult to determine
exactly how these Torah giants would have
responded to our current reality.
For example, many of the rabbinic opponents of Zionism were contending with a
movement that, in its early stages, was led
by aggressively anti-religious secularists
who sought to replace Jewish tradition
with nationalism—often infused with
Marxist/socialist ideology.
Additionally,
Torah leaders were engaged in fierce
struggles with local Zionists in European
shtetls and cities, where political battles
over resources—both human and financial—posed a direct challenge to the social
order and rabbinic authority.
What would
these towering Torah personalities say if
they lived in our modern reality?
What
would Rav Elchonon Wasserman think if he beheld today’s State of Israel—a land home to eight million Jews, where the majority, though not traditionally observant, still
harbor a deep spiritual connection and
recognize this Land as a divine gift, foretold
in the prophecies of the Torah?
How would
the horrors of the Holocaust, which many
anti-Zionist rabbis never witnessed, have
influenced their support for a Jewish state
as a refuge from antisemitism?
Would their perspective remain steadfast,
or would the sweeping transformation of
Jewish history compel them to reconsider?
Would they have reexamined their stance
in light of the unfolding redemption?
In a similar vein, those who opposed any
encounter with the secular world lived in a
reality where universities were hotbeds of
heresy. Rav Baruch Ber Leibowitz, known
as the Birchat Shmuel, was one of the great
Torah scholars of the early 20th century. He
penned a famous and scathing opposition to
any interaction with the secular world.
In
truth, enrolling in the University of Berlin
or Moscow was often a one-way departure
from religious commitment.
The academic landscape has dramatically
shifted. Studying in a university in 2025
certainly presents challenges, but these
institutions are no longer the ideological
battlegrounds they once were. If anything, the surge of rampant antisemitism
has diminished the cultural pull of these
institutions upon Jewish students, making
them less likely to drift from their heritage.
The hostility directed at Jews has, paradoxically, lessened the spiritual danger these
environments once posed.
There are still significant concerns
regarding engagement with secular studies and life in non-Jewish environments, but these concerns have evolved dramatically since the early part of the previous
century.
The presence of strong Jewish
frameworks—both within explicitly Jewish
settings and embedded in broader non-Jewish institutions—has made the encounter
with the world of the university far less
perilous.
Would opponents of secular engagement
have been equally resistant had they witnessed the modern context?
Great people possess the wisdom and
humility to reassess their views when new
realities emerge. It is difficult to determine
how positions articulated in the early 20th
century might have evolved, given the
seismic transformations of our world—
the devastation of the Holocaust, the mass
migration of millions of Jews to Israel, and
the shifting cultural landscape.
Torah Jews of every ideological persuasion
should feel a deep connection to the great
figures who shaped the Torah world, even
when their positions differ from our own.
The fact that they took stances that may
seem incongruous with our present reality
does not mean they would have maintained
them unchanged in the face of the dramatic
upheavals history has wrought.
2025 isn’t 1925. Cutting and pasting
opinions across 100 years of tectonic shifts
doesn’t always work.
Hashem "changed His
mind", and we are expected to change our
minds as well.
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