The Divine Code Daily Dose

[Hrvatski Noahid]

If they agree to make a compromise, that is preferable to making a judgment, but the litigants are not obligated to accept the compromise that the judge will make unless they made a commitment to do so.

Even though it is a righteous practice to make a compromise, if the judge recognizes that there is a real theft or exploitation committed by the defendant, it is a preferred righteous practice to save the exploited person from the hand of the one who exploited him. Therefore, the judge should make an unequivocal judgment, and he should not make a compromise that will cause loss to the exploited and an unfair gain to the exploiter. Only if he has no ability at all to pass judgment and fairness against the wicked person and remove the theft (the stolen goods or payment) from his hands, then he should make a compromise from lack of any better available choice (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 688-689). 

[Hrvatski Noahid]

Just as the judge must create equality between the two litigants and listen to their words equally, so too in a compromise. The compromise that the judge suggests must be equal, and not show preference to one side more than the other, because it says, "Justice, justice you shall pursue." In the doubled language of this verse, one directive for justice refers to justice in judgment, and the other directive for justice refers to justice in compromise (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 689).   

[Hrvatski Noahid]

Even after a litigant accepted a compromise in his demands and committed himself to the decision according to the legal procedure, if he finds a proof or testimony that was hidden from him at the time that they made the compromise, and the judgment should be changed in a substantial manner because of that proof, he may go back and change what he accepted because his compromise and his monetary waiver were made in error (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 689). 

[Hrvatski Noahid]

Similarly if the judge erred in the compromise with a very big error that leaned the judgment of the compromise to one side in a manner that was not appropriate, the litigant who lost out may appeal and bring it to judgment again (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 689-690). 

[Hrvatski Noahid]

Two litigants are permitted to arrange for themselves one arbitrator or a number of arbitrators who will hear their case and pass judgment. It seems to me that arbitration (by Gentiles) is a subcategory of making a compromise which is part of the commandment of Dinim, and just as the judge is obligated to try to make a compromise as explained above, similarly, if the litigants agree to make a compromise between themselves either on their own or through an arbitrator whom they both accept, then this is compared to a compromise arranged by a judge; i.e., it is considered to have fulfilled the commandment of Dinim (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 690). 

[Hrvatski Noahid]

That which has been explained in Sheva Mizvot HaShem, Part VIII, Chapter 5, that the regular court should force the two litigants to be judged before it, this applies when one of them or both of them do not want to be judged in any form of law (not in a court, not by a compromise, and not by arbitrators). But if they both agree to a compromise or to arbitration, then that is their prerogative and they are not forced to be judged by the law (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 690). 

[Hrvatski Noahid]

Arbitration is similar to a compromise in that they both need binding acceptance, because otherwise each side could renege on it. It is proper that each side should find for himself one arbitrator to be like a judge, and if they want, a third arbitrator as a judge, then they should choose a third arbitrator by mutual agreement, or they should grant permission to the two arbitrators who were already selected to choose for themselves a third arbitrator. The two sides should then write up a document of arbitration in which each side obligates himself to accept this arbitration as binding. And after they do this, neither side is able to disagree with these arbitrators or with their conclusion, or to demand that additional arbitrators be added on to the three (with the exception of situations in which an error in the judgment is discovered, as mentioned above in topic 5) (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 690-691). 

[Hrvatski Noahid]

Even though the process of arbitration is like reaching a compromise, it is similar to judgment (with the agreement of the litigants), in that the arbitrators are discussing between themselves how to judge and decide between the litigants. Therefore, all the prohibitions that apply to the judge in order to prevent perversion of justice also apply to the arbitrator; for example he is not allowed to take a bribe which will distort the judgment, and the arbitrator should not listen to the words of one litigant when not in the presence of his opponent (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 691). 

[Hrvatski Noahid]

Any payment to an arbitrator for his service of arbitration needs to be given by each side equally, because otherwise it would be a case of bribery and distortion in favor of one side (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 691). 

[Hrvatski Noahid]

If the arbitrators do not know how to judge or decide in a specific case, and they want to ask for advice from sages or other judges regarding the matter, they are permitted to do so, and the litigants may not prevent them from doing this, since they already obligated themselves with the arbitration (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 691).   

[Hrvatski Noahid]

Though the commandment of Dinim is primarily focused on the conduct of the community, with the purpose of creating a just society, each individual is nevertheless part of this community and will necessarily impact society as a whole through his or her actions. Therefore, along with the obligations on the individual to uphold the command of Dinim as part of the general scope of the command discussed in topic 1:5 above, there are also additional obligations on the individual's conduct, as a sort of branch of the command of Dinim (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 692). 

[Hrvatski Noahid]

Though all these obligations are both logical and ethical and therefore obligatory as discussed in Part I, Chapter 3, they are also considered part of the commandment of Dinim since they are the just way to act towards another person, and the purpose of the obligations is identical to that of Dinim, that of making a functional and orderly world (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 692). 

[Hrvatski Noahid]

"With righteousness shall you judge your fellow" (Lev. 19:15): This verse teaches us not only about the upholding of justice in the courts, but also the ethical and moral way for an individual to conduct his or herself. The Sages learned from this verse, "Judge each person favorably," and they also taught regarding the necessity of reaching a compromise in order to preserve peace,¹⁰⁹ and that making peace is part of judging favorably and acting kindly.

¹⁰⁹ See Ethics of the Fathers, in: 1:12, "Hillel said: 'Be of the disciples of Aaron, loving peace and pursuing peace..." (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 692).

[Hrvatski Noahid]

Part of the obligation of judging favorably is the necessary effort that must be put out to persuade the other person to become more upright. This is the source of the prohibition explained in Part I, Chapter 4, that a Gentile may not lead another to stumble in sin, as it is obligatory to judge another favorably, which includes helping the other person to become more upright (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 692).   

[Hrvatski Noahid]

It is therefore befitting that any person who can assist others in teaching the foundations of belief in the One G-d and the obligations of one person to another and to G-d, must accept this great obligation. As previously explained in the Part I, topic 3:1, Moses our teacher was commanded that all people must be compelled to accept the Seven Noahide Laws, and the obligation to persuade people to accept this is not only upon Jews, but also upon Gentiles. Any persons or groups who have influence - be they kings, governments, courts, or any individuals - and who have the ability to persuade and explain to someone about the obligation to observe the Noahide Laws, is required to do so (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 693).   

[Hrvatski Noahid]

It is self-explanatory that saving a person's life from a would-be murderer is also an aspect of pursuing justice, and therefore some say¹¹⁰ that it is obligatory for a Gentile to save another person, based on the above branch of Dinim (in addition to the obligation explained in Part V, topic 7:3).

¹¹⁰ See Hemdat Yisrael (Rambam, Laws of Kings 9:9) in the name of Zehuta D'Avraham, that a Gentile is obligated to save another's life under the command of Dinim (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 693). 

[Hrvatski Noahid]

If two boats are traveling towards each other and at their meeting point there is not enough space for both to pass at the same time without capsizing, one vessel must wait at a wider point until the other passes through. The same applies to two camel drivers that are passing through a narrow precipice in a mountain, where both cannot traverse at the same time or one would fall off; it is incumbent on one of the camel drivers to return backwards and let the other pass. How is it determined which one should go through first? First priority goes to the one carrying a load; if both are equal in this regard, the one who has an easier time turning to the side or back should do so. If both are still equal, then they should compromise between themselves or decide on a compensation for the one turning back (or to make a rotation of turns if this regularly happens) (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 693).   

[Hrvatski Noahid]

The same applies to all situations in which a number of people want to do something but cannot do it simultaneously; it is incumbent upon them to act justly in regards to making order and setting priority, even in regards to who goes first when walking up stairs, etc. Regarding such conduct, the verse says, "Justice, justice you shall pursue," i.e. one must pursue both a just decision in court, as well as a just compromise if there is no clear priority or weight towards one of the parties (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 693-694). 

[Hrvatski Noahid]

It has previously been explained in Part I, Chapter 3, that the obligations which are logically incumbent, such as honoring one's parents or being kind and charitable, are obligatory upon all Gentiles since they are the ways of upright conduct (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 694).   

[Hrvatski Noahid]

There are Rabbinic opinions which say that Gentiles are obligated to give charity (as an additional active commandment,¹¹³ beyond what is included in the specific Seven Noahide Laws, which only command about refraining from forbidden actions), and this obligation applies both to the community as well as the individual, to help the needy in any way possible.

¹¹³ Roke'ach ch. 366; Yad Ramah and Hidushei HaRan on Sanhedrin 57b; and the approbation of Netziv for Ahavat Hessed of the Hofetz Hayim (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 694). 

[Hrvatski Noahid]

Even those Rabbinic opinions that disagree and say that charity is not an explicit universal commandment, do agree that it is an obligation as part of the necessity to create a civilized world, by protecting and helping others.¹¹⁴ It is not permissible, nor is there any justification, for any community to hide from its poor constituents and not make efforts to help them. A community that ignores the poor is comparable to the historic cities of Sodom and Ammorah (Gomorrah), and will eventually be destroyed as they were.

¹¹⁴ Likkutei Sihot vol. 5, p. 160 (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 694). 

[Hrvatski Noahid]

Regarding these cities, the prophet Ezekiel said; "Behold, this was the sin of Sodom ... She and her daughters (her suburbs) had pride, fullness of bread and peaceful serenity, but she did not strengthen the hand of the poor and the needy. And they were haughty, and they committed an abomination before Me, so I removed them in accordance with what I saw." The Sages said that the destruction of Sodom and Ammorah was only finally decreed on account of their not upholding the hand of the needy, and because they prevented from their midst all efforts of charity and help to the poor (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 694-695). 

[Hrvatski Noahid]

Charity and kindness are the attribute of Abraham, about whom G-d said, "For I have known (loved) him, because he commands his children and his household after him, that they keep the way of the L-rd, doing charity and justice ..." From all of Abraham's qualities, G-d praised his exceptional kindness (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 695). 

[Hrvatski Noahid]

An act of kindness is greater than charity, as it can be done for the rich as well as the poor, and can be done both with money as well as bodily effort (such as visiting the sick, gladdening a bride and groom, and escorting a friend). As well, charity is done only for the living, whereas one can do kindness for the dead as well (such as eulogizing, escorting the bier and burying the dead) (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 695). 

[Hrvatski Noahid]

Included in kind actions are visiting the sick, comforting the bereaved, paying for the expenses of the dead and arranging for a eulogy, and burying the dead with honor befitting the deceased and his or her relatives, making wedding arrangements and inviting guests.<sup>121

121</sup> Rambam, Laws of Mourners ch. 14. See Roke'ah ch. 366, who implies that Gentiles are obligated to invite guests either because it is a logical obligation or it is part of their obligation of charity. See Rashbam on Genesis 26:8, that the obligation of inviting guests preceded the laws given at Sinai, i.e., that it is part of a commandment to Gentiles (the Divine Code by Rabbi Moshe Weiner, Ask Noah International, 2018, p 695).