Parashat Mishpatim

Parasha Thoughts

By Rabbi Shemuel Akhamzadeh

אַחֲרֵ֥י רַבִּ֖ים לְהַטֹּֽת׃ (Shemot 23:2)

Majority rule, or in halachic terms Halacha Krabim, is one of the basic principles of halacha. However, this law is not to be used at will and as Chatam Sofer explains, only when there is a lack of certainty on a subject matter may we apply majority rule.
The story is told of Rav Yitzhak Zekel (Hungary 1819-1891) who was a child prodigy. When the Duke hears of the young Yitzhak’s genius – who at the time was nine years old – he invites him to his mansion. Before the boy arrives, the Duke instructs all the servants to leave the premises so there will be no one around whom the boy can ask where the Duke’s office is in the large mansion. But Rav Yitzhak easily finds his way around and reaches the Duke. After some talk the Duke asks the young boy, “What would you have done if there were servants present giving you conflicting directions to my office?” The boy replies that he would follow the majority. Hearing this the Duke challenges the boy that he should convert as there are more Christians than Jews and the majority is with them. At first the young boy was taken back, but after a moment he replied, “Majority rule applies when one is in doubt. For example, now that I know where the Duke’s office is, even if all the servants tell me another place, it would be foolish for me to follow their directions. So too our belief in Torah is absolute and there is no room for doubt, so I don’t need to apply the rule of the majority.”

Shabbat Shalom