Never Pick a Winner Before You Hear the Case
The most dangerous thought in any decision: "He's an important person, he wouldn't lie."
2 minute readYehuda ben Tabbai says that while two sides stand before a judge, he should see both of them as guilty. Isn't that unfair to the one who is right?
Yehuda ben Tabbai and Shimon ben Shetach were the third of the "pairs" of sages who led after the Great Assembly. Yehuda ben Tabbai gives judges three rules. Do not act like an advocate for one side: Bartenura (Rabbi Ovadiah of Bartenura, the classic 15th-century commentator on the Mishnah) explains that one may not coach a litigant on how to win, even if he knows the law is on that side. While the two sides stand before you, see both as if they were guilty, so that your heart does not lean toward one and say, "He is an important man, he would not make a false claim." And once they leave, having accepted the ruling, see both as innocent. Do not call the one who lost a thief. Perhaps he simply made a mistake.
Read the mishnahPirkei Avot 1:8 in Hebrew, with our English
Decide on the facts, then let it go
Most disputes at work have a "more important" side: the senior engineer against the new hire, the big client against the small one. Yehuda ben Tabbai's rule is to take the importance out of the room while you decide. Bartenura names the exact thought to watch for: "he is an important person, he would not say something false." Once that thought is in your head, you can no longer see where he is wrong.
The first rule is about coaching. When you are the one who decides, whether it is a budget call, a promotion or a fight between two people on your team, you cannot also be one side's advisor. Telling one person, privately, how to frame it so that they win, even when you think they are right, means the decision was made before the meeting started.
And the third rule is the one most people skip. After the decision, the side that lost walks out clean. No "I always knew he was like that." Bartenura says to tell yourself that perhaps he made an honest mistake. The case is closed, and so is your verdict on him.
The next time you settle a disagreement, write down each side's facts before you think about who said them. Afterward, treat whoever lost exactly the way you did before.
Ask yourself, or your study partnerWhose ideas do I accept faster because of who they are, and whose do I dismiss for the same reason?
Go deeperWhat the commentators say, and every source
Not a lawyer for one side
The Rambam (the great 12th-century codifier and philosopher) goes further: even if he truly believes this litigant is the one being wronged and the other side is lying, he may not teach him any argument that would save or help him.
Bartenura also brings a second reading: a student sitting before his teacher should not act like one of the great judges and rule in front of him.
Both guilty while they stand
Both innocent once they leave
Sources
- Pirkei Avot 1:8: the mishnah.
- Bartenura on Avot 1:8: the three rules.
- Rambam on Avot 1:8: not even for the one who is right.