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Exodus 23:2 - Majority doesn't justify injustice

Exodus 23:2 - שמות 23:2

Hebrew Text

לֹא־תִהְיֶה אַחֲרֵי־רַבִּים לְרָעֹת וְלֹא־תַעֲנֶה עַל־רִב לִנְטֹת אַחֲרֵי רַבִּים לְהַטֹּת׃

English Translation

Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to incline after a multitude to pervert justice:

Transliteration

Lo-tihye acharei-rabim lera'ot velo-ta'ane al-riv lintot acharei rabim lehatot.

Hebrew Leining Text

לֹֽא־תִהְיֶ֥ה אַחֲרֵֽי־רַבִּ֖ים לְרָעֹ֑ת וְלֹא־תַעֲנֶ֣ה עַל־רִ֗ב לִנְטֹ֛ת אַחֲרֵ֥י רַבִּ֖ים לְהַטֹּֽת׃
לֹֽא־תִהְיֶ֥ה אַחֲרֵֽי־רַבִּ֖ים לְרָעֹ֑ת וְלֹא־תַעֲנֶ֣ה עַל־רִ֗ב לִנְטֹ֛ת אַחֲרֵ֥י רַבִּ֖ים לְהַטֹּֽת׃

🎵 Listen to leining

Parasha Commentary

Understanding the Verse

The verse (Exodus 23:2) contains two prohibitions related to justice and moral conduct:

  • "לֹא־תִהְיֶה אַחֲרֵי־רַבִּים לְרָעֹת" – "Do not follow a multitude to do evil"
  • "וְלֹא־תַעֲנֶה עַל־רִב לִנְטֹת אַחֲרֵי רַבִּים לְהַטֹּת" – "Do not speak in a dispute to incline after a multitude to pervert justice"

Rashi's Commentary

Rashi explains the first clause as a warning against joining a majority when they are engaged in wrongdoing, even if the majority seems to endorse it. The second clause, according to Rashi, refers to a judge who must not rule based on the opinion of the majority if he believes they are wrong in a legal dispute. A judge must declare what he perceives as the truth, even if it contradicts the majority.

Rambam's Interpretation (Hilchot Sanhedrin)

Rambam (Maimonides) applies this verse to judicial proceedings, emphasizing that a judge must not be swayed by the number of colleagues who hold a certain opinion if he believes they are mistaken. In Hilchot Sanhedrin (10:7), he rules that a judge must argue for the truth as he sees it, even if he stands alone against the majority.

Talmudic Discussion (Sanhedrin 2a)

The Talmud discusses this verse in the context of court rulings, stating that a judge must not suppress his own opinion out of deference to more senior or numerous colleagues if he believes they are incorrect. The principle of "אַחֲרֵי רַבִּים לְהַטֹּת" ("to incline after the majority") applies only when the majority is pursuing truth, not when they are perverting justice.

Midrashic Insight (Mechilta)

The Mechilta elaborates that this verse teaches moral courage—one must not justify wrongdoing simply because many others are doing it. Even in societal pressure, a person must uphold righteousness and not participate in injustice.

Practical Halachic Application

This verse serves as a foundational ethical and legal principle in Judaism:

  • Judges must rule based on truth, not majority pressure.
  • Individuals must resist peer pressure when it leads to sin.
  • The Torah prioritizes justice and truth over conformity.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Sanhedrin 2a
The verse is discussed in the context of judicial procedures, emphasizing the importance of not following the majority when it leads to injustice.
📖 Bava Metzia 59b
Referenced in the famous 'Oven of Akhnai' story, illustrating the principle that truth is not determined by majority opinion in matters of halakha.

Frequently Asked Questions

Q: What does Exodus 23:2 mean when it says 'Do not follow a multitude to do evil'?
A: This verse teaches that one should not blindly follow the majority if they are doing something wrong or unjust. Rashi explains that even if many people are acting improperly, a person must stand up for what is right and not participate in wrongdoing just because 'everyone else is doing it.'
Q: Why is Exodus 23:2 important in Jewish law?
A: This verse is a foundational principle in Jewish ethics and law (Halacha). The Talmud (Sanhedrin 2a) discusses how judges must rule based on truth and justice, not popular opinion. The Rambam (Hilchot Sanhedrin) also emphasizes that a judge must never bend the law due to pressure from the majority.
Q: How does Exodus 23:2 apply to everyday life today?
A: This verse reminds us to think independently and act with integrity, even when facing social pressure. The Midrash (Mechilta) teaches that one must resist peer pressure to do wrong—whether in business, speech, or behavior. It encourages moral courage in all aspects of life.
Q: What does 'do not incline after a multitude to pervert justice' mean?
A: This warns judges (and by extension, all people) not to let popular opinion sway fair judgment. The Sforno explains that justice must be based on truth, not the number of people supporting a falsehood. Even if many people argue for an unjust outcome, one must not bend the truth.
Q: Can you give an example of how this verse is used in Jewish tradition?
A: Yes! The Talmud (Bava Metzia 59b) tells a story where Rabbi Eliezer was outvoted in a legal debate, but a heavenly voice supported his view. The sages replied, 'The Torah is not in heaven'—meaning human courts must follow majority rule ONLY when debating legitimate interpretations, not when the majority is clearly wrong (as in Exodus 23:2).