Sicha, Shabbos Parshas Mishpatim 5715,
And Maamar, Lo Sihiye Meshakeila 5712 –
Likkutei Sichos, vol. 16 Mishpatim 4
A. Partial Admission
Before Moses ascended Mount Sinai for forty days, he left the elders to judge the people in his place and said, “whoever has a case, let him go to them.” (Source 1). From these words the Talmud derives this rule: when a court opens a case, it first hears the plaintiff’s claims—the “one with the case”—and only then listens to the defendant’s reply. (Source 2)
Why is it so important who speaks first?
Because the law is that one who partially admits a claim against them must take an oath—but only if he admits after the claim is made. However, if the defendant comes voluntarily to the court and admits that he owes the plaintiff fifty dollars, he is exempt from swearing on that matter.
The reasoning is that if the defendant only “remembers” to admit after being sued, his reliability is in doubt. Therefore, he must swear that he owes nothing more to confirm his claim. In contrast, if he comes forward on his own and admits his debt, the Torah exempts him since he proves his trustworthiness.
There is one exception: if a defendant confesses only after the claim, yet at that time his assets are declining in value, the court hears his testimony first and exempts him from the oath (Source 4). In such a case, since he delayed his admission out of fear that his assets would lose value, the Torah rules in his favor—allowing him to present his case first, avoid the lawsuit, and sell his assets at their true value. (Source 5)
B. The Deeper Explanation
According to the inner dimension of the Torah, this law has the following meaning:
The Plaintiff represents the negative inclination that impedes the Jew, and then accuses them of being completely overcome by sin.
The Defendant is the Jew who “partially confesses” to that charge by saying, “Yes, I have erred, but I am not entirely engulfed in sin,” for no Jew is wholly dominated by evil.
This idea comes from the verse on partial admission: one part addresses transgression—depicting a Jew who sins and tarnishes his mission—and the other addresses loss—describing a Jew who fails to realize his full potential. Yet the Jew responds, “As for that which is said,” accepting part of the charge while rejecting its full conclusion.
Thus, the Torah rules that one who partially admits must take an oath, thereby affirming even the part he does not admit to. In our Divine service, this means that because a partial admission shows a lapse, the person needs external strength to avoid complete downfall. Swearing draws on spiritual forces to help overcome the negative inclination. However, misusing these forces can be risky—which is why the sages advised avoiding oaths whenever possible.
But is there another way to overcome the inclination without such risk? There is.
C. Stop Thinking About Yourself
Before his death, Rabbi Yochanan ben Zakai wept, fearing he might enter Gehinnom. How could one of the greatest sages be satisfied with his spiritual state and yet fear Gehinnom?
The explanation is that he was always busy fulfilling his divine mission. He devoted every moment to action and never paused to assess his personal spiritual condition. Only near the end of his life did he reflect on whether he had truly done his utmost with the time and abilities given to him—and this thought brought him to tears.
This teaches us that our every moment must be devoted to fulfilling one’s Divine mission—to the point of forgetting our personal concerns. Even if we fall short for a time, G-d makes up for lost moments. The years and abilities G‑d grants us for our mission are true assets. When we dedicate all our abilities solely to serving G‑d, we don’t waste time arguing with the negative inclination. In this case, our claim is accepted and we are exempted from the oath—not only avoiding further entanglement in sin but also having G‑d restore the time and abilties we wasted.
