Parshas Mishpatim 5786 - Social Influence

The Torah states (Shemos 23:2):

“Do not follow the majority for evil; and do not respond to a grievance by yielding to the majority to pervert the law.”

Rashi explains that the clearest interpretation (pshat) of this verse refers to a Beis Din adjudicating a capital case. When a majority of judges incline toward conviction, an individual judge must not say, “Since they are many, I will follow them.” Each judge must render his decision based on his own independent judgment. If he harbors serious doubts about the defendant’s guilt or innocence, he may not allow himself to be swayed by the majority.

This raises a powerful question: How is it possible that a judge on the Sanhedrin would be susceptible to peer pressure to the extent that he might abandon his own reasoned conclusion?

The Torah already sets exceptionally high standards for judges. Moshe, following Yisro’s advice, was told to appoint “men of ability, God-fearing, men of truth, who hate unjust gain” (Shemos 18:21). The Rambam elaborates that members of the Sanhedrin must be men of extraordinary wisdom and intellectual distinction (Hilchos Sanhedrin 2:1). Even judges on lower courts must possess multiple qualities, including wisdom, humility, fear of God, love of truth, and a sterling reputation (2:7).

If so, how could such learned and righteous individuals be influenced to such an extent by the opinions of their colleagues to abandon their own convictions?

The Torah is teaching us a profound truth: peer pressure is extraordinarily powerful. Its influence is often subtle, even unconscious. The desire to conform, to avoid conflict, or to align with respected colleagues can affect even the most distinguished Torah scholars. The warning is not a criticism of judges, but a recognition of human nature.

The Torah itself highlights the rarity of resisting majority pressure. Hashem praises Kalev for standing against the ten spies and publicly maintaining that the Jewish people should enter the land of Israel (Bamidbar 14:24; Ohr HaChaim). It required immense courage to oppose not only the majority, but prominent leaders of the generation.

If even the greatest judges require a warning against subtle social influence, how much more must we be vigilant. Peer pressure does not only affect the weak or uninformed; it is a universal human vulnerability.

Modern psychology reflects this Torah insight. In his famous 1961 Yale experiment, Stanley Milgram demonstrated that ordinary individuals were willing to administer what they believed were dangerous electric shocks simply because an authority figure instructed them to do so. Milgram concluded that many people, without malicious intent, can become agents of destructive actions when influenced by authority and group pressure.

That is why environment matters so deeply. We must be deliberate about the schools we choose for our children, the communities in which we live, and the colleagues with whom we associate. Surrounding ourselves with people who embody Torah values allows the powerful force of social influence to work for us rather than against us.

The Torah reminds us that we are never immune to the influence of those around us. We should endeavor to seek out and surround ourselves with positive, Torah influences. In that merit, may we always strive to do “what is right and good in the eyes of Hashem” (Devarim 6:18).