Midrash su Proverbi 17:14

(Ib. b) R. Simon b. Menasia says: "If two come with a case before you, prior to the hearing of their claims, and even thereafter, but before you are aware which way the judgment will incline, you may say to them: 'Go and arbitrate between yourselves.' But after you have heard their case and are aware which way the judgment inclines, you must not [advise them to] go out and arbitrate, as it is said (Prov. 27, 14). As one letteth loose [a stream] of water, so is the beginning of strife; therefore, before it be enkindled, leave off the contest; i.e., before it be enkindled, you may [advise them to] leave off, but after the contest had been enkindled you must not [advise them to] leave off." Resh Lakish said: "If two persons came with a case before you, one being mighty [who can harm you] and the other lenient, before you heard their case, or even thereafter, but before you are aware which way the judgment inclines, you may say to them, 'I am not obligated to judge you,' because of fear that if the mighty loses he will pursue you. But after you had heard their cases, and are aware which way the judgment inclines, then you must not say, 'I am not obligated to judge you,' because it is said (Deut. 1, 17) Ye shall not be afraid of any man."

R. Hamnuna said: "The first account for which a man is called to justice after he dies is concerning studying the Torah, as it is said (Ps. 17, 14) As one letteth loose [a stream] of water, so is the beginning of strife." R. Huna said: "Strife is likened to an inroad made by a burst [of water], once entering it, it widens more and more."

It happened once that R. Tarphon and the elders were sitting in the house Net-za, in Lud, when the following question was submitted to them: "What is greater, study or actions?" R. Tarphon answered that action is greater, while R. Akiba answered that study is greater. Whereupon all of them answered and said that study is greater, for study may lead a man always to the right actions. We are taught in a Baraitha, R. Joseph says: "Study is great, for it preceded the commandment of Chala with forty years and that of T'ruma and Tithes with fifty-four years and that of Sabbathical years with sixty-one and that of a Jubilee year with a hundred and three years." Is it only one hundred and three? Behold, it is one hundred and four preceding the Jubilee year? This Tanna holds that the Jubilee year is in the very beginning of the fiftieth year. Just as study is preferred to acts, so also does the sentence of man, concerning the study of Torah, precede that of actions, as R. Hamnuna said; for R. Hamnuna said: "The first thing for which a man is called to account is concerning the words of the Torah, as it is said (Pr. 17, 14) As one letleth loose a stream of water, so is the beginning of strife! and just as he is called to account first on the Torah, so also is one rewarded first for studying the Torah, as it is said (Ps. 105, 44) And He gave them the land of nations; and the labor of people, they obtained as an inheritance."

R. Simeon the son of Menasya said: When two men come before you with a case at law, you may tell them to depart and settle the matter between themselves before you have listened to their case or even after you have heard it. That is, if you have not yet reached a decision as to which one will receive the favorable verdict. However, if you have already heard the case and arrived at the decision to be rendered, you are not permitted to tell them to settle the matter between themselves, as it is said: The beginning of strife is as when one letteth out water; therefore leave off contention, before the quarrel break out (Prov. 17:14). This indicates that before the circumstances are made known to you, you are permitted to drop it (the case), but after the matter at issue is disclosed, you are not permitted to drop it.

"Do not fear any man": If two come to be judged before you, before you hear what they have to say you may remain silent. If you have heard the case but you do not know how to rule for exoneration or incrimination, you may remain silent. Once the judgment is clear to you, you may not remain silent. The same applies to compromise. If two come before you for judgment, before you have heard what they have to say, or after you have heard, but you do not know how to rule, you may tell them: Go out and compromise. Once you have heard their words and you know how to rule, you may not tell them to go out and compromise, as it is written (Proverbs 17:14) "As the letting loose of water is the beginning of contention, and before the (law of) the quarrel is revealed, leave it." And the sages say: The compromiser is a sinner, and one who praises the compromiser is a sinner, as it is written (Psalms 10:3) "And the blesser of the compromiser rejects the L-rd," The praiser of (compromising) judges is thus found to reject his Creator. R. Shimon b. Gamliel says: Compromise is raising the small and lowering the great. R. Yehoshua b. Karcha says: It is a mitzvah to compromise, as it is written (Zechariah 8:16) "These are the things that you shall do: Speak the truth, one man to his neighbor. Truth and a judgment of peace shall you judge in your gates." Which is "a judgment of peace"? Compromise.

And just as learning is greater than doing, so is its punishment (i.e., that for not learning) greater than (that for not) doing, as it is written (Proverbs 17:14) "Freeing oneself from water (i.e., Torah) is the beginning of punishment." And just as the punishment for (not) learning is greater than that for not doing, so is its reward greater than that for doing. As it is written (Devarim 11:19) "And you shall teach your sons to speak in them (words of Torah) … (21) So that your days be prolonged and the days of your children, etc." And (Psalms 105:44) "And He gave them the lands of nations, and they inherited the toil of peoples, so that they keep (i.e., learn) His statutes and heed His laws."