Being a strong Minority
We are told over and over again to be a holy/righteous people. Mishpatim (משפטים — Hebrew for “laws”) Exodus Chapter 23: 1 – 3 gives us some clear instructions to accomplish this. We are given a set of laws that sound like they apply to judges in court cases, but in so many ways speak to the difficulty we all face in our daily lives. The text tells us: You shall not accept a false report; do not place you hand with a wicked person to be a false witness. You shall not follow the majority for evil, and you shall not respond concerning a lawsuit to follow the many to pervert justice. Neither shall you glorify a poor man in his lawsuit
I tend to think of these versus as a “gestalt” a whole picture that set a pattern for behaviors in many situations. They tell us to pursue justice without leaning towards the rich or the poor, or being swayed by the mighty or the many. We are also instructed to stand up and speak the truth when we believe the majority is following evil, even if our words will not change the actions of the minority.
The instructions are deceptively simple, pursue justice without bias or fear, but there are deeper levels to these lessons that might be more complex. For example, Rashi tells us that we are not to accept slander, nor should we hear the plea of one litigant until his opponent arrives. That means that we cannot listen to one side of the story and make a decision. Sounds easy, but it seems that I often hear a tale of woe from a friend about another person, or from a student about a teacher (or visa-versa) without the other person present. How often do I forward an email without checking the information or asking for another opinion? Rahsi suggests that it is my obligation to seek out the entire story, told from both (or many) side before I make any judgments. It is my obligation to bring these people together and have them tell their stories in front of each other.
Rashi also interprets these verses to mean that because it is difficult, perhaps rude, to differ with the master of the court, the smallest, or least esteemed should be the first to express an opinion. This way we are not biased by the might of the most esteemed judge and can give our opinion freely. Sounds easy. I can do this. Then I remember the times that I voiced an opinion before engaging my students or someone who reports to me. This mitzvot takes on a different meaning now. It is my obligation to ask for the opinion and views of the “smallest” before expressing my own. I must guarantee that the minority is heard and listened to first.
The most challenging elements in these verses might be the part about not following the majority. It is not easy to say no to the group; in fact it can be a very uncomfortable process. The Rashbam tells us that even if others will follow the majority, we are obligate to speak up. The Bekor Shor states that our voice might change the opinion of others and will help others see the situation in a different light. We are obligated to speak up, against the majority, which takes courage.
We know that it is psychologically very easy for a group to sway an individual. There is a great deal of research on this that demonstrates that even our visual perception can be changed by a large group disagreeing with us. A group can actually change what we believe we are seeing. It is even easier for a group to sway our understanding of a situation. We even have a psychological term for this: group think. Clearly our brains are wired to find ways to think like the group around us
The Torah clearly recognizes this human element. It is human to feel safer when we blend into the group and are seen as “agreeable” or “easy to get along with.” It takes a great deal of courage to stand up to a group, even those we perceive as doing evil, and especially if they happen to be our friends. Sometimes we have to choose to leave that group, that seemingly safe haven, in order to speak the truth.

These themes run through our Torah: Abraham leaves the comfort of the known world to be a minority in the world of Pantheonic majority. Rebecca stands up to her family and chooses to go into an unknown world and then stands up to tradition and helps Jacob receive the birthright blessing before Essau. Jacob leaves his family and heads to his Uncle Labin’s, and lives as a good man in a dishonest world. Joseph stays true to HaShem while outnumbered by strangers in Egypt and stands up to authority. The stories go on and on about our Matriarchs and Patriarchs who voiced the minority opinion in the face of the majority and changed history.
We also hear the stories about the power of a minority to influence the majority. In the story of Sodom we learn that even ten good people would change the nature of the town. We see that ten spies influenced a nation and kept the Israelites from entering the land. We remind ourselves of this power when we join a minyan in prayer. Our act of joining a small minority to pray affects the opinions and actions of the majority around us.

But we are often distracted from these obligations. It is easier to have someone else make big decisions, sit on the jury, decide right from wrong. It is more “collaborative” to give in to a poor compromise. The team is going to make that decision anyway, so what good does it do to speak up? Perhaps we are the ones that hush a minority opinion because we are in a hurry to get a task done.

Or perhaps we are afraid. It can be frightening to speak up against the majority. I remember many occasions in which I was worried about voicing my opinion and disagreeing with those in positions of authority. It was the rare leader who will listen first and consider decide later.
But what if I speak up against the majority, my friend included? How will I be treated by the majority? Where are we told how to treat the person who is the fish out of water? How are we to treat this “upstart” minority among us? How will we be treated by the mighty, if we to choose to fulfill our role as the minority opinion? How will we be treated by our community? Where are those instructions about how we are supposed to treat those among us speaking for the minority?

I believe we find the answer in one of the most repeated commandments in Torah: “You shall not oppress the stranger, for you know the feelings of the stranger, having yourselves been strangers in the land of Egypt”. (Ex. 23:9). Over and over we are told that we were once the minority in a narrow place, constrained by the will of the majority. In that narrow place we had the courage to speak the truth, to be the minority opinion. It is now our obligation to honor others in that role.

I have been a whistle blower three times, each time at some professional or personal risk. It takes courage. I knew it was the right thing to do, but I also knew that the action would “out me” as a minority. I would have to face the majority, the mighty, and speak the truth, even if I was not believed. What supported me in this was the knowledge that “All that is necessary for the triumph of evil is that good people do nothing." (Edmund Burke)
These whistle blowing experiences also taught me the importance of how we present our minority opinion. We are told in these verses not to focus on the poverty or wealth, the weak or the mighty. We are in essence being told to give an opinion, majority or minority, with respect to assure no one will be embarrassed. This reflects yet another mitzvah, to not embarrass others (Leviticus 19:17)

I believe these verses tell us why Jews, against all odds, are still on the planet against all odds. We are a tiny (.02%) minority that speaks truth to the majority. Hashem counts on the minority to keep the majority from evil, and in the process we help others awaken to their own divine spark.