Choosing The Lesser Evil

Note: This article discusses serious halachic and philosophical issues. It is not my intent to provide guidance to anyone in a particular situation but rather to engender discussion.
There is lengthy discussion in Sanhedrin (6a–7a) about the appropriateness of compromise in beis din. For practical halachah, we do encourage compromise. However, the Gemara records opinions of those who disagree.
Rabbi Elazar the son of Rabbi Yose HaGlili says, “It is forbidden (for the judges) to compromise (once litigants have arrived at the beis din). Anyone who compromises is considered a sinner. Whoever blesses one who compromises is considered a scorner. Regarding this the verse states, “U’botzei’a beireich ni’eitz Hashem,’ ‘And a blesser of one who compromises is scorning Hashem’ (Tehillim 10:3). Rather, let the judgment pierce the mountain.” [Note: The root “betza” can refer to a compromise as well as to ill-gotten gains.]
The Gemara then records that Rabbi Tanchum bar Chanilai disagreed with Rabbi Elazar. Rabbi Tanchum bar Chanilai held that the verse is not referring generally to a judge who compromises, but rather alludes to the incident of the Golden Calf.