Jacob Keren’s reaction to the judgment was short and to the point. If Simha Balani turned down the princely pension Solbon had offered, a lump sum was the proper compensation. What he did with the money was out of our control and, accordingly, not our concern.
Keren was equally nonchalant about the contributory negligence issue. He agreed that the defence had to be pleaded. A contribution of 20 per cent would have been preferable but 15 per cent was appropriate. His one admonition was that I refrain from pressing Solbon and Rotem to drop the defence. Simha had been aware it would be raised and we – the firm of Jacob Keren and Associates – represented the defendants – not Simha Balani. A decision not to pursue the defence of contributory negligence had to come from the clients and be made at their initiative.
Rachel’s reaction was more contemplative. She was surprised that Malka Balani had assumed the courage to voice an opinion. A good Sephardic wife would take such a step only if she had no confidence at all in Shimon’s judgment and ability.
“But even so, she did not assert herself,” I pointed out.
“Of course not. Very few women – Oriental or Occidental – would. It may be wrong; but that’s the way it is!”
“Although she will have to bear the brunt of looking after Simha on her own if his compensation is frittered away by that son of his?”
“I am afraid so; unless, of course, she ran away. But women like her usually don’t. She’ll suffer silently and without complaint.”
“But then, Rachel, Simha ain’t a fool. He knows all this. I suspect he even knows that Shimon is a simpleton. So why doesn’t he put his foot down: for Malka’s sake if not his own?”
“Doesn’t want to lose his son’s regard! A parent often forgives his child …
“… the prodigal son motive!” I broke in.
“Precisely. But, you know, I have never heard any mention of a prodigal father! If a parent loses his son’s or his daughter’s love or natural affection, he is not readily forgiven! You see, Eli, I had never forgiven my father. In my last year at law school, he came to see me with the hope of a reconciliation. Well, I threw him out.”
“Why?”
“Because a child has expectations from his parents. They are the essence of its life. It does not necessarily work the other way round. A parent cannot come back to the family he deserted. You see, a good parent is terrified of forfeiting his child’s affection. Usually, a parent will walk an extra mile to please his child: even if his mind tells him he is making a mistake.”
“So that is Simha’s weak point in the instant case.”
“I fear it is. Just as ‘don’t interfere’ is the motto of poor Malka.”
“So – all in all – nothing can be done!” I pointed out.
“Not as the law stands, unless our courts depart from English precedents. And, Eli, you better remember you are acting for Rotem and Solbon. Let your good friend Boaz look after Simha’s interests. It is his function. But even he can’t do much, except coax!”