The Judgment of Solomon refers to a story from the Hebrew Bible in which King Solomon of Israel ruled between two women both claiming to be the mother of a child. It has become a metaphor referring to a wise judge who uses a stratagem to determine the truth, tricking the parties into revealing their true feelings. Specifically, the judge pretends that he will destroy the subject matter of a dispute, rather than allowing either disputing party to win at the expense of the other.
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The story is recounted in 1Kings 3:16-28. Two young women who lived in the same house and who both had an infant son came to Solomon for a judgement. One of the women claimed that the other, after accidentally smothering her own son while sleeping, had exchanged the two children to make it appear that the living child was hers. The other woman denied this and so both women claimed to be the mother of the living son and said that the dead boy belonged to the other.
After some deliberation, King Solomon called for a sword to be brought before him. He declared that there is only one fair solution: the live son must be split in two, each woman receiving half of the child. Upon hearing this terrible verdict, the boy's true mother cried out, "Please, My Lord, give her the live child—do not kill him!" However, the liar, in her bitter jealousy, exclaimed, "It shall be neither mine nor yours—divide it!" Solomon instantly gave the live baby to the real mother, realizing that the true mother's instincts were to protect her child, while the liar revealed that she did not truly love the child. The reputation of the king greatly increased when all the people of Israel heard of this wise judgment.
According to the Midrash, the two women were sisters-in-law, both of whom had borne sons, and whose husbands had died. The baby was actually the lying woman's nephew. Therefore, when Solomon suggested that the infant be split in half, the lying woman, jealous of her nephew and sister-in-law, agreed. Thus was Solomon able to know who the real mother was.[1]
The expressions "splitting the baby" or "cutting the baby in half" are sometimes used in the legal profession for a form of simple compromise solutions which "split the difference" in terms of damage awards or other remedies (e.g. a judge dividing fault between the two parties in a comparative negligence case).[2] The term is often used informally or humorously, rather than in a literal sense.
However, this is a disfavored idiomatic usage, because it means exactly the opposite of the etymology. As the above narrative suggests, "splitting the baby" properly refers to a split that cannot be made because it is difficult, impractical, or futile. ("The proposed compromise served no one's needs and was thus akin to splitting the baby.")
US Legal Exception: some custodial parents have tried using the same argument for splitting child custody order which fails because laws exist both at the Federal and State levels that puts a mandatory minimum (for each child) and not a 50-50 rule because doing so may bankrupt the noncustodial parent.
The Judgment of Solomon has long been a popular subject for graphic artists. Considered an example of wisdom in judgment, the scene is often chosen for decoration in courthouses. In the Netherlands, many 17th century courthouses (Vierschaar rooms) contain a painting or relief of this scene. Elsewhere in Europe, celebrated examples include:
The scene has been the subject of television episodes of Dinosaur, Recess, Seinfeld, The Seven, and Law & Order: Special Victims Unit. It has influenced other artistic disciplines, e.g. see Bertolt Brecht's play The Caucasian Chalk Circle and Ronnie snatching Kat's baby in EastEnders.
The HIM (Finnish band) song "Shatter Me With Hope", includes "We'll tear this baby apart, wise like Solomon".
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