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CHUMASH CANDESCENCE
PARASHA SHOFTIM
DEUTERONOMY 16:18-21:09
RABBI ARTHUR SEGAL
"Here Come da Judge"
SYNOPTIC ABSTRACT:
This week's portion reviews the rules about the Israelites' court system,
as well as the penalties for idol worship, rebelling against the
authority of the Torah, and witnesses who lie under oath. The parasha
also sets down rules for our future kings and rules of warfare, including
the basis of our modern conscientious objector status. To learn more,
please read further.
"Justice, justice, shall you pursue"(Deut. 16:20). These are five words ,
which if everyone followed, our task of Tikun Olam (repair of the world)
would be finished. The pursuit of justice has been a challenge to all
people. Some groups choose to ignore it all together. The Hebrew word for
justice is "tzadakah." This is the same word commonly translated as
"charity" that we read about in last week's Torah portion. Being a judge
("shofet" in Hebrew, where this parasha derives its name) is holy work.
Eye witnesses must be examined carefully. Circumstantial evidence and
logical conjecture is not admissible in court. Bribes cannot be taken.
Our judges must be truthful judges, just as we bless God as the
"truthful judge" when a tragedy occurs.
The same holiness is demanded from our kings. Our kings were obligated to
write their own Torah scrolls and carry them with them at all times
(Deut. 17:18-20). They were also obligated to study it daily. The
Kabbalists study the Hebrew word "melech" (king). They say it alludes to
three words: "moach" (brain), "lev" (heart), and "kaveid" (liver). The
liver filters the blood before sending it to the heart. The heart
refines the blood further before sending it to the brain. Before our
kings reached a decision, they had to go through a process of
intellectual and spiritual refinement.
Even our witnesses in court have a holy obligation to be truthful. If a
witness lies, he is punished with the same penalty that the defendant was
in jeopardy of receiving if found guilty. Even if there are 100
witnesses and one is found to lie, all of the witnesses testimonies are
disregarded. There were no lawyers or prosecutors . The witness brought
the charges and the judges examined all parties. Imagine if our court
system today had these same rules. Prosecutors and plaintiffs would think
twice about bringing trumped-up charges or frivolous law suits against
defendants. Our kings had to go to the front lines of the battle if they
declared war. Imagine how few wars there would be if our modern
presidents and prime ministers had to go out into battle with the youth
of their societies.
"Appoint for yourselves judges and police at all of your
gates"(Deut.16:18). Why did the Torah add the word "lecho" (for
yourselves)? The Mishna Pirket Avot 2:18 says we should not do evil
"before ourselves." We must constantly oversee our own actions. In a
previous parasha we were called a "kingdom of priests." We also have an
obligation to be a kingdom of honest judges, watchful policemen, and just
kings. Another explanation is deeper. Many times we are lauded by others.
We are painfully aware of our own shortcomings. We should not let
ourselves become blinded by their others' praises. "And you shall not
take bribery, for bribery blinds the eyes of the wise, and twists the
words of the righteous"(Deut.19:19). We must be self-judges and each
police ourselves.
"Where should our judges sit?", asks the Shla'h HaKadosh. He writes that
a person has seven gates: two eyes, two ears, two nostrils, and one
mouth. We should guard our mouths from speaking loshan ha ra (derogatory
speech). We should be careful of what we listen to and how we look at
things in life. We need to continually pursue this personal goal.
Talmud Tractate Nedarim 32B says we find that "at the time the evil
inclination takes control, there is no one to remind you of the good
inclination." Anyone that has been on a diet knows this only too well! We
certainly have an obligation to judge and correct ourselves before
judging others.
The Talmudic rabbis ask why is the word "justice" repeated and what does
"pursue" mean. Pursue implies an ongoing endeavor. Tractate Sanhedrin 32B
gives two answers. "You shall follow an eminent court of justice." And
"Follow scholars to their academies." They argue that the best way to
avoid the need for justice is to learn Torah and follow its ethics. But
the sages go on to say that the first mention of justice means a decision
based on strict law, while the second word means to compromise with
leniency. They say the best justice is situational and subjective. They
say the best judges will find equitable solutions to complex practical
situations. This is the pursuit of justice. Mandatory sentencing laws are
not part of Jewish legal tradition. Daf (folio-page) 46A goes so far as
to say "I have heard that the court may pronounce lenient sentences even
where not warranted by the Torah, not with the intention of disregarding
the Torah, but in order to safeguard the spirit of the Torah."
There are times when the law must be set aside in order to uphold the
law. Tractate Berachot 63A says that in order to do work for God, you
must sometimes void the Torah laws. For the world to exist, the second
"justice" of compromise and mercy needs to be pursued as well. "Jerusalem
was destroyed because they gave judgments therein in accordance with
strict Torah law... they based their judgments strictly on the Torah and
did not go beyond the letter of the law" (Tractate Bava Metzia 30B). This
is why Hillel's liberal view always won over the strict view of Shammai
(Tractate Eiruvin 6B). Strict adherence to any law can be destructive.
What the sages were trying to teach us is that it is dangerous when a
person or a religious movement no longer uses Torah in order to relate
to God and His children, but rather worships the law itself. This is
"Tor-idolatry." The letter of the law becomes the "god." One's
relationship with God is obscured as one's relationship with his fellow
man is flawed. King David said it best in Psalm 85:11-12, "Loving
kindness and truth meet together, righteousness and peace kiss each
other. Truth shall spring from the earth, and righteousness shall look
down from the heaven." Like the Kabbalistic tree of the Ten Sephirot, we
as a society must learn to balance justice with righteousness, and mercy
with strictness.
Any reading of the Torah will show there are numerous ways of incurring
the death penalty. Picking up sticks on Shabbat is a sure way to die. Our
rabbis write that the courts are obligated to look at every facet of a
case, and it there is one iota of a contradiction, to let the defendant
be declared innocent. A court which put a man to death once in every
seven years (and some sages say, seventy years) is a "bloody court." We
should not be looking for ways to accuse people, but for ways to help
people stay upright and honest.
Society's obligation for prevention of crime is made crystal-clear in
this week's parasha. If a dead man is found outside a city, the elders of
the village were commanded to bring a sacrifice to the site (Eglah
Arufah). They, not the priests in the Temple, had to kill this heifer.
The elders of the town had to say,"our hands did not spill this blood,
and our eyes did not see it"(Deut. 21:7). The Talmud very clearly states
that the elders were at fault because they did not see him and failed
to provide him with food , housing, and an escort. Tractate Sotah 38B
sums up needless deaths in a society succinctly, "The need for the Eglah
Arufah is only because of stinginess." Our politicians , as well as each
citizen, have an obligation to actively contribute to the well-being of
all in our society and not merely refrain from doing harm.
Even our rules of warfare had true justice in them. Newlywed soldiers,
or those with new homes or vineyards that they not yet had enjoyed were
allowed to go home. Soldiers who were faint of heart were excused from
battle so as not to scare other soldiers, as well as to be merciful.
Sincere overtures of peace to the enemy must made before any battle. To
show us that the ends do not justify the means in war, fruit trees were
not allowed to be harmed (Deut. 20:01-20). Thus in war we are to be
reminded that life, symbolized by a fruit-bearing tree, is not cheap.
"All is fair in love and war" is not a Jewish tradition.
Our Shabbat's Haftorah from Isaiah says "Awaken yourself! Awaken
yourself! "(Is. 51:17) and "Wake up! Wake up!...Shake the dust from
yourself!"(Is. 52:01-02). Isaiah begs us to herald in "peace...good...and
salvation"(Is. 52:07) and to "Turn away! Turn away!"(Is.52:11) from
injustice and "contamination." In a few months there will be an election
in our great country. Let us police and judge our hearts and minds. Let
us not be bribed by promises of increased personal financial portfolios.
Let us analyze our choices without prejudice. Let us pray that we can
reach a decision on whom to vote for and who will be picking the next
group of Supreme Court judges, using Torah ethics and teachings as our
guide.
Shabbat Shalom,
RABBI ARTHUR SEGAL
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