Sunday, August 31, 2008

Shoftim: Holy Justice

The sidra opens with the command to establish judges. They are clearly told not to add or subtract from any of the given laws, not to show favoritism and to be unyielding the the quest for the truth.

Two ideas jump out of this declaration that demand attention. The first is that this mitzva is not directed at any particular person. It could have been aimed at the kohanim, leviim or a tribe. The law might have been directed at the wisest of the age. Instead, the mitzva is encumbent upon every Jew. Our mitzva is to use justice in every dealing.

King, farmer, jeweller, well-digger all must the same rule of not allowing for favoritism. The laws of the court are the laws of the individual.

Rabbi Isaiah Hurwitz examined the Torah text and saw the words aimed at the newly appointed judges, in your gates. He interpreted in all your gates as the pathways to the soul. When we are listening to another we are supposed to fully utilize all our senses, ears, mouth, smell, touch to ferret out the truth. These sensory areas are the gates which the Torah speak of. Only when we take full advantage of all our God-given attributes do we allow the information to enter our heart.

We are judges. Each time we meet and speak with individuals we are sated with great power; power enough to destroy a person. That is why it is as critical for us as for the traditional court of law to constantly seek truth.

In fact, later in the sidra, the Torah reading notices potential problems with trying hard cases. When that happens, it says, bring those difficult cases directly to the Levites. Why the Levites? Because according to the Rambam, the Levites unlike the other tribes, had no physical stake in the Promised Land. That would give them clearer vision in adjudicating cases as they would not be biased. See 17:8


The second idea is that the Text says "You shall come to the judge .... in those days. What does this mean "in those days?" Not every day? Not in each age? Rashi illumines this odd statement by saying that the mitzva of judgement applies specifically to every age, in your age. We may look backward and declare that since there is no one like Moses, or Rambam, or Akiva or Reb Yohanan that we cannot rely on our own scholars of our day. Such a statement would relegate our faith to a fossilized system.

While we never abandon the ways fo the past we are ever-vigilant to the wise scholars of our time. Their critical task is to be attentive to the needs of the present and to interpret the Law to our time.

Haftara Insight:

Isaiah speaks. Awaken. Get up. Look around. The word God focuses on the heart of the Jew that has been rent. When all seems lost, get up. If you open your eyes and witness the magnifient life that abounds on every side you will come out of the depths of despair that holds you in its grip. All is not lost. A new beginning awaits.

A Matter of Law:

We must always carry justice in our private lives to the extent that we must even reprove a friend if they have done something wrong. We do not judge them but point out where they have erred. To remain silent is to dismiss the ideal of justice. One Sage rules that if we say nothing we are like a judge that has accepted a bribe. What is the bribe? The threat of breaking a friendship.





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