Parashat Shof’tim Deuteronomy 16:18–21:9

Dear Friends,

In the Book of Deuteronomy, Moses is giving his final instructions to the Children of Israel before he takes his leave of them. The humanness of this endeavor can be seen in the fact that Moses now tries to ensure that there will be justice, honest, real justice in the Land of Israel. People being people, it is clear that the Israelites, as they are to become, are not perfect. Nor will they become perfect when they enter into, and then dwell in the Land. Courts of Justice will still be needed.

One interesting aspect of this moment in the Torah is the way in which it seamlessly deals with an enormous transition (and evolution) in the lives of the Jewish People. For 40 years (a generation), they have been in the wilderness between their Egyptian slavery and conquest of the Land of Israel. They are about to leave their nomadic ways behind, and put down roots, deep into the Land. This is going to require a variety of changes in the structure of their society. Instead of a single, cohesive group, they will be dispersed across the Land. The Tent of Meeting, a centralized place of gathering and worship, will no longer be easily available to all of the people. It is destined to be replaced by the Temple in Jerusalem. The Jews will then have to make regular pilgrimages to their spiritual center to affirm and maintain their common bond with their brethren. This will remind them of their origins and their shared historical experiences.

In addition, the legal system must be revamped. Where there are cities, there are going to have to be accessible courts, with authority and neutrality. A warning against the taking of bribes is given, as well as being too aware of someone’s financial or social standing. The commentaries on this section also warn about the way in which a bribe can undermine the entire system. In the case of an offender who is clearly innocent, the judge is not allowed to accept a bribe to find the person innocent. We might wonder what harm there could be, since there would be no change in the verdict. However, to accept the bribe would forever cast a shadow over the verdict. How could those not connected with the case know if the decision was tainted or not?

In the same vein, the courts of justice are to be established in the city gates, public places where none of the business of the court could be concealed. Hiding the doings of the court could also cast doubt upon the justice that was being dispensed. There seems to have been an awareness that justice that was remote, would not be seen as justice, or at the very least might not be used. Therefore, any city big enough to be walled and have gates was required to establish courts of justice.

The command, “Justice Justice you shall pursue,” tells us that the process of attaining justice is not a passive one. It requires constant vigilance, care and effort. In the case of the Torah, the justice that is involved is not just human based, but it is Divinely required.

In our day and age, things have not changed all that much. Bribes and/or favoritism are enemies of justice. Judaism also teaches that the world cannot exist based solely on Justice. Nor can it exist only based on mercy. In the former case, all sentences would be too severe and in the latter case, too lenient. Only when these two seemingly opposite approaches are applied carefully and in balance with one another can the result truly be just.

In the month of Elul, as the High Holy Days come ever closer, we must work to be sure that in the earthly realm justice and mercy are properly applied. This is integral to Tikkun Olam, working to make the world a better place, if not perfect. As the week comes to an end with Shabbat, I pray that each one of us can look back at this week and take satisfaction in having performed one act in the pursuit of justice, in pursuit of creating a kinder, more caring world, allowing us to have a Shabbat of Shalom.  

Rabbi Marv
rabbischwab@bethelsp.org