“Other cultures discovered order, Yisrael discovered Justice,” - Rabbi Lord Jonathan Sacks
Parashat Shoftim, this week’s Torah portion (Deuteronomy 16:18-21:9) centers on structures of justice, leadership and authority in the Yisraelite society. While other portions are more narrative based or ritual centered, Shoftim lays out the framework for a just society and its insitutions.
There are four roles of leadership that are discussed in the Parashah. They are clearly defined and are aimed at ensuring the separation and preventing abuse of powers, in ancient Yisrael.
The first is the appointment of Judges and the establishment of the court system. The second is the king who exercises a limited monarchy with restrictions. The priests and the Levites are the third. They are entrusted with spiritual and moral authority. The fourth role is the one held by the prophets who act as moral and divine authority, true vs. false prophets.
Don Yitzchak Abrabanel emphasizes that the Torah deliberately distributes authority among these four roles. Such distribution, he asserts, where each power checks the other ensures that no one branch becomes harsh or tyrannical thus creating a system that balances justice with compassion and morality. This essay focuses on the role of judges and the delivery of justice.
The Torah describes two main sources for Moshe’s education and knowledge of the court system. The first, Yitro, his father- in- law who introduced and taught him about the practice and its structure. The second, G-d who sanctioned it and commanded its authority and permanence.
In Exodus 18:13–26), Yitro advises Moshe to “Provide from among the people men of valour, G-d-fearing, men of truth, who hate unjust gain, and appoint them as officials over thousands, hundreds, fifties, and tens.” Yitro’s guidance also introduces Moshe to the framework of a hierarchical judicial system of decentralized courts, with lower courts handling easier cases and only the most difficult cases reaching Moshe. G-d’s Divine sanction and expansion in the form of a formal mitzvah calls to appoint (by recognized authorities, which the Sifrei, a midrashic halachic commentary, defines as the leaders of the tribe, and not elected by popular vote) judges in every city with justice bound by Torah law (Deuteronomy 16:18).
The criteria for appointing judges require that they be men of valour (Deuteronomy 16:18-20), possess “wisdom,” “understanding” and be “respected”(Deuteronomy 1:13). Ramba”n explains that these traits mean having deep Torah knowledge, the ability to apply principles to new situations and maintaining a strong reputation among the people. Judges should display fear of G-d , honesty, impartiality and rejection of bribes (Exodus, 18:21), (Leviticus, 19:15).
This shows that the Torah envisions a justice system based not on popularity, favouritism, but on equality as well as moral and spiritual integrity.
The justice system established by Moshe was revolutionary for its time, compared to other main Ancient Near Eastern legal practices and structures such as the Code of Hammurabi, Hittite laws and others.
Firstly, the Torah decrees that justice comes directly from G-d “For judgment is G-d’s” (Deuteronomy 1:17). This makes law sacred above human rulers. Even the kings must obey G-d’s law. Judges are commanded to act as representatives of G-d’s will. In other ancient near eastern societies, laws were issued by kings who claimed divine authority but were, themselves, above the law. Hammurabi, for instance, claimed that the gods chose him to “establish justice,” yet not judged by the law himself.
Secondly, unlike other ancient Mesopotamian cultures where laws were often applied differently based on class and status which primarily protected the power of kings, the elites and the hegemony, the Torah commands the system to protect the vulnerable, restrain rulers, and elevate justice into a universal principle of “one law for all” (Exodus 12:49, Leviticus 24:22). This means that even the powerless, the orphan, the widow and the ger (stranger/foreigner), society’s weakest, are protected (Deuteronomy 24:17-18).
Whereas in ancient Near-Eastern societies harsh punishments were common, reflecting power and deference rather than mercy, in the Torah, while strict, justice is tempered by compassion (Exodus 22:21-23) and limits on punishment (“eye for an eye” interpreted as monetary compensation).
Finally, in other systems, courts were ad hoc and king-centered. Moshe established a network of judges in every city (Deuteronomy 16:18) and cities of refuge to prevent blood vengeance.
In his commentary on the parashah, Rabbi Lord Sacks states, “Judaism…sees society as the arena in which specific ideals are realized: justice, compassion, the rule of law combined with respect for the sanctity of life and the dignity of the individual. The Torah is a unique attempt to create a nation governed not by the pursuit of power or the accumulation of wealth but by recognition of the worth of each person as the image of G-d.
Moshe’s justice system certainly reflects these principles. It is not about maintaining order- it is about creating a society that manifests G-d’s justice and human dignity.
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