Parashat Shoftim - The Pursuit of Justice

 

“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.

The Blast of the Trumpets

 

“When you go into battle in your own land against an aggressor who is attacking you, sound the blast of the trumpets” - Bamidbar (Numbers) 10:9

 

Last week’s Parashah, “Be’haalotcha,” dwells on preparing Am Yisrael for their journey through the desert on their way to Eretz Yisrael. It also focuses on topics surrounding the Mishkan (Tabernacle), the rituals affiliated with it, preparing the Levites for their tasks in it and the rites linked to the golden Menorah.

As part of it, Moshe is directed by G-d to create two silver trumpets which are intended for his use only. “Make yourself two trumpets of solid silver” Bamidbar (Numbers) 10:2. The aim of this essay is to address this decree and some of its functions.

This commandment has engaged our Jewish scholars over the ages. One of the questions raised by the Rabbis in Midrash Bamidbar Raba,16, is, what is the purpose of the superfluous “yourself?” The answer that Midrash provides is that these, unlike horns, which were commonly used for the same purposes, trumpets were used to welcome kings. The silver trumpets were a symbol of authority. Moshe, as implied here, is to be treated as “a king” since he is unique in the sense that he is the direct messenger of G-d and the unique prophet. These trumpets were archived during Moshe’s lifetime.

Later, as Scriptures tell us, during the times of Beit Hamikdash, trumpets were used, however, only the Priests were in charge blowing them.

Rabbi Bradley Shavit Artson suggests that a “beautiful trumpet, even in the midst of producing music, does not draw attention to itself. It is the music it produces, not the horn, which people focus on.” Rabbi Artson further quotes the sages who assert that by sounding the trumpets, we focus attention on G-d in whose service we delight. Our music, according to them, is the sacred deeds we perform while still living.

Another question that preoccupied the Rabbis was the specific directive regarding the use of silver, as opposed to gold or brass, two other metals used in the construction of the Mishkan and its vessels.

 Midrash (Bresheet Raba, 12, 5^th century C.E.) tackles the issue. It suggests that when G-d created the world, He debated with Himself, “If I create the world with the Measure of Mercy alone,” He contended, “its sins will be many and, thus, may not withstand the Measure of Justice which, hopefully, it will.” He, therefore, resolved to create the world with both Measures – Justice and Mercy. Moshe is instructed to make the trumpets from a single block of silver. According to Kabbalah, silver is a metal that symbolizes Mercy, the quality of giving and of loving kindness. Ultimately, it will be the Measure of Mercy that will overcome the Measure of Justice.

The Hebrew word for trumpets is hatzotzrot חצוצרות) . In his commentary on “Be’haalotcha,” the Mezeritcher Maggid (1710-1772), explains that the word can also be interpreted as ‘half forms’(חצאי צורות) . According to him, this interpretation teaches us that Man and G-d are only two half-forms. Man without G-d, his Creator, is only half a form. G-d, he claims, is also lacking when He does not have the connection with the People of Yisrael. Neither, by themselves, is whole. Jointly, though, they are a complete unit (Ohr Ha’Torah 134).

The hatzotzrot, as G-d’s commands Moshe, should be used on several occasions. One is for the purpose of declaring war, “When You go to battle…against an enemy who is oppressing you sound a blast of the trumpets. Then,” resumes G-d, “you will be remembered by the Lord your G-d and rescued from your enemies” Bamidbar 10:9. The blast of the trumpets is aimed to signify that G-d would remember His Covenant with Am Yisrael and grant them victory.

Another occasion, on which the hatzotzrot are to be used, is on special events, festivities and solemn assemblies, “at your times of rejoicing…..” Bamidbar 10:10. At that time, the use of the trumpets is intended to create an atmosphere of sacred joy, divine remembrance and expressing gratitude.

The Lubavitcher Rebbe, ZT”L (1902-1994), derives an important lesson for life, from these verses. He asserts that we should blow the trumpets to plead with the Creator with a broken heart so that He has pity on us and brings us to a victorious war. However, when our joyous day arrives, following the achievements on the battlefield, Am Yisrael may, G-d forbid, forget to be thankful to our Creator and, therefore, requires of us to blow the hatzotzrot, again, to remind us by whose virtue our victory was achieved. (Likutei Sichot, part 13, p.28).

Last Friday, in the early hours of the morning, Yisrael blasted the trumpets and launched a pre-emptive strike against the Iranian regime and its nuclear enrichment project. Am Yisrael and its supporters the world over, have since been praying to G-d pleading with Him for a swift triumph against their enemies. It is not an easy time for the People of the Covenant. May we, soon, reach the day when we blast the hatzotzrot, declare, B’ezrat Hashem, our sweeping victory over our enemies, the release of our hostages and the safe return of our soldiers from the combat zone.

Am Yisrael Chai