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.

Am Yisrael, a Holy Nation to G-d, Primarily

 

                        “For you are a Nation of Priests, a People holy to the Lord Your G-d.”- Exodus 19:6

“Bamidbar” is the Parashah that opens the fourth book of the Torah. Moshe is embarking on the important task of preparing Am Yisrael, the newly molded People, to living as a safe, productive, and independent nation in its own land.

It is not an easy undertaking. To try and instruct a People that has only recently gained its freedom, after centuries of slavery, to live an autonomous life is a major challenge. Most of them are illiterate, submissive and rely on Moshe to guide, lead, and decide for them.

As we recall, thus far, Moshe has been setting the ethical and ground rules for preparing Am Yisrael to live its G-d given destiny as a “Holy nation.” We were given the Torah which rabbi Sacks ZT”L correctly and succinctly defines as “our constitution of liberty under the sovereignty of G-d.”

The Covenant entered between G-d and Am Yisrael was unanimously and unconditionally accepted at Mount Sinai. We, their descendants, are bound by it. Both the Book of Shemot (Exodus) and Vayikra (Leviticus) outline the duties of this meaningful and important vocational role. G-d, as we are reminded time and again, is the common denominator that connects them all.

As part of our calling, the Priests and the Levites have been assigned their tasks. The protocol for running their sacred, very important and not always easy work has been outlined. A “priest in the service of the Jewish People,” states Rabbi Berel Wein, “was someone who served the public and private needs of Jews. The Priest was a social worker,” continues, Wein, “the peace maker, the cement that binds a community together and gives it its necessary sense of unity and cohesion.” Above all, the Priests were the guardians of our national as well as our Spiritual well-being. 

However, to live in safety and for physical survival, it is also essential to build a strong army.

Towards that end, G‑d directs Moshe to conduct a census of Am Yisrael. Moshe needs the count of people who could be of military age, who could fight, ones who could defend the nation. 

There are 603,550 men of draftable age (20 to 60 years) who will be trained in warfare. The Levite circle, with its 22,331 or 3.7% of the total, are exempted from that duty.

The Levites had an alternative role, not just to be holy as some have interpreted it, but as mentioned by Rabbi Wein above, to also be the educators, counselors and, the ones responsible for teaching the masses of people how to shell the slaves' mindset and start thinking like free and responsible people. That, too, was being part of the strength and defense of the nation. They were simply soldiers of a different kind.

Fast forward to the 20^th century modern day state of Yisrael. Many members of the Hareidi segment of the Jewish population dedicates many hours of the day to studying Torah and, like the Levites and the Priests dedicate their lives to serving G-d. Like the Levites, they are exempt from enlisting to the army. This, naturally, causes some resentment among other Jewish sectors in the Yisraeli society.

Learning and studying Torah, as we all know, is highly important in our Jewish tradition. “And you should contemplate it [The Torah] day and night,” Moshe commands Yehoshoa (Yehoshua 1:8). It is important to note that Yehoshua was the Chief of Staff of Moshe’s army.

This decree by Moshe to Yehoshua, however, is not a reason to pass the responsibility of self-defense to others, or any responsibilities to others in favor of something just for oneself. It was not a deal that if one sits and studies, that one should be exempt from the responsibility of defending one’s family and people from aggression. 

On the other hand, there are those who want to deny the importance of Torah learning, those who want to tear Torah scholars away from what they dedicate themselves to be doing.  Neither are right. 

Our sages have understood this issue very well and debated it at length. They quote Devarim (Deuteronomy 11:14) which states, “You shall gather your grain, your new wine and your olive oil.” At the same time, they remind us of Moshe’s decree to Yehoshua regarding the importance of studying the Torah. Many have acted in accordance with Rabbi Yishmael and combined working for a living and learning Torah. (Berakhot 35b:4-10)

Consider an idea for today.  Hareidim, as the new Levites in the role Moshe Rabbeinu designed 3400 years ago for those who would serve the people, not as combatants but as educators and social workers, and maybe even helping with the harvests in season, out in the smaller communities from the Lebanon border to the tip of Eilat, to every area in Judea and Samaria. 

It is not really a new idea.  Religious girls have been doing it for some time as a substitute for regular military service. It would mean adding a program for Hareidi men between 18 and 21 in addition to those already voluntarily enlisting in percentages equal to some other sectors of the population. It would mean that everyone is required to comply with their responsibilities to the nation for 2-3 years of their lives, either in combat roles or in other ways.

And there should be a bonus.  For every individual serving, regardless of role, there should be post-service educational benefits and reduced mortgages to buy a home, in some proportion to years of service. Before someone asks about Miluim (reserve service), that could also be accomplished both in military readiness and service to small communities in other ways.

It is time that Medinat Yisrael employ ideas that bring all segments of the Jewish community together to improve the quality of life for all, just as Moshe Rabbeinu insisted that everyone participates -  in building the Tabernacle,  in defending the nation, and in serving the welfare of the people.


This article was written jointly by Roger Froikin and Bat-Zion Susskind-Sacks