B”SD
Shoftim Deuteronomy ch16 v 18 to 21 v9
V16
Judges and officers you shall appoint for yourself in all your cities
that Hashem, your G-d, is giving you for your tribes; who will judge the people
with righteous justice.
We see from the above verse that in order to follow a
proper path in life, where many grey areas and temptations threaten, Hashem
prescribes the need for learned men of good character and integrity to carry
out Justice. This is imperative for a
stable and just society. The extra words for yourself indicate that this
requirement extends to each and every individual, we need to ensure that our
service is not subjective, we need to build in our own safeguards and checks and balances, be it through speaking to our Rabbis or consulting others. We see the need for the justice itself, to be just, to only follow the correct
procedures when ruling from the words righteous justice. Even the judges themselves are
subject to strict protocols and requirements.
Later in the Parasha the Passuk about appointing the correct people, is followed
by the prohibition of planting a tree to be worshipped, our Rabbis have taught
that this connection teaches us that if we appoint the incorrect people who are
not outstanding in character it is commensurate with Idol worship. Why because it is taught when judges judge in
holiness and purity G-d’s presence resides upon them ensuring justice prevails,
if not - G-d’s way will not be followed which is tantamount to Idol worship. When those charged with justice are
contaminated and corrupt this is a precursor to the eventual fall of that society.
Ch 17 V 8 and 9 If a matter of Law is too difficult to
resolve for you…matters in dispute in your city; you shall rise and ascend to
the place that Hashem your G-d will have chosen to bring the matter before the
Priests and judges during those days
they will inquire and tell you the legal decision.
We see from the above that we need to go to the judges to
resolve matters of dispute and the passuk highlights this is relevant for all times
by the words not these days but those days i.e. even in our days, we cannot say our
judges are no longer worthy to resolve disputes we need to go to the best court
of the day in our own lifetime. In
Israel there were courts in each city consisting of a minimum of least three
judges (always odd numbers to avoid a split decision without a majority.) If they could not resolve the matter within
the city a higher court with 23 superior judges, finally the matter could be
taken to the highest court at the site of the Beis Hamkidash where the Sanhedrin
sat with 70 judges.
Ch 17 V 11 In accord with the Torah that they instruct
you and upon the law that they state to you, are you to act; do not deviate
from the word they tell you neither right or left.
Rashi teaches us if their judgement is Left and you
believe you know the answer is right i.e. the matter is so clear to you as clear as you
know your right hand from your left hand you still need to listen to what you “know
to be the wrong call”, if a judge disagrees with the highest court and continues
to rule in accordance with his own view, he is
guilty of a crime worthy of the death sentence refer to Ch17 V12. We see from
here the importance of unity amongst our nation and need for following the
highest court, and having faith in them that Hashem has aided them in their
ruling, as long as they have acted as prescribed by Hashem. Rabbi Aurbach
stated on Shabbos morning this to prevents an appearance to others of the Jews having two different
Torah’s (G-d forbid!).
Ch 20 V 1 When you go to War against your enemy and you see a horse and chariot, people
who outnumber you; do not be afraid of them for Hashem your G-d is with you.
Rabbi Tanchuma points out if we have Hashem on our side
numbers against us or odds are not important, hence the verse says see a horse
and chariot, not in the expected plural i.e. when you see many horses and chariots, people who outnumber
you. Rabbi Tanchuma teaches the singular is hinting to the fact it does not matter how
many we actually see, to Hashem, it is like one horse or chariot i.e. easily overcome, only do
not be afraid of them, for G-d is with you.”
Ch 20 V4 “Because Hashem your G-d, marches with you to do battle with
your enemies to save you."
Psalm 27 “Even if there would encamp against me an army,
my heart would not fear, even if there would arise against me a war in this I
trust. One thing I asked of Hashem that I seek to dwell In the house of Hashem
all the days of my life”
We are instructed to offer peace prior to doing battles,
with the exception of the Canaanite nations, where the instruction was these
nations followed destructive evil ways, and thus needed to be completely
destroyed.
Ch 20 v19 (in battle against an enemy) do not harm its fruit trees because you eat
from it – from this verse we learn the quality of gratitude and also not to
destroy or waste anything that sustains or benefits us.
We move on to the final chapter of Shoftim, where we
learn of a dead body found outside a city and we do not know how the person was
killed, there is a requirement to measure the nearest city and the righteous
elders of that city need to perform a strange ritual, then say loudly Ch 21 V6 “And all the elders of that city, those near the corpse, will wash their hands over the calf beheaded in the vlalley." and loudly declare v7 "Our
hands have not spilled this blood and our eyes did not see.”
Rabbi Tabback speaking on Friday night evening said, the
Elders are decent righteous people so why do they need to perform this ritual
wash their hands clean and say the above words? He went on to say society is
responsible for each other, if a body is found and bandits are allowed to run
lawless we may very well be responsible as we need to look after our citizens,
and guests by providing escorts and safety, if wrong happens we need to first measure what went wrong, look inwards and investigate and see that we are not responsible in some direct or even in an indirect
way! Only after investigating thoroughly may we wash our hands of the matter. We cannot turn a blind eye to injustice, if we
do we have blood guilt on our hands, again sound Justice and enforcement are
the cornerstone of any healthy society! All nations are commanded to set up
just courts to enforce rule of law, so rights are protected and disputes are
settled peacefully.
….the last sentence ch 21 v 9 Still you must eradicate the innocent blood from within you, when you do what is upright in Hashem’s eyes.
….the last sentence ch 21 v 9 Still you must eradicate the innocent blood from within you, when you do what is upright in Hashem’s eyes.
Not coincidentally this Parasha of the rule of law falls
and is reviewed prior to Rosh Hashanah the day of Judgement
Tehillim 45 v7 “The sceptre of your Kingdom is a sceptre
of Fairness”
Proverbs 29 v 4 “The King Sustains the land with Justice"
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