Shoftim 5770

Parshah Shoftim
Deuteronomy 16:18-21:9 Isaiah 51:12-52:12

Rav choose from the many commandments in Re eh the verses of chapter 15 which concern charity.I mentioned that I had read a discussion on verse 8 around the word 'sufficient'. Rav cited that even in the promised land there would still be poor. This related to her previous sermon. We are commanded not to give and not let our imaged reasons for not doing so prevent this. Charity is simply justice.

Charity is a good place to start a discussion of Shoftim for Shoftim (judges) is about justice. It begins with the words: “Justice, justice you shall pursue.” (Tzedek Tzedek Tirdof) (16:8) The parsha lays out a constitution of corollaries and relates them to the individual by reference to the responsibilities Judges, Priests, and Kings.

Kings are to rule with the Torah by their side at all times and not to aggrandize themselves.

Priests are to ensure the righteousness of Kings and Judges. For example, the King leads the nation to war but a Kohen is anointed for war (mashuach milchamah). I am uncertain here but this may mean war is a kind of sacrifice.

Judges are to go to great lengths to ensure there are no miscarriages of justice. This includes having multiple witnesses to accuse others of violating the commandments. There must be compassion and serious inquiry into alleged crimes.

The duties of the judges apply to all of us. They include observing all the commandments positive and negative. Two others cited in the parsha are: U'Viarta HaRa mi'Kirbekha to purge the evil from your midst and Hasagat Gevul to not encroach on a neighbor's land.

The greatest penalty, death requires the witnesses themselves execute the accused. (My reading indicates Rabbinical law has since limited or prevented the death penalty in almost all cases citing among others "Whoever destroys a soul, it is considered as if he destroyed an entire world (Mishnah Sanhedrin 4:5)).

Interestingly in the same parsha we have the amazingly beautiful (Deut. 20: 19-20): Bal Tashhit, "thou shalt not destroy." A passage which mentions not destroying fruit trees in a siege but which is one of the foundations of ethics when applied to all things.

Therefore 'justice' means that even the death penalty could be necessary it must not be itself wanton destruction. Conversely that 'war' (death wielding) is justified if the 'trees' it takes are not themselves nourishing. That is in opposition to wanton destruction we can destroy for it is not wanton if it increases justice and nourishment. (Still a tough call in a world of uncertainty)

The parsha also has (ends with) the Eglah Arufah. In which we are commanded to honor an unknown body. "According to the Midrash, kindness to a dead person (chesed shel emet) is the truest kindness, for it cannot ever be repaid (B'reishit Rabbah 96.5)." [Beth Kissileff]

To return to verse (16:8) I found that the repetition of the word justice was a subject of study. "The first refers to a decision based on strict law; the second, to a compromise." [Talmud Sanhedrin 32b] This goes back to Rav's highlighting the importance of 'going beyond the letter' of the law. Again I think of PA (1:2).

Moreover, a distinction is made that justice must come from or rather be 'wholehearted.' My study indicated: "In Genesis 6:9 and 17:1, the Hebrew word tamim is used to refer to Noah and Abraham, respectively, and is translated as blameless. In Deuteronomy 18:13, the same word, tamim, is translated as wholehearted" {Rabbi Jim Simon}

“Whole-hearted” can be said to apply to the verses regarding rules of battle in which people are asked not to fight if they aren't ready to die. In relation to 'blameless' however, the idea means that justice is the whole without blame. This is a very disturbing concept for so often the 'causes' which one fights are not altruistic. The greatest 'evil' is like the greatest good; except it is idolatry.

To use others words once more justice is observance of mitzvot bein adam la-Makom (commandments between a person and God) [Rabbi Bradley Shavit Artson] and is expressed in financial law dealing with property (mammon), but {also} religious or ritual law (issur) [Rabbi Norman Lamm]

To fail in this is to do as the bad king would and return to the injustice of Egypt. 'You must not go back that way again' " (Deuteronomy 17:16).

This ties to the principle of teshuvah, repentance, or literally, returning. [Rabbi Matthew Berkowitz}

Torah. Torah. Torah!!!