Shoftim 5775 - English

By Rabbi Daniel Kripper
Beth Israel Aruba

This section contains one of the most enduring teachings of the Hebrew civilization: the insistence on the fulfillment of justice.  

Justice, justice, you shall pursue!

Before his death, Moses gave the following instructions to his people:

“You shall appoint magistrates and officials for your tribes, in all the settlements that the Lord your God is giving you, and they shall govern the people with due justice.” (Deut. 16:18)

So that they would accomplish their duty, judges received a special command:

“You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.” (Deut. 16:19)

The fact that the word justice appears twice ( צדק צדק ) –tzedek tzedek- reinforces the importance of impartial justice for all, be it for their advantage or disadvantage, by word or by action, for a Jew or a gentile.  

It has been suggested that the emphasis on justice implies that no unjust means must be used to ensure the triumph of justice.  

Maimonides sums up the seven qualifications of an authentic judge: • wisdom, • humility, • fear of God, • disdain for money, • love of truth, • amiability, • and a good reputation (Yad, Sanedrín 2:7).

In other words, a judge was expected to have flawless ethics and an exemplary behavior.  

A rabbi once taught that “a judge that passes a true judgement brings the divine Presence (Shechinah) into the heart of Israel.”

It is interesting that in the following line, there is a warning about planting an Asherah pole, which was a tree used as a cult object.  Judges had to neutralize the propagation of pagan cults within the Jewish people.  

It is said in the Talmud that whoever appoints a corrupt judge is similar to someone planting an asherah in Israel.

Can a judge be compared to an asherah?

R. Chaim of Soloveitchik explains that a site of pagan cult is easily recognizable due to its external shape, but an asherah looks on the outside like a beautiful and healthy tree, while on the inside it is pure illusion.  In the same way, a dishonest judge may appear on the outside as a guardian of justice, gifted with eloquence and impeccable legal dialectics, while on the inside –like the asherah of old- he is a vulgar impostor.  In the words of Luis Cané, “one may feign having talent, but never honesty.”

In the daily prayer, we ask God for worthy judges as a sign of a new age, a time of redemption and blessings: “Restore our judges as in former times, and our counsellors as of yore.”  A Hassidic teacher explained that the allusion to former times referred to the beginning of his career, when the judge/counsellor was imbued with the noblest of intentions.  With the pass of time and routine, these become diluted and may be contaminated until they are dressed with partiality and favoritism.  Therefore, we ask for the restoration of the judges as in former times, meaning they should get back in touch with the idealism that led them from the beginning.  

The expectation of Justice, with a capital letter, is still current in a world visibly troubled by arbitrariness and borderless corruption.  

Rabbi Daniel Kripper

Beth Israel Aruba