The Justice System
Having an established justice system is a bedrock of any civilized society. Without law and order, the world would be a very chaotic and dangerous place. Our Sages state, “pray for the welfare of the government, for were it not for the fear it inspires, every man would swallow his neighbor alive (Ethics of our Fathers 3:2)”.
In this week’s Torah portion, Shoftim, we learn about the Mitzvah of appointing judges and law enforcement officials. As stated, “You shall appoint judges and officials for your tribes, in all the settlements that the Lord your G-d is giving you, and they shall govern the people with due justice (Deuteronomy 16:18)”.
The Mitzvah of appointing judges applies both to the Jewish people and to all nations on earth. It is considered one of the seven Mitzvot given to all mankind in order to lead moral and good lives. However, there is a fundamental difference between the responsibilities of the Jewish court and that of the secular court system.
The secular court is responsible to resolve disputes, to maintain rule of law, to provide for equal protection, and to ensure due process of law. Judges are not empowered to legislate the law. Rather, their job is to ensure the appropriate application of the law of the particular country they are representing.
In contrast, the Jewish supreme court (Sanhedrin) in the Temple times were responsible to not only issue verdicts that pertain to Jewish law but also to teach the Jewish people the meaning of the Torah’s laws, enact Rabbinic Mitzvot, and form temporary regulations designed to preserve the biblical laws, measures consisting of safeguards and customs.
Many of the Mitzvot, Jewish traditions, and customs which we take for granted are not explicitly stated in the Written Torah (i.e. Tanach which consists of the Bible, Prophets, and Scriptures). Rather, they are alluded to within the precise format, spelling, and form of expression of the written text. Even with regards to Mitzvot and holidays which are clearly mentioned in the Torah, such as celebrating Rosh Hashanah, Passover and Shabbat, much more explanation, elaboration and context is necessary to properly understand their meaning, significance and application.
For this reason, in addition to the Written Torah, G-d also gave Moses and the Jewish people an Oral Torah, which includes many more details and commentary so that the Torah can be properly understood and applied. The Oral Torah was later transcribed over many generations in the form of the Mishnah, Talmud, Shulchan Aruch (Code of Jewish Law), Jewish mysticism, philosophy etc. along with tens of thousands of more books.
By way of analogy, only a licensed doctor or medical professional is entrusted with properly evaluating a patient, reading a medical record or x-ray and administering a treatment. For one mistake or deviation in the treatment can have catastrophic effects on a patient. Similarly, when constructing a home or a building, only reputable architects and expert contractors are trusted with erecting an edifice in accordance with the blueprint. One miscalculation can put the whole structure in danger of collapsing.
So too, the Torah requires meticulous analysis and study of the text by authoritative experts to come to the right conclusion. Even if one part of Torah is misinterpreted or changed, it can put the rest of Torah and Judaism in jeopardy as well.
In this week’s Parsha, the Torah instructs us to listen to the authority and teachings of the Sages. As it is written, “You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left (Deuteronomy 17:11)”.
This leaves us with the obvious question: why couldn’t G-d just clearly spell out His will? Why is there so much ambiguity in the text that leaves room for arguments, questions and deeper analysis?
The purpose of Judaism is that we, as mortal human beings, partner with G-d to make this world a home for Him through the study of Torah and performance of Mitzvos. This partnership requires us to be fully invested in the relationship with all of our intellectual and emotional faculties as well as our actions.
The Oral Torah, is the product of the collaboration of divine revelation and human intellect. On the one hand, the Oral Torah is revealed by the Jewish people through their study of Torah, in a process that enlists the intellect and understanding of the Torah scholar. On the other hand, the entire purpose of Torah learning is to reveal the word of G‑d. The resultant ruling is not a product of human logic, but of the divine will. For Torah, in essence, is divine wisdom; it is only that G‑d gave it to the Jewish people that we should reveal it through our study and understanding.
However, in order to ensure that we arrive at the objective divine truth and not change Torah to fit our own agenda and personal choices, a most important prerequisite for the study and acquisition of Torah is humility.
The foundational teachings of the Torah serve as a blueprint for the creation of the world and a guide for us on how to approach modernity and transform the world for the good.
Every Mitzvah that we perform has intrinsic value and allows us to connect with our G-dly soul irrespective of our general level of observance. As long as we have a clear moral compass and continue to add in our performance of Mitzvot, one step at a time, we can live a life of meaning and prosper both materially and spiritually.
As Maimonides states, “A person should always look at himself as equally balanced between merit and sin and the world as equally balanced between merit and sin... If he performs one mitzvah, he tips his balance and that of the entire world to the side of merit and brings deliverance and salvation to himself and others”. All it takes is one Mitzvah to tip the scale and bring redemption to the world.
