Justice, Justice

Rabbi Reuven Mann

This week’s parsha, Shoftim (judges), focuses on the judicial system that the Jews were commanded to establish in Eretz Israel. Every society must have a court system to enforce its ordinances. A civilization based on justice for all its citizens requires two things. First, the legislation must be wise and righteous. However, developing a body of the most equitable and intelligent legal imperatives is not enough.

Equally important is that the statutes be implemented fairly and consistently. This is not as easy as it sounds. To achieve the proper level of enforcement, expert judges are required. These arbiters are the cog around which the entire system revolves. 

First and foremost, judges must have the deep wisdom and knowledge necessary to interpret the law and apply it to the situation at hand. This is perhaps the most challenging task for the shofeit  (judge). 

The Torah says, “Justice, justice shalt thou pursue.” It is tempting to ask, why did the Torah repeat the word “justice” in this injunction? It is known that every word in the Torah has a unique meaning.

In my opinion, Hashem knows that humans have a certain resistance to the ideal of absolute justice. Not everyone is capable of or inclined to make the prodigious intellectual efforts necessary to master all the intricacies of the halachic system of Jewish law. Pure genius is not enough! Every one of our great scholars, from Rashi to Rambam to the Vilna Gaon and Rabbi Soloveitchik, to name only a few, were people who spent virtually every waking moment immersed in Torah study.

Our history is illuminated by countless other great Torah scholars on the level of the chachamim (wise men) mentioned above. No other nation comes close to our historical record of producing great thinkers and sages, in fulfillment of Hashem’s promise to Avraham, “Your children will be like the stars of the heavens.”

Thus, the first requirement of being a worthy judge is to make oneself a true talmid chacham. This is the meaning of the first “justice” that we are commanded to pursue. However, the most profound knowledge of the entire system of halachah is not enough to achieve the goal. 

Every judge is a human being who has his own experiences, emotions, needs, desires, and moral sensibility. He is also a member of society and is subject to the “mood of the times” and the social pressure to rule in a certain way. 

The Torah warns, “Do not pervert justice, do not ‘recognize’ faces, and do not take bribes….” A bribe need not be a monetary payment. Even the approval of a distinguished personality and the fear of his opprobrium is enough to interfere with the absolute objectivity required of a judge. The ability to be aware of all his personal biases and to put aside any agenda he may have is the second “justice” that he must pursue. 

In my opinion, the Torah would frown upon the present system of choosing U.S. Supreme Court justices. They are political appointees whom the President designates, essentially because they support his social ideology. Their task is to interpret the Constitution in a manner that conforms to the predetermined policy outcome. This is not interpreting the Constitution, but manipulating it to conform to politicians’ agendas.

Rabbis must be cognizant of the adjuration to pursue justice. Today, there is great pressure to modify the Torah in accordance with the morality of the times: a morality that condones abortion, gay marriage, and other behaviors that the Torah regards as abominations. 

We must renew our conviction in the absolute truth of Torah and have the courage to defend its principles, regardless of their unpopularity in certain circles. Only thus can we find favor in the eyes of Hashem.

Shabbat shalom.