September 2nd: Shoftim
THIS WEEK IN THE TORAH
Rabbi David E. Ostrich
Every once in a while, one of “our” judges makes the news. I will be reading the paper, and all of a sudden, there is a judge I know making the ruling on a big case. Sometimes it is Renee Cohn Jubelirer, President Judge of the Pennsylvania Commonwealth Court, who makes rulings and dispenses justice on the state level. Other times, it is Brian Marshall of the Centre County Court of Common Pleas, handling cases on the more local level. I say “our” in an expansive sense for they are both members of our congregational family and ours as citizens of the Commonwealth.
They are what the Torah portion this week describes in Deuteronomy 16.18-20: “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. 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. Justice, justice shall you pursue, that you may thrive and occupy the land that the Lord your God is giving you.”
Though an ancient instruction, these words remain crucial today. Our judges are appointed by us—either through elections or by elected officials, and they are enjoined to deal with the many matters that come before them “with due justice...without partiality.” “
Though we only occasionally read their names in the paper, our judges work every day—pursuing justice in cases both big and small. Though only some of their decisions are newsworthy, every single one of their cases is important. This is the message of the Holy Yehudi, Rabbi Yaakov Yitzchak Rabinowicz of Peshischa, who looked at our Torah portion and focused on the repetition of the word Tzedek / justice in verse 20. “Why does the Torah double the words in, ‘Justice, justice shall you pursue?’ To teach us that “we ought to follow justice with justice, and not with unrighteousness.” In other words, one case of justice is not enough. Justice must be done over and over and over again. This is the continuing mission of the court, to dispense justice for every person and in every case.
One of the issues that must certainly arise for judges is when the litigants in a case are not strangers. Though there are cases where a judge should recuse him/herself, the fact is that, in a small town—or in the upper reaches of state government—the people who appear before judges may very well be known to them. They could be social, political, or business contacts, or they could just be well-known enough to present a sense of positive or negative familiarity. This is a time when the discipline of the law is vitally important—when the judge focuses solely on the facts of the case and law and not on non-relevant factors. Justice demands no less.
A Biblical example of this challenge can be found in Leviticus 19.15: “You shall do no unrighteousness in judgment; you shall not respect the person of the poor, nor honor the person of the mighty; but in righteousness shall you judge your neighbor.” First, notice how the Torah understands that judges judge their neighbors. Though familiarity may be inevitable, fairness is still the goal. Second, notice how the Torah seems to give us a problematic instruction. “Do not respect the person of the poor?!” Are we not commanded to be helpful to the poor and widow and orphan and stranger? Is the Torah changing its tune?
No. The Torah is delineating two different spheres in which different standards apply. Help for the poor is paramount, but NOT in the courtroom. In the courtroom, justice is the priority. If a poor person is in the wrong, he/she should be judged as wrong. Just as it would be unfair to automatically favor a wealthy or mighty person, it would be unfair to automatically favor a poor person. In the courtroom, justice must prevail. After the court is adjourned, however, and the judge returns to a civilian status, that is when the mitzvot of Tzedakah come into play, and the judge—as are all other children of God—commanded to give charity. The judge must bifurcate her/his responsibilities—in the courtroom as a judge, and outside of the courtroom as a citizen.
The work of our judges is complex and challenging, and we should appreciate all who work in this important and holy endeavor. Elected or appointed, they are our judges, through whom we as a community follow the mitzvah: “Tzedek, Tzedek tirdof. Justice, justice shall you pursue.”