Shofetim: We all have a role to play in the ongoing deliverance of Justice

In his last days, Moses is deeply concerned with the future good governance of the people.  Today’s sidra begins with his instructing the people: “shoftim v’shotrim titein lecha b’chol sh’areicha asher Adonai eloheicha notein lecha lishvatecha, v’shaftu et ha’am, mishpat tzedek”

Judges and officers you will give for yourselves in all your gates, which the Eternal your God gives you, lishvatecha (either in every town and settlement or else each tribe would have its own access to the judiciary); and they shall judge the people with righteous judgment.

Justice is clearly to be for everyone, in every place, the same. The legal system must not be open to undue influence, it must strain to judge each person with “mishpat tzedek”, righteous justice, and indeed Moses goes on to require “tzedek tzekek tirdof” – that the people must actively pursue this righteous behaviour, not be passive consumers of the justice or expect someone else to make it happen.

Moses goes on to detail what will become the different strands of leadership within the Jewish world of the time – first the monarchy, then the priesthood, then the prophets.  And there is much to be said about the way power is organised in this model: there will be a monarchy only if the people want this, and the instructions about this role are curiously more about what the king could NOT have and do, rather than what the king must do for the people: So there is to be no foreign power or return to Egypt, no building up of horses or wives or personal wealth, and the  honourable positive exception is that the king must write for himself a “mishneh haTorah hazot al sefer mi’lifnei ha’cohanim ha’levi’im” And it shall be, when he sits upon the throne of his kingdom, that he shall write for himself a copy of this law [Torah] in a book, out of that which is before the priests the Levites” and the king must read this book regularly in order not to separate himself from the people and to ensure that the king (and also the people) continue to follow the Torah of God.

There is to be the hereditary priesthood from the tribe of Levi, who will own no land but “Adonai hu nachalato” God is their inheritance and so they will eat from the offerings brought to God and they will control the ritual and the religious life of the people.  The prophets will come later, each one is to be a mouthpiece for God and will speak what God commands them, and the people are warned how to detect a true prophet from a false one.

Powerful and separate roles – that of judge, of sovereign, of priesthood, and of prophet – each holds a different power and each has a different job to do. The separation of powers is critical in the good governance of the people and has already evolved in Moses’ lifetime. But there is one role that is not spelled out yet is critical for the others to function.

The sidra begins “shoftim v’shotrim” and while it reminds us first that the shoftim, the judges will judge each person with “Mishpat tzedek – righteous Justice”, it seems to take for granted the role of the shotrim. Variously translated as “officers”, “bailiffs” these are the people who ensure that the judgments are carried out, that justice is done.

Rashi explains that the Shoftim are the judges who consider the cases and who render decisions. The Shotrim are the executive officers who translate the law into reality. In our world the Shoftim are both the legislature and the judiciary who must be independent and who must have the public good of a just society at the forefront of all they do, while the Shotrim would be the carriers out, the branch who must execute and implement, and if necessary enforce the laws decided by the shoftim.

Bring that forward into today’s world and we can understand just how critical a role the shotrim play.  There is, of course, some overlap and some dual-role activity. Our Parliamentarians are both the legislature in that they write and decide the laws, but they also have a responsibility to their constituency to ensure that justice will be pursued. Our Judges both interpret the law as it is written and create it case by case “on the ground”, and they must ensure that not just the law as it is codified shall be enacted, but that justice should be done – even if that means straining the legal language on occasion. Law as an ideal construct will of necessity not always speak to the situations of real human beings, and in such cases the shotrim must ensure that justice will be actively pursued.

Bible reminds us that for good governance there must be several different and separated roles so that power can be spread among them and not concentrated in too few hands. But this sidra is particularly interested in justice as part of that governance, and provides not only for the law-makers the shoftim, but for the justice enablers, the shotrim. Sometimes there may be a dissonance between the two, sometimes they will work well. Rashi suggests that the shotrim were there to ensure that the words of the shoftim are carried out, even going so far as to suggest chastising those who were not doing so.  But in the context of the separation of powers in this sidra, as well as the overarching theme of justice, I wonder if this can be right, whether their role is not to chastise the people but to ensure that justice matches the law.

As we sit in late preBrexit Britain, watching our legislature hide behind legal loopholes such as that the result of the advisory referendum cannot be challenged precisely because it was advisory, or that the findings of fraud and cheating are not reasons to legally annul the resultant vote;  when we see Jeremy Corbyn and the current leadership of the Labour Party tie itself into knots about the antiSemitism in the party, finding all kinds of jargon and spurious disciplinary or investigative processes to distance themselves from responsibility for their own behaviour; When we watch Boris Johnson cynically using dog whistle racism to shore up his own position in a party that is so afraid of the far right fringe that it has lost any sense of its own purpose; Then more than ever we cry out for the shotrim, the people who are not the leadership but whose purpose is to ensure that the leadership promotes justice rather than legalistic nuances.

Who are the shotrim? Well they are not defined in the text. They must clearly be people who have the ability to act as officers of governance. They must clearly be people for whom justice is the overriding value. They are, I think, people like you and me, who step up and speak up for justice.  For me the shotrim are embodied in people such as Carole Cadwalladr, who campaigns for transparency in the murky political world of Brexit, or the pro-bono lawyers who are challenging government at every turn. They are the leaders of civic society working for and demanding a safe haven for refugees, the boats of MSF literally fishing bodies out of the water of the Mediterranean.

But we don’t all have to be quite so all-consumed or so dedicated to do our bit towards being shotrim. We simply have to keep our focus on ensuring that justice is delivered equally for everyone, remind out government of this requirement, volunteer or write letters, become activists for a cause. It is our role to be human beings who care for the rights of other human beings. Put like that, it shouldn’t be too onerous a task. And it is a task we must accept for justice to thrive.

 

 

 

Korach: reading the Bad Boys of the Exodus can help with the Bad Boys of Brexit

Reading Bible reminds us again and again that people are the same, whatever age they live in, and that politics is also essentially unchanged over the centuries. Some people have principles, others appear to have only causes, and one repeatedly seen cause is sadly that of increasing their own power and status.

Yes, they will dress it up – in a tub-thumping speech to the leader they may say “you are taking too much on yourself, all the people are holy” or they may use the language of the demagogue explicitly reminding others that only they are following “the will of the people” and everyone else is betraying them. Often the speaker is privileged and wealthy, yet somehow acts as if they are one of the less advantaged, and speak against some notionally distant and uncaring governing elite.

So Korach, cousin of Aaron and Moses, was a member of the tribe of Levi, singled out for special status. The midrash tells us that he was very wealthy (indeed the phrase “as rich as Korach” in Hebrew equates with the modern slang “filthy rich” and Bemidbar Rabba 18:15 tells us that Korach was the comptroller in Pharaoh’s palace and was in charge of the keys of his treasuries, and later on is clear that he was not the most disinterested or honest supervisor, but took many of the riches for himself (Bemidbar Rabba 22:7)   And yet his language implies that he is simply the spokesperson for the downtrodden and ignored, as he whips up a populist movement to his own agenda.

There can be no doubt that Korach is one of the “Bad Boys of the Exodus”. And of course he gets his comeuppance, as the duel of the firepans of incense leads the rebels to their unnatural deaths while Aaron and his family are confirmed in the priesthood and the copper from the firepans is to be used to plate the altar to remind everyone that the priesthood is of the family of Aaron (See Numbers 17)

God, having taken out the leadership of the rebellion, is keen to finish the job, sending a plague upon the whole community, and Aaron and Moses have to rush to help save them from the consequences of this rebellion.

Sometimes bible has a way of speaking to the current moment in an eerie and extraordinary way. Here in the UK we have our demagogues, almost to a man wealthy and privileged and with a deep urge to seize power. The leadership of the Brexit project – the “Bad Boys of Brexit” are generally personally wealthy, have a background of privilege in terms of education and family connections, and have manipulated people who have been ignored or suppressed into somehow believing that they are just like them. The newspapers they write for or control drip poisonous xenophobic tropes, see the European Union as other, indeed as enemy. They deliberately whip up the ideas of treason, seeing enemies and betrayal everywhere. For years stories about “the other” have published which show the poor patriotic English person being cheated, lied to, ignored in favour of foreigners.  Forget the ideology of working for European peace, if you read these papers you would believe that laws are imposed on us by foreigners who don’t consult, don’t expect us to have a voice, don’t care about us, only about our money which they want from us. These years have done their work, the mob are roused, with threats of violence against anyone with a different narrative, from Members of Parliament down. And real violence against anyone perceived as “other”. For me the nadir was the headline “enemies of the people” in the Daily Mail (4.11.17), with photos of three High Court Judges who “defied {the} Brexit voters” and who could trigger a constitutional crisis. What had the Judges done? They had ruled that Parliament must be consulted before the Government could trigger Article 50 of the Lisbon Treaty, which would start the UK’s formal process of EU withdrawal.

In the story of Korach, the rebels are spectacularly –and unnaturally – dealt with, going down into the bowels of the earth which then closed over them. But the continued effect of their poison and lies meant that God was prepared to continue cleansing the people – by plague. It took the desperate interventions of Moses and Aaron to change that terrible outcome, and to get the people once more back on track to achieve their goal, of entry into the Promised Land.  We learn from this that the power of the rabble rouser and demogague continues long after they have stopped. It takes courage and thoughtful intervention, facing the problem and the poison and combatting it with a different narrative, to slowly root out the worst of it.

But the human desire for grabbing power and for seeing others as foreign or other does not go away. It must be recognised and it must be contained, for it will never leave us. There will always be those who rise up in every generation to pervert justice and kindness for their own benefit and we need to be aware of this and on our guard, fighting and fighting for the values of understanding our shared humanity, of having compassion for the other  rather than fear or hatred.  It is interesting to see that some psalms are written by the bnei Korach – the sons or descendants of Korach. Korach does not go away, but becomes part of the community – and we have to be aware that the tropes of Korach’s rebellion are still entwined within our groups.

How our current situation, of growing populist movements and politicians will end, we don’t yet know.  We see that the language of snide demagoguery continues, we see that wealth has been acquired through odd and secretive ways from outside the community (just as Korach had appropriated his wealth immorally from Egyptian stores). We see parties or individuals gaining power by whipping up xenophobia and hatred while implying that they are on the side of the poor and dispossessed.  No God is going to come and cause the earth to open – we are on our own with this one. But we should take heart from the biblical text. Ultimately Korach loses, the people are back on track and the violence and plague abates. It takes work and pain and fear and tears. But ultimately Korach will lose again.