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.

 

 

 

Shofetim: authority cannot be taken it must be given, so stop the bullies and stand up for diversity in the Jewish world and beyond

“This parashah, more than any other in Deuteronomy, is concerned with what we would call authority: rightful action in a world full of wrongdoing; power that is right and not merely effective; rule by those who have a right to rule. A parade of authorities is delineated, starting with the word that opens the parashah and gives it its name—magistrates—and followed by officials, judges, priests, prophets, elders, kings, and, of course, the immediate and ultimate authors of the book who are the sources of its authority: Moses and God. We need authority desperately, the Torah teaches, because our very lives depend upon doing what is right—and that is difficult for us.” (Professor Arnold Eisen, chancellor, JTS. 2011)

I have been thinking about the whole idea of authority recently. Defined in dictionaries as being the ability to make decisions, to have power and control politically or administratively, to give orders and to enforce obedience, authority has a different meaning in Judaism – or at least it used to have.

Authority was always multifaceted – there were different groups who could wield only one part of the whole – the monarchy, the priesthood and the prophets all held authority, and in biblical times they kept each other in check.   The most dangerous of these was generally held to be the monarchy, God had not wanted the Jewish people to have a monarch at all, but acceded to the request in the book of Samuel after Samuel had warned the Israelites of how a king would exploit them if they insisted on having one but “Nevertheless the people refused to obey the voice of Samuel; and they said, ‘No, but we will have a king over us; that we also may be like all the nations; and that our king may judge us, and go out before us, and fight our battles’. (I Sam. 8:11-21).. and so began the unhappy monarchy of King Saul.

In Judges 9:7-21 we have the mashal of Jotam, a story that is sometimes told on Tu B’Shevat and reads a bit like a fairy story, but is in reality a biting allegory against monarchy:
Jotham, the youngest son of Gideon is the only one left alive after his older brother Abimelech has murdered all the other brothers and anointed himself as king. He escapes to Mount Gerizim, near Shechem and recounts the story of “the trees who went forth to anoint a king over them.”

The trees first ask the olive tree to be their king, but it refuses. “Should I give up my oil which honours God and people, in order to have power over trees?” The trees then ask the fig, and then the vine, both of which turn down the offer of sovereignty over the trees because they are already producing good fruits which honour God and people and each tree repeats the idea that they cannot do the good work they already do in producing fruits/oils/wines which benefit society at the same time as holding the monarchy.

Finally the trees ask the Atad – a bramble or thorn bush – to be their monarch  and this plant which produces nothing and has nothing to offer society except some shade, agrees to reign – and at the same time it issues a threat: ‘If you really want to anoint me sovereign over you, come and take refuge in my shade; but if not, then let fire come out of the Atad and consume the cedars of Lebanon!’ (Judges 9:15).

The Atad is a thorny tree, its shade is patchy, it has a wide ranging root system which drains the water and nourishment from the soil around it. It produces no fruits and has no benefits whatsoever to anyone else, though it is well adapted to survival in difficult terrain.

The allegory is clear in its context – the good people either do not want to be sovereign because they are already contributing greatly to society and this would suffer, or they see no point in acquiring a pointless status. The thorny unpleasant and selfish person/plant not only accepts the power with alacrity, but begins its reign with bullying and threats in order to keep the power.  Abimelech is the thorn in the context of the parable, but we see so many who take over power undeservedly or with bullying in our own world.

Leaving aside the current world political situation where leaders who are Atadim are grabbing power and manipulating and bullying others, I was thinking of our own Jewish world, where the mansplaining, the power grabbing over women’s bodies and voices, the conferences on women’s health or activities which are led by men, the advertising or even news stories where pictures of women have been edited out or the women completely disappeared – these are the Atadim grabbing power they should not have, and certainly there needs to be other power bases who can challenge and contain them, as in the biblical model of the three separate strands of authority.

Who will challenge them? There is “Flatbush Girl” who photoshops pictures from the frum community, there is the hashtag #frumwomenhavefaces ; there are Women of the Wall at the Kotel and there is attorney Batya Kahana-Dror—who petitioned the high court and is currently vying for the position of Rabbinical Courts director, and these all do good work. But where are the voices from the rest of the Jewish world? Where are the people challenging the Israeli Government demanding equality for all the citizens, male and female, Jewish and non-Jewish, as the declaration of Independence proclaims. Where are those people who can promote and defend a halachic system that is multifaceted and diverse?

The problem is with the word “authority” which has come to mean a singular, all powerful monopoly that cannot be challenged and that does not need to explain itself.

This is a modern phenomenon. Heck, even I am older than it, I can still remember the norm of rabbis being independent thinkers, of different regions having different and equally valid customs and practises, of vibrancy and creativity and innovation in the responsa literature. Now I meet people whose only approach is that that someone else told them the line they are taking and it cannot possibly be challenged.

Authority ultimately is seen as coming from God. We have in Talmud a series of blessings upon seeing leaders – In Berachot 58a we read :

The Rabbis taught: ‘On seeing sages of Israel one should say: “Blessed be the one who has imparted  wisdom to them that have awe of God.”

‘[On seeing] sages of other nations, one says: “Blessed be the one who has given wisdom to flesh and blood.”

‘On seeing kings of Israel, one says: “Blessed be the one who has imparted  glory to them that have awe of God.”

‘[On seeing] kings of other nations, one says: “Blessed be the one who has given glory to flesh and blood.”‘

It is clear from this that the wisdom and the glory that leaders have are divinely given, and in the context of Jewish leadership there is a relationship of awe and perspective between the human beings and God.   It is also clear that leadership exists in a number of different contexts and that different populations have different and valid leaderships. And it is abundantly clear that each leader must make of their leadership what they can, from their own skills, creativity and perceptions and that each is only a Jewish leader if they are not out for themselves but out to increase God in the world.

Sadly we seem increasingly in the orthodox world to have leaders who are more thorn bush than cedars, whose fruits are only about increasing their power and control over others and not about honouring God and people or about developing a thriving society where everyone can take part. Whether it be newspapers editing women’s faces (or whole selves) out of photographs, so that even Angela Merkel or Hillary Clinton have disappeared from recorded images, or adverts where apparently men only households eat the cereal or whatever is being advertised, or women being refused access to work positions, or women not being allowed to sing…… this is getting more and more ridiculous and the parable of Jotam increasingly relevant. We don’t need a centralised leadership in Judaism and up till now we have never had one. We don’t need the people who want to be powerful to take power over us – indeed we want them NOT to have access to the levers of power. And if we are stuck in a position like Yotam where it is happening anyway, then we must protest, we must raise our voices and say “not in my name” and most of all we must mistrust anyone who claims to have this authority and be clear that we are not about to cede it to them.

Authority ultimately must be consensus driven and agreed or it is bullying and oppression. And any threats from the Atad claiming their power or else there will be trouble must be faced and faced down.  We have history and authenticity on our side, let’s take our own authority too

#frumwomenhave faces #allwomenhavefaces #maleandfemalecreatedequal #halachahisdiverse