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 : justice is human as well as divine.

There is so much in this sidra but the overwhelming impulse is to pursue justice – Tzedek. And one phrase stands out for me – “you shall come to the priests and to the Judge that shall be at that time and you shall enquire; and they shall declare to you the sentence of judgement….According to the law which they will teach you, and according to the judgement which they will tell you, you shall do and you shall not turn aside from the sentence which they tell you, to the right or to the left.” (Deut. 17:9-11)

This verse becomes the mandate for Rabbinic Judaism – and one might even say for the evolving and progressing Judaism of which our synagogue is a part. The law is decided not for all time, but by the judge who lives at that time; Torah it is not to be fossilised or protected from modernity or the zeitgeist – it is part of the same process that people are, learning as we add to knowledge, changing as we find new ways to express ourselves. Indeed, so powerful is this text that Rashi (11th Century) builds on the phrase about not deviating from the decision making of the contemporaneous judge either to the right or the left, to bolster the power of the rabbis by saying “even if they declare the left is right and right is left, you follow their judgment”, basing himself on a much earlier midrash [Sifre (2nd Century)].

The requirement to pursue Justice – “Tzedek Tzedek tirdof” – and the importance of Torah being mediated through modern understandings of the world, is an extraordinarily powerful combination. Our understanding of what Justice means has grown and changed as we see how the world is connected and as we appreciate the shared humanity of all peoples and realise that our responsibilities continue outside our own immediate circle and networks, to all human beings.  We have both the principles of k’vod haBrit – Respect for different Jewish points of views and for different levels of Jewish knowledge and activity, and k’vod haBriyot – Respect for all that is created. Both in the Particular world of Jews and in the Universal world of creation, the idea of honouring God through the action of Tzedek – right behaviour – is part of Jewish teaching.

How do we honour both brit and briyot? Both the Jewish world and the larger world in which we live? We do so with the pursuit of justice, and we understand that justice must be brought about and administered in both the worlds in which we live. We can no longer view the world through the eyes of cloistered community; we have a modern understanding and appreciation of how completely we are part of the wider community. How we behave as Jews, be it individually, as a community, or indeed as Israel, must be shaped and filtered through both the imperative to justice and the understanding of modernity. We must read our texts mediated not only through the commentators of old, but also with the eyes of our own contemporaries.

The Midrash Tanhuma proclaims that “every judge who adjudicates according to the quintessential truth is regarded by Scripture as though they were a partner with God in creation.”  So searching out and supporting Justice brings us as close to the divine as we can get.

 The famous phrase ‘Tzedek Tzedek tirdof” “Justice Justice you shall pursue” continues “so that you will live, and inherit the land which the Eternal your God is giving to you (Deut. 16:20) and this is telling. Justice is the thing that brings us as close to God as we can be, the Land of Israel is seen in tradition as being a land which has the eye of God upon it. If Justice is not done in Israel, we will not deserve to live within it – indeed Jacob ben Asher [writing in the halachic code the Tur (c 13th century)], comments on the Talmudic statement that “The only reason Jerusalem was destroyed was because the sages based their decisions on the strict requirements of the law, without going beyond it” (Baba Metzia 30b) by extending it and saying “The only reason that Jerusalem was destroyed and Israel was exiled was because they abolished justice”.

 To simply apply law mechanically and strictly, without thought of context or complexity, is, in the eyes of the Tur, to abolish Justice.

 As we look around in our worlds, shaken by uprisings and riots, by demands and terror, let us take a deep breath and remember that mechanistic responses – even if written in our holy texts – may not be the answer, and we have also to apply the human responses of our own time.