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.

 

 

 

After prayer, introspection, critique and teshuvah, the time for action is now

The Jewish year has a number of cycles, and one cycle has just concluded – from the seventeenth Tammuz which happens three weeks before Tisha b’Av in the early summer time, till Shemini Atzeret /Simchat Torah, the conclusion of the Yamim Noraim, more than thirteen weeks later, we have been focusing on how our behaviour impacts upon the world, how what we do really matters. The destruction of the Temple and the Exile from Israel in the year 70CE was caused, according to our tradition (and firmly based in the historical narrative) on “sinat hinam” – acts of causeless hatred, where Jews betrayed other Jew; Individuals did not value others; Greed and selfishness overtook care and compassion. With the effects of the destruction of Jerusalem resonating in our souls we go through the summer and on to the high holy days mindful of the words of Talmud Sanhedrin 37a    “Whoever destroys a soul, it is considered as if they destroyed an entire world. And whoever saves a life, it is considered as if they saved an entire world.” The text goes on to make clear that the destruction and the saving are not necessarily of the life itself, but of the quality of that life.

Simchat Torah ends this particular cycle – while of course also beginning another, that of the weekly progression of readings from the scroll. But Simchat Torah now also marks for us the greater focus on the outcomes of the Yamim Noraim – the importance of repairing the world, of righteous behaviour and of acts of compassion – the three Jewish principles of Tikkun Olam, of Tzedek and of Gemilut Hasadim.

For a quarter of the year, from the middle of Tammuz, through Av, Ellul and more than half of Tishri we have been prompted through liturgy and festivals to consider repeatedly about how we are behaving in the world, reminded again and again that there are consequences and impacts arising from our choices. We have drilled down from the sweep of Jewish history into the capacities of each individual soul to enact change both for themselves and for the world. And now, with Simchat Torah and the return to the beginning of bible, which reminds us of our universalistic beginnings, of God as Creator of the whole world, interested in every person and every action, it is time to change our focus back to the wider world in which we live. We have thought hard about our own failings and tried to make ourselves better, now it is time to try out our newer better selves, to go into the world and try to make a difference. As the new year of Torah readings begins, they nudge us to find something new and pertinent in the familiar. There is much to do close to home – be it working for our communities so that everyone feels valued and becomes connected. Be it working for more fairness in the workplace, for the safety and security of those who find themselves lost or in poverty, or homeless. And from within our own community we can also work to help those further away, the refugees currently risking their lives while fleeing terrible circumstances in their own country, the dispossessed and isolated because of war or disease. We can add our voices to those who protest where humanity is cruel or thoughtless to others, we can demand of our leaders that they behave according to the values they say they espouse.  We remind ourselves of the teaching in the Talmud Sanhedrin 37a    “Whoever destroys a soul, it is considered as if they destroyed an entire world. And whoever saves a life, it is considered as if they saved an entire world.” The text goes on to make clear that the destruction and the saving are not necessarily of the life itself, but of the quality of that life.

olive harvest rhr

The time for contemplation is over, the time for action is now

image from rabbis for human rights co-ordinating volunteers to help Palestinian farmers harvest their olives.

VOLUNTEERS NEEDED THIS WEEK FOR THE OLIVE HARVEST IN THE OCCUPIED TERRITORIES!
We need folks to sign up to join us for the harvest THIS Wednesday, Thursday and Friday. For those of you who have already signed up, now is the time for you to work with our office to specify a date. Please email info@rhr.israel.net or call 02 678 3876 to sign up. Dates are also available until Nov 6th.