Torah Commentary - Shoftim
*Commentary courtesy of Menahem Me-Zahav
Our Sidrah continues with Moses’ Farewell Speech that takes place, just at the time, that the Israelites are getting ready to enter the Promised Land. Its name “Shoftim” – the first word of the Sidrah - defines also one of the main topics it discusses. “Shoftim” means “Judges”. (“Shofet Shalom” is “Justice of the Peace” and “Beit Mishpat” implies “Court House” etc.)
The first topic in our Sidrah is the pursuit of Justice in the Jewish community. The foundation to a just society, is its Justice system. In order to assure justice for all, a system of courts and judges must be set up, in every town and city. The judges must be honest people who can decide cases brought before them, with fairness and impartiality. Under no circumstance is a judge to accept a gift, be it small or large. A judge that violates this basic rule can no longer decide a case in fairness. “Shoftim Ve’Shotrim – (Judges and Law Watchers *) must be appointed by you in all your towns…And they (the Judges) shall treat the people with due justice…Don’t twist judgement, don’t respect a person (over another) and don’t take a bribe…Justice, justice must you follow, so that you may live and thrive, and settle in the (Promised) Land, that the Lord your God is giving you” (Deuteronomy 16:18-20).
The Jewish system of justice encompasses detailed regulations for appointing judges, examining witnesses, and hearing & deciding cases. People of questionable integrity like Loan Sharks, Gamblers or Law Violators, are excluded from serving as judges. Relatives have to ‘Recuse’ themselves from judging. Many modern laws seem to have originated from the Jewish Code.
Why are the words “Justice, Justice” (”Tzeddek, Tzeddek”) duplicated? Per Talmud, it is to emphasize its importance. The Rambam (Maimonides, 12th century CE) suggests, that the duplication of the words: “Justice, Justice” (”Tzeddek, Tzeddek”) is aimed at urging the Jewish Judges, to go out of their way, when examining details of cases, awaiting a verdict. IE: Engage expert opinion, Call eye witnesses, Check precedents, etc. Justice is then assured, to be fully served.
God is the Supreme Judge of the World. Interestingly, while trying to save the people of Sodom & Gomora, from total annihilation, Abraham pronounces God as The “Shofet Kol Ha’Aretz” (“The supreme Judge of the World), Genesis 18:25).
*Note: While the word “Shofet” was already known in Biblical times to mean “Judge”, the word “Shoter” however, received its current meaning (of “Policeman”) in modern times. Incidentally. The word “Mishtara” means “Police”, and “Tachanat Mishtara” is “Police Station”.
Safeguarding the Environment. At time of war, it is particularly essential to protect fruit producing trees. "When you are at war, against an enemy city in a prolonged siege, do not destroy its trees by wielding an ax against them. For you need the trees to eat from” (Deuteronomy 20:19). The notion that destruction of man’s own source of food supply is unacceptable, was later expanded in the Talmud as “Bal-Tashchit” – “Do not destroy”. The wasteful and senseless destruction of anything useful is totally wrong and must be avoided. This includes the destruction of Furniture, Clothing, Heating Oil and more.
It is remarkable, how the Jewish traditional concern for the environment, originated at a time that the demand to ‘save the endangered planet’ was not to become an issue, for another 2,000 years.
Other topics in our Sidrah are as follows:
(a) Moses warns the people once more against idolatry. Idolatry is a major offense against God, as it aims to deny His existence.
(b) If a local court finds it too challenging, to deal with a difficult case, it should refer the case to the Supreme Court that soon will be established in Jerusalem. It will assure full fairness and justice.
The Supreme Court in Jerusalem was named “The Great Sanhedrin” (or just: “The Sanhedrin”).
It consisted of 71 sages from the Jewish community, who were appointed to this position.
(c) When the Israelites are settled in the Promised Land, they might ask for a king to rule over them. Moses warns them about the monarchy. It might have some advantages, but it is also entwined with limitations. Some 200 years later, having inhabited the Promised Land, the Israelites ask Samuel to place a king over them, “like all other nations” (I Samuel, 8-12). Samuel who is visibly shaken, vehemently objects to the idea of having a king over the Jewish people. However, Samuel is soon ordered by God, to accommodate the people, and God then continues with His directive: “But, do tell them all about the monarchy”. Samuel, then publicly agrees to the idea of placing a king over Israel. He uses almost word by word, of what is mentioned in our Sidrah, to describe the excesses, that a future king might display. He even adds on his own, a few unpleasant traits that he attributes to the ‘yet to be chosen’ king.
The Jewish people defiantly proclaim: “We do want a king over us”.
With Samuel’s compliance, Saul - Sha’ul, is chosen to become the first King of Israel (1028 BCE).
Note: It so happens that there is also an interesting connection, between the above majestic personality of Samuel to the Rosh Hashanah Holiday, that will be celebrated soon. Samuel was the last of the Judges, that filled up the gap (of 150 years) between the generation of the settlers to the start of a Monarchy in Israel. The connection: On Rosh Hashanah we read about the Birth of Samuel, which is the main topic of the 1st day’s Haftarah.
Haftarah: Isaiah 51:12 - 52:12, Page 1108.
Today’s Haftarah is the 4th of the 7 Consolations - Shiva De’Nechemta.
The prophet brings a message of hope to his exiled brethren. They need no longer fear the tyrannical rulers that have subjugated their land, for God has remembered his people, and Jerusalem will rise once again. The captives will soon be freed, Jerusalem will be redeemed from its conquerors, and the Jewish people will soon be able to rejoice in their own land. “Awake, Awake O Zion, dress yourself in splendor, put on, your robes of majesty O Jerusalem, the holy city. For no more will a foe enter your gates. Shake off the dust, arise and remove the bonds of captivity, O Daughter of Zion“ (Isaiah 52:1-2). (Please see the note below *)
God and Israel are to be reunited and all the nations will witness this great happening. Isaiah ends with a depiction of Devine power reminiscent of the Exodus. When leaving Egypt an Angel of God was located in front of the Israelites and a special cloud of God, was positioned in the rear, thus protecting their back from the pursuing enemies’ arrows and spears (Exodus14:19-20). Similarly, Isaiah promises that: “God has revealed his (mighty) arm in sight of all nations, and they shall witness His victory…For, The Lord is marching before you (Israel) and your God is your rear guard” (Isaiah 52:10&12).
(*) Note: The few words “Shake off the dust…Arise” (“Hitna’ari Me’Afar…Kumi”) that are mentioned above, as part of the Haftarah, are also part of our “Lecha Dodi” prayer every Friday Night. The “Lecha Doddy” prayer was composed in the 16th Century CE by Shlomo Alkabetz Halevi. The letter Hei of Shlomo heads the word “Hitna’ari” that opens the 4th stanza.
