Category Archives: Shoftim

5782, Chidushei HaRim, Deuteronomy, Parsha, Shoftim

Judging Others (Shoftim)

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Judging Others (Shoftim)

If you are pained by external things, it is not they that disturb you, but your own judgment of them. And it is in your power to wipe out that judgment now. -Marcus Aurelius

The opening of the Torah reading of Shoftim starts with the prescriptive command of:

Judges and officers you shall place at all your gates, that God your Lord gives you to your tribes, and you shall judge the people a judgement of righteousness.

The Chidushei HaRim on Deuteronomy 16:18 explains the verse homiletically. He explains that “gates” is referring to the gates of our heart and “tribes” is referring to various attributes in our service of God, such as “the gates of awe,” “the gates of love,” “the gates of Torah,” “the gates of lovingkindness,” and so forth.

He elaborates, that if we were to take a deep look at ourselves, that if we were to judge ourselves honestly, we would realize that everything we have is from God. In essence, there is no attribute, skill, trait, or strength that we possess that isn’t from God. We need to realize that it’s all from God and not pat ourselves on the back for something that is basically a gift from God.

The Chidushei HaRim suggests that we need to keep that awareness and gratitude in mind when confronted by the failings of others. Whether as a judge or as a layman we come across people who don’t act appropriately. We compare ourselves to them and say to ourselves how terrible or lacking or inappropriate the behavior of the other is. We need to remember that our own comparatively better behavior is not something we can take full credit for, nor can we fully blame the other. This is reminiscent of Nachmanides’ famous advice to his son (Igeret HaRamban), to think of others as inadvertent sinners and oneself as a purposeful sinner, if one decides to start comparing oneself to others. Each of us has our own unique advantages and disadvantages.

The Chidushei HaRim proposes that instead of judging the disturbing person, one needs to show compassion. It may be that their behavior, sin, ill-manners, or affront is wrong, offensive and upsetting. However, the solution is not to think that one is in anyway better or superior to the other. Whatever apparent ethical advantage one has is not something that is entirely of our own making, but rather a gift from God. The answer is to remember that we are no better than the other and to think and demonstrate compassion rather than judgement, affection rather than disdain.

May we judge others favorably as much as possible.

Shabbat Shalom,

Ben-Tzion

Dedication

To the incredible hospitality of the Nofei Aviv community. Thank you!

5781, Bechor Shor, Deuteronomy, Parsha, Shoftim

Inadmissible Character Witness (Shoftim)

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Inadmissible Character Witness (Shoftim)

We falsely attribute to men a determined character — putting together all their yesterdays — and averaging them — we presume we know them. -Henry David Thoreau

There is a concept in law (in American law at least) that a person’s character counts. Character witnesses will be brought in for a criminal trial to attest as to the good or bad character of a person, for the jury to take under consideration when determining the guilt or innocence of the accused.

In the Torah reading of Shoftim (Judges), Moses outlines a number of the traits and behaviors that a judge must have when conducting a trial. He states among other themes:

“You shall not judge unfairly: you shall show no partiality; you shall not take bribes.”

The Bechor Shor on Deuteronomy 16:19 digs deeper into what the verse is trying to say. He analyzes what we’ve translated above as “you shall show no partiality.” A more accurate translation would be “you shall not recognize faces.”

The Bechor Shor explains that judges need to take such directives literally. When a defendant is in front of you, you need to erase what you know about them from your memory or consideration. If you knew him as a righteous person, you can’t think to yourself that he’s probably innocent. Likewise, if you know the defendant has a criminal past, you can’t assume he’s guilty. A judge needs to weigh the case exclusively on the evidence and testimony in front of him.

The Torah considers character witness testimony inadmissible and irrelevant to whatever case is being judged. A person’s historical actions are not a legal indication of what they will do or how they should be judged (in a Jewish court). Furthermore, if a judge knows that a person was guilty of a different crime and never successfully prosecuted, he can’t use the current trial to mete out justice if there is insufficient evidence in this case as well.

Ultimately, true justice is in God’s hands. We should never worry that someone will “escape” justice. God’s reach is infinite. We humans are very limited in our ability to perceive who is guilty or who is innocent, and we are even more limited in our ability to see justice done. It doesn’t absolve us from trying our best with our limited perspective and tools. We are indeed commanded adamantly in the very next verse to seek justice: “Justice, justice shall you pursue.” But within very specific limits. God will handle the rest.

May we merit to see justice done, whether through human or divine agencies.

Shabbat Shalom,

Ben-Tzion

Dedication

To Sapir & Shaltiel Shmidman on their marriage. Mazal Tov!

5780, Deuteronomy, Meshech Chochma, Parsha, Shoftim

God’s Loyalty (Shoftim)

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God’s Loyalty (Shoftim)

The game is my life. It demands loyalty and responsibility, and it gives me back fulfillment and peace. -Michael Jordan

God gave Moses the Torah. Until a couple of centuries ago, it was widely believed. It was believed that the written part of the Torah, what is also known as the Five Books of Moses or the Pentateuch, was dictated by God to Moses, and the Torah scroll we have until this day is an unbroken, exact transmission of that very same dictation. That is still a fundamental Jewish belief as articulated by Maimonides among his thirteen principles of faith.

In parallel to the Written Torah, there was also an Oral Torah that was given to Moses and which has likewise been faithfully transmitted throughout all the generations. The Sages and Rabbis conveyed the Oral Torah, but they also expanded it, adding strictures, laws, and a variety of preventative innovations.

A popular question which comes up, is what right do these Sages and Rabbis have to apparently “add” to God’s law and why do we have any obligation to follow any of their added laws and strictures?

The Meshech Chochma tackles this question in his commentary on Deuteronomy 17:11. His answer is straightforward. We follow the Sages and Rabbis because God said that we should. It is one of His commandments. The verse states:

“You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from what they have told you either to the right or to the left.”

According to the Meshech Chochma (and many others), this is the verse, the command, the directive from God which empowers the Sages and Rabbis as His emissaries, as the transmitters and givers of the law. The Meshech Chochma explains that God’s concern is primarily that one should obey the Sages. In a certain respect, God is less concerned with the specific strictures or additions the Sages have instituted. God is much more preoccupied with whether a Jew is loyal to the Sages and their instruction. God interprets disobedience and disloyalty to the Sages as an infraction of His commandment and a treason of his rule.

In a sense, it is God who is loyal to His Sages and upholds and even establishes their decrees as His law. To violate a Rabbinic decree is essentially to violate a divine commandment. To keep and uphold Rabbinic strictures is to demonstrate loyalty to God, His laws and the entire framework He established.

May we be loyal, divine-law upholding citizens.

Shabbat Shalom,

Ben-Tzion

Dedication

To the memory of Prof. Ruth Gavison z”l, a brave, brilliant and honest fighter for civil liberties, among her many distinguished attributes.

5779, Berdichever, Deuteronomy, Parsha, Shoftim, The Times of Israel

Thoughts bounce back as consequences (Shoftim)

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Thoughts bounce back as consequences (Shoftim)

A human being fashions his consequences as surely as he fashions his goods or his dwelling. Nothing that he says, thinks or does is without consequences. -Norman Cousins

Moses, at the beginning of the Torah reading of Shoftim, commands the nation of Israel to appoint judges and officers, and to place them at every “gate” (meaning, every town) to judge the nation with righteousness.

However, the Berdichever explains that this injunction also reveals some of the basic elements of divine justice.

God is the ultimate judge. However, the judgments we mortals receive from above are heavily influenced by our own very human judgments below. Strict justice can be mollified by mercy and compassion. But that compassion must be present on earth. God needs to see that we are merciful if He is to temper His justice with mercy.

If God sees that we are merciful in our lives, then he will likewise be merciful with us, even if by the pure logic of justice, we might have been deserving of stricter and harsher punishments.

It is clearly understandable how if we act compassionately with others, God will act compassionately with us. However, the Berdichever takes this concept a quantum leap forward, by explaining that it’s not only our acts that are mirrored and paid back upon us, but that even our thoughts are held against us or stand to our benefit.

He states that when we judge people favorably, meaning when we think well of others, even if it is a completely internal dialogue in our minds, God will actively judge us and reward us in very real and concrete ways. Giving others the benefit of the doubt forces God to likewise give us the benefit of the doubt. It makes God find some favor, lean towards being more merciful, spare us from deserved punishments and treat us with a compassion that mirrors our own compassionate thoughts.

May our own positive thoughts of others be rewarded with positive outcomes for ourselves and for those around us.

Shabbat Shalom,

Ben-Tzion

Dedication

To the memory of Rabbi Binyamin Tabory zt”l. A great teacher in Israel. May his family be comforted among the mourners of Zion and Jerusalem.

5778, Deuteronomy, Parsha, Rabbeinu Bechaye, Shoftim, The Times of Israel

Flushing out a murderer (Shoftim)

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Flushing out a murderer (Shoftim)

Murder is unique in that it abolishes the party it injures, so that society has to take the place of the victim and on his behalf demand atonement or grant forgiveness; it is the one crime in which society has a direct interest. -W. H. Auden

The Torah prescribes a bizarre-seeming ritual in the case on an unsolved murder. The elders of the town nearest to where the body is found go to a nearby river and upon untilled land on the riverbank they kill a heifer, wash their hands over the body of the heifer, and state that they didn’t kill the man nor saw it done, and beg God for forgiveness.

The ritual, while symbolic, doesn’t appear to do much in terms of finding the murderer nor achieving any sense of justice.

Rabbeinu Bechaye, however, on Deuteronomy 21:1 (Shoftim) explains that in fact, the ritual, in a backhanded way, does flush out and identify the hidden murderer.

In an agrarian, pre-industrial age, before detectives, forensic evidence or social media, it was no mean feat to apprehend a murderer who wished to keep a low profile.

Rabbeinu Bechaye quotes Maimonides who describes that the highest probability is that the murderer is from the closest town. When the elders get involved and start measuring the distance from the victim’s corpse to the nearby towns to determine which town is closest, this causes everyone in the area to talk about the murder.

When the elders of the closest town then take the heifer to be killed at the riverbank, it gets even more people to talk about the murder, which will eventually cause the murderer’s identity to be discovered.

If the murderer is still not revealed and the elders in front of all the townspeople vow that they don’t know who the murderer is, it will cause an even greater embarrassment and eventually someone who knows something, who has some hint as to who the murderer may be, will come forward.

Part of the ritual is that the untilled riverbank land where the heifer is killed can never be worked again. Such a major economic blow to the community will create an even bigger commotion, will be greatly distressful and lead to more discussion and remembrance of the murder case which will never be forgotten.

In the natural course of social dynamics, with the unworkable land as a significant, public and constant reminder as to the open murder case, the murderer will be found, and the court, the king or the blood redeemer will see that justice is done.

It is interesting that what at first glance seems like a non-sensical ritual is in reality a sophisticated social and communal prescription for flushing out a murderer.

I wonder how many other rituals we have that are as deep, as sophisticated and as powerful, which we don’t realize or appreciate?

Shabbat Shalom,

Ben-Tzion

Dedication

To Umberto Eco, whose excellent The Name of the Rose novel, captured some of the challenges of pre-industrial sleuthing.

5777, Deuteronomy, Hirsch, Parsha, Shoftim, The Times of Israel

Land and Justice

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Land and Justice

Reconciliation should be accompanied by justice, otherwise it will not last. While we all hope for peace it shouldn’t be peace at any cost but peace based on principle, on justice. -Maria Corazon Aquino

The Torah links the concept of pursuing justice with the ability to possess the land of Israel. Rabbi Hirsch on Deuteronomy 16:20 elaborates that our ability to possess the land is actually a function of the pursuit and promotion of justice. When justice is absent or lacking, then we actually run the risk of losing our right to the land. The converse is also true, that when justice reigns, so too, our claim to the land will be unquestioned. In his own words:

“Justice – right — the shaping of all private and communal affairs in accordance with the requirements of God’s Law, is to be the one supreme goal sought purely for its own sake; a goal to which all other considerations must defer. Israel’s sole task is to pursue this goal unceasingly and with single-minded devotion, “so that you may live and take possession….” If Israel does this, it has done everything within its power to secure its physical and political existence.”

“Note that even now, when it clearly refers to the time when Israel has already completed its occupation of the Land, the text still uses the term “and take possession,” with reference to the political security that Israel will gain if it will honor and promote justice. The use of this term makes clear the crucial fact that Israel’s possession of the land can be called in question at any time, and that Israel must take possession of its land anew at every moment, as it were, by making certain that the Jewish state will honor justice and translate it into reality throughout the land.”

When injustice abounds, it nullifies our right to the land, or severely weakens it. Throughout our long history, the injustices we have perpetrated, or allowed to occur unchallenged, have invariably led to war, destruction and exile. Though we may have had right on our side, our misdeeds have consistently snatched defeat out of the jaws of victory. We need to constantly earn our right to the land by being a beacon of truth, morality and justice to all. When we fulfill our mission, God fulfills His ancient promises to us.

When true justice returns to Zion, then secure peace will not be far behind.

Shabbat Shalom,

Ben-Tzion

Dedication

To the Bitton family of Great Neck, for their wholehearted hosting and pursuit of justice, peace and loving-kindness.

5776, Deuteronomy, Parsha, Sfat Emet, Shoftim, The Times of Israel

Shaking the Foundations

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Shaking the Foundations 

If we do not maintain Justice, Justice will not maintain us. -Francis Bacon
scales-of-justice

There is an oft-repeated dictum of the Rabbis that the world is sustained by three things: Justice, Truth and Peace. (Pirkei Avot 1:18). Meaning, the institution of Justice, along with its companions Truth and Peace are three pillars that sustain the world. Harm one of the pillars, one of these foundations, and you threaten the very existence of the universe.

The Sfat Emet in 5634 (1874) takes this statement literally based on the verse “You shall not wrest (“thateh” in Hebrew) judgment.” (Deuteronomy 16:19). The literal word in Hebrew “thateh” can be understood to also mean to lean or to push in a way that will make something fall. Our unjust actions carry the danger of potentially toppling down the entire edifice of our world.

What this means, as it relates to Justice, is that if we don’t make sure that Justice is done, or if we are involved in an injustice, somehow we are eroding the basic building blocks of civilization. Fair play breaks down. Trust disappears. All human cooperation would come to a standstill, or be enmeshed in so many legal strictures as to make working together with anyone else almost impossible. That is how important the aspect of Justice is in our lives. Without a basic and sustained system of justice in society, it is very difficult to have functional and productive lives. The world would descend into anarchy.

The Sfat Emet concludes that just the act of veering from the laws of God, from what He determined is just, puts not only us, our families and our communities in danger – but it also threatens the entire world.

The converse is even truer. When we uphold justice, when we follow and strengthen God’s laws, we support, not only our world, but the entire universe.

May we merit to always be on the side of Justice, Truth and Peace.

Shabbat Shalom,

Ben-Tzion

Dedication

To my nephew Saadya Epstein on being sworn in to the Armored Corps of the IDF.

 

 

5775, Baal Haturim, Deuteronomy, Parsha, Shoftim, The Times of Israel

Lions of Judah

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Baal Haturim Deuteronomy: Shoftim

Lions of Judah

There is something behind the throne greater than the King himself. –William Pitt, The Elder Chatham

royal lionThe Bible itself as well as subsequent Rabbinic commentators have mixed feelings regarding a monarchy. On one hand it seems to be a command that the nation of Israel should have a king. On the other hand, it seems that a monarchy may only be established if the nation desires one. If the nation wants a king, then there are certain guidelines as to the qualifications of a king as well as what he can and cannot do.

Not much after the nation of Israel conquers the land of Israel, we have the death of Joshua and the loss of centralized leadership. That time period is known biblically as the era of the Judges when over the course of a few hundred years the nation of Israel descends into civil war, chaos and anarchy. However, with the subsequent establishment of the monarchy of Israel, we relatively quickly get to corruption, idolatry and oppression, and a few hundred years after that, destruction and exile. In the long term, the difference between not having a monarchy and having one seems to be the difference between social madness and organized social madness.

Nonetheless, the Bible gives a tremendous amount of respect and importance to the historical monarchy. The desire for a king and the need to follow one to the people’s liking is the source of much drama in the biblical books of Samuel and Kings and leads to the schism between the southern tribes (Judah and Benjamin) that remained loyal to the House of David and the ten northern tribes that went through various non-Davidic rulers. The Baal Haturim on Deuteronomy 17:15 points out to us that the kings of Israel are meant to be descendants of the tribe of “Lions”, the tribe of Judah (as David, Salomon and their descendants were – and would indicate the northern tribes were ostensibly in the wrong in following non-Judean rulers, despite God’s command and repeated intervention in the election (and assassination) of the kings of the ten tribes).

The error of non-Judean kings was repeated again during the second Temple era after the Hasmonean Revolt, where the successful Maccabees took the helm of political leadership despite being a Cohanic non-Judean family. The initial victory turned to ashes generations later as the Hasmonean line became corrupt and ends with Herod, who while an impressive builder, was a greater enemy of the Jewish people.

May we merit leadership of noble traits and correct pedigree, be they kings or otherwise.

Shabbat Shalom,

Ben-Tzion

Dedication

To the two lions who included Montevideo in their courageous Halachic Adventures: Dr. Ari Greenspan and Rabbi Ari Zivotofsky.

5774, Deuteronomy, Netziv, Parsha, Shoftim, The Times of Israel

Monarchical Vacillation

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First posted on The Times of Israel at: http://blogs.timesofisrael.com/shoftim-monarchical-vacillation/

Netziv Deuteronomy: Shoftim

Monarchical Vacillation

“No one pretends that democracy is perfect or all wise. Indeed, it has been said that democracy is the worst form of Government except all those other forms that have been tried from time to time.” -Sir Winston Churchill, Speech in the House of Commons, November 11, 1947

The Bible seems to be of two minds when it comes to the topic of Monarchy. On one hand it appears to be a command, that the people of Israel should appoint a king to rule them. On the other hand, both in God’s messages to the people, and as we have seen throughout history – a king is more often than not a greater curse for his subjects than a blessing.

When trying to imagine a Messianic future, there are some as well that picture the return of the Monarchy. It is prophesied that a descendant of King David will rule Israel, but will it be as King, as some benevolent tyrant, or will his powers be circumscribed by some other government institutions creating a balance of power?

The Netziv on Deuteronomy 17:14 explains that the commandment to appoint a king is an optional one. It is only if the people desire and demand a king. If there is a king in place, then the Torah provides certain guidelines, restrictions and privileges for the king. But it is not a necessity for Israel to have a monarch.  It is perfectly permissible for the people of Israel to choose some other form of government for self-rule. It can even be a democracy.

May we improve the governing institutions we have and be grateful that they are not worse.

Shabbat Shalom,

Ben-Tzion

Dedication

To our elected officials in all their functions and capacities. May God bless them, give them wisdom, compassion and good judgment.

 

 

5773, Deuteronomy, Ibn Ezra, Parsha, Shoftim, The Times of Israel

“Don’t do me any favors”

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[First posted on The Times of Israel at: http://blogs.timesofisrael.com/shoftim-dont-do-me-any-favors/]

Ibn Ezra Deuteronomy: Shoftim

“Don’t do me any favors”

“No matter how small and unimportant what we are doing may seem, if we do it well, it may soon become the step that will lead us to better things.” -Channing Pollock

Probably one of the worst displays of helpfulness is the half-hearted assistance. Someone offers to do the dishes. You are relieved by the sudden, unexpected and generous help. Your vital time is freed up to tend to other pressing matters. But the person who did the dishes, didn’t really want to do them. It was a mock kindness, a weary, lazy effort pretending to be helpful, perhaps even just seeking the claim of helpfulness, but really merely fulfilling a self-serving desire to proclaim to the world the righteousness of the impromptu dishwasher.

You return to the dishes and notice that there is a ring of hardened dirt on one, a splotch of dried grease on another, a discoloration that just won’t come off on the third. You now attack the dishes yourself with more energy, force and frustration than you would have without the Good Samaritan’s help. It is probably from such a fear of the unenthused offers of help that the phrase “Don’t do me any favors” was born, (I traced it to the Yiddish: “Ti mir nit kayn toyves”).

God has a similar attitude when it comes to certain aspects of our worship of Him, especially in the more voluntary commandments. Ibn Ezra on Deuteronomy 17:1 highlights this on the prohibition of bringing a blemished animal as a sacrifice. He explains that it is better not to bring anything than to bring a blemished animal. It’s as if God is saying “Don’t do me any favors – if you can’t be bothered to bring me a pristine animal, if you can’t be bothered to do the commandment properly – don’t do it at all.”

It must be noted that this is a rare view in the performance of commandments. A more general philosophy is that even if someone performs a commandment imperfectly, he should continue, in the hopes and expectations that he will eventually learn to do it properly. However, on some matters, especially where we can clearly do better – God may take umbrage at a lackadaisical attitude.

May we work harder on the simple things within our reach – they count as well.

Shabbat Shalom,

Ben-Tzion

Dedication

To the Jewish community of Punta del Este. It’s a summer destination with year-round warmth.