Pursue, pursue justice

Shoftim

Deuteronomy 16:18-21:9

Précis: The parasha Shoftim (literally, “judges”) is devoted primarily to various themes of justice, and includes warnings against false testimony, idol worship, and the dangers posed by mortal kings. The parasha also warns the people against false prophets, magicians, soothsayers and witches. It establishes requirements for cities of refuge in the Promised Land. In short, the parasha is devoted to ways to create a just society in the Land of Israel.

Deut. 16:20 “Justice, justice you shall pursue that you may live and inherit the land which Adonai your God gives to you.”

            Liel Leibovitz, writing in Tablet Magazine (9/2/11), suggests that to modern ears, Moses’ demand in this verse may seem somehow quaint or naive. But, he suggests, this directive is actually quite radical. Prior to Torah, the “law” was what the ruler decided what it was, subject to the ruler’s whim. Now, law was recognized as coming from a Higher Authority, meaning that all, including rulers, were bound by its commands. Justice, Leibovitz suggests, ceased being relative, and became absolute: an offense was no longer just a crime but also a sin against God.

            In addition, this mitzvah required the creation of courts and judges to wisely and impartially render decisions, as verses associated with this mitzvah assert. But that is not the ultimate limit of “justice.” God, Himself, is by our tradition subject to the law He has enunciated. [This is the basis for the reciprocal relationship of the Covenant, and is also a reminder of Abraham’s demand before the destruction at Sodom “…Will not the Judge of the entire earth do justly?” (Gen.18:26)].

            We live in a society where the concept of “justice” is under tremendous scrutiny. Is it “justice” to imprison drug offenders to lifetime sentences? What kind of “justice” leads to the use of military equipment by local police, or to the outrageous number of assaults and murders by police we are experiencing? What kind of "justice" leads the BDSers to single out Israel with their contempt while they ignore the oppression of million by other regimes, and ignore the hundreds of thousands of dead in Syria?

            We live in a world where justice remains a hope, but not an established fact. Perhaps that is the reason the mitzvah is to pursue justice.

The Danger of Intolerance

Re’eh

Deuteronomy 11:26 - 16:17

Précis: Moses begins by quoting God, saying “Behold (re’eh), I set before you a blessing and a curse this day.” The blessing flows from observance of the laws and the curses result from violations. A concern with idolatry permeates the following verses. The parasha explains that there will be a single site for sacrifices. A test for a false prophet and the punishment of an idolatrous city are included. The parasha then shifts to other subjects: a prohibition against self-mutilation, the biblical basis of the laws of kashrut, tithing so that the needs are met for the  Levites, the "stranger, the fatherless, and the widow.” Remission of debts, freeing of Hebrew slaves, and the dedication of firstborn cattle are discussed, as are the commandments for the observance of Passover, Shavuot, and Sukkot.

Deut. 14:1 “You are the children of Adonai your God. Do not gash yourselves or shave the front of your heads on account of the dead.”

            Rabbi Joseph Heller has taught an interesting lesson about the verses in this part of the parasha (Distance Learning Project 8/23/03). He notes that this the prohibition from Jews “gashing” themselves has an alternative rabbinic interpretation, based on the same Hebrew root:  that Jews are not to divide themselves by adopting different subgroups with different understandings of the law.  

            Verses almost immediately following delve into the laws of kashrut. As I’ve pointed out before, while the attributes of  kosher land and sea creatures are carefully laid out, the “kosher characteristics” of birds is missing. Instead, we get a list of permissible birds to eat. This became an important issue for European Jews of the 16^th century, when turkey from the New World was introduced, and rapidly became popular. Was turkey kosher? Some authorities, citing Mishnaic sources, found it to be kosher; others, citing Rashi and his school of thought, declared it treif (non-kosher). Eventually, a majority of authorities came to recognize that turkey was indeed kosher.

            This story of the great turkey debate is more than a historical footnote. It is a great example of how Jews deal with the commandment of this verse: "Lo titgodedu" (do not divide into rival groups).

            In every era, there have been major disagreements in practice among and between different Jewish groups, and these disagreements run from the trivial to the fundamental. In recent times in Israel, and in parts of other Jewish communities as well, we see that differences become intolerable to some Jews: they demand separate seating on airplanes and buses, they state that Reform Jews are not really Jews. Intolerance and hatred fuels not only religious differences, but seeps into political action as well, as some Jewish extremists find a religious basis for their heinous attacks on gays and Arabs.

            Rabbi Heller notes, “Jews need to retain the ability to ‘talk turkey’ with those who observe differently, so that we remain one people, more than the sum of our parts, rather than disconnected sects.” On the other hand, with the most extreme elements of self-proclaimed “believers” we must stand and condemn, as has the vast majority of Israeli government and rabbinic authorities.