SHOFTIM

DEUTRONOMY XVI:18-XXI:9

One of the foundations of Torah legislation is justice. Tsedek tsedek tirdof, “abundant righteousness you shall pursue,” says the biblical text. The repetition of the word Tsedek that underlines the concept of justice and in Hebrew means “much justice”. This repetition gives rise to the comment of the Chachamim, Tsedek betsedek, justice must be obtained through just methods. It cannot be argued that the end justifies the means, because each stage of a process can also be regarded as an end. Democracy cannot avail itself of the methodology of tyranny.

Modern societies demand justice with speed. Of little use is that justice that takes months and years to issue a verdict and, in the meantime, keeps the accused in suspense – even in preventive custody. Therefore, the ideal of justice must be accompanied by regulations for its implementation. For justice to prevail it is necessary to establish a significant number of courts that can deal with the cases that arise with the indispensable fluidity.

Following the biblical instruction, Rambam specifies that first the Supreme Court, the Sanhedrin of 71 judges and 2 additional Courts composed of 23 magistrates each should be established in the Beit HaMikdash. The first at the entrance to the courtyard of the Beit HaMikdash and the second at the entrance to the mount on which the Beit HaMikdash was built. In addition, it was necessary to establish a court of 23 magistrates, the Sanhedrin Ketana, in each city with a population of no less than 120 souls. Cities that had a population of less than 120 people also enjoyed a 3-magistrate court.

Cases in which the death penalty was possible had to be tried by a court of 23 judges. But the Mishnah warns that cases in which death was sentenced did not exist. Even a Beit Din, a court that sentences the death penalty every 7 years – and which, according to a second opinion, gives a death sentence once in 70 years – can be considered a murderous court.

The sheer number of judges operating in the Land of Israel – a number that is far above what is currently fashioned in the Western world – ensured that any litigation received immediate attention. Because as we pointed out, justice that is slow does indeed become a great injustice. According to Rambam, the judge is not allowed to be paid for dispensing justice. However, if the judge requests that a person who can perform his usual work be appointed and remunerated to relieve him of his daily task, this arrangement is allowed. Similarly, if the judge requests that he be remunerated for the time he must devote to the trial matter in equal amounts of both parties to the litigation – which, in turn, prevents him from fulfilling his normal dedication – this request is also permissible.

Pinchas Hayman points out that the reason why such a large number of judges was required – which in the case of a small town meant that every fifth person was appointed as a judge – was due to the fact that in the Jewish tradition so many cases were adjudicated by this legal system. The idea was that justice would prevail in all aspects of a person’s life. Because where justice does not prevail, deceit and corruption become the order of the day of society.

The system of justice that the Torah commands does not provide for interveners and lawyers. The judges were responsible for the investigations and the defense of the parties. When listening to litigants, they should not allow one party to stand while the other was seated. A longer period could not be offered to one of the litigants to present his case. Neither side should feel belittled, because the presentation of their arguments could be affected by any hint of discrimination.

The location of the Great Sanhedrin in a Chamber of the Beit HaMikdash allowed the people to witness its activities, especially at the time of the Shalosh Regalim: the holidays of Pesach, Shavuot and Sukkot when the pilgrimage to Yerushalayim was fulfilled. Because the court not only administered justice: it was simultaneously a great higher academy of Torah study.

Faced with the imminent destruction of Yerushalayim and the Beit HaMikdash perpetrated by Titus’ legions, Rabi Yochanan ben Zakai requested that the Sanhedrin be allowed to be transferred to the cityof Yavneh, where a large academy of study was installed. This attitude was criticized by some as an act of cowardice and submission to the Roman Empire, but history justifies the action because cities and buildings can be destroyed, but knowledge and study endure and are the bulwarks that can sustain the spirit and constitute the indispensable element to ensure the continuity of a people and an ideal in the future.

MITZVAH: ORDINANCE OF THE TORAH IN THIS PARSHA

CONTAINS 14 POSITIVE MITSVOT AND 27 PROHIBITIONS

• Deuteronomy 16:18 Appoint judges and officers in every Jewish community.
• Deuteronomy 16:21 Do not plant a tree by the Altar.
• Deuteronomy 16:22 Do not erect an idolatrous pillar.
• Deuteronomy 17:1 Do not offer an animal with blemish, even if it is temporary.
• Deuteronomy 17:10 Abide by what the Jewish Supreme Court rules in every generation.
• Deuteronomy 17:11 Do not disobey the word of the Jewish Supreme Court.
• Deuteronomy 17:15 Appoint a Jewish King.
• Deuteronomy 17:15 Do not name a Jewish King who is not a native Israelite.
• Deuteronomy 17:15 A king should not accumulate more horses than he needs.
• Deuteronomy 17:16 Do not reside in the Land of Egypt.
• Deuteronomy 17:17 A king should not have too many wives.
• Deuteronomy 17:17 A king should not accumulate excess gold and silver.
• Deuteronomy 17:18 A king must write a Torah, in addition to the one that every Jew must write.
• Deuteronomy 18:1 The Levites are not to inherit land in the Land of Israel.
• Deuteronomy 18:1 The Levites must not partake of the spoils during the conquest of the Land of Israel.
• Deuteronomy 18:3 Give to the Kohen the shoulder, jaw, and final stomach of an animal offering.
• Deuteronomy 18:4 Separating Terumah from other produce.
• Deuteronomy 18:4 Give the Kohanim the first shearing.
• Deuteronomy 18:4 Kohanim should serve in the Temple according to guards and at times of festivities should serve in unison.
• Deuteronomy 18:10 Do not practice divinations.
• Deuteronomy 18:10 Do not practice witchcraft.
• Deuteronomy 18:10-11 Do not use amulets.
• Deuteronomy 18:10-11 Not consulting a medium.
• Deuteronomy 18:10-11 Do not consult a Yidoni (magician).
• Deuteronomy 18:10-11 Do not attempt contact with a dead person.
• Deuteronomy 18:15 Listen to every prophet of generation, unless he adds or reduces what is in the Torah.
• Deuteronomy 18:20 Do not utter false prophecy.
• Deuteronomy 18:20 Do not utter prophecy in the name of an idol.
• Deuteronomy 18:22 Do not fail to execute a false prophet and fear him.
• Deuteronomy 19:3, 6 Prepare 6 Cities of Refuge.
• Deuteronomy 19:13, 21 Have no mercy on the person who delivers a mortal blow during a capital punishment trial.
• Deuteronomy 19:14 Do not falsely move your boundaries.
• Deuteronomy 19:15 Do not judge based on the word of a single witness.
• Deuteronomy 19:19 Doing to the false witness what he tried to do to a victim with his testimony.
• Deuteronomy 20:3; 7:21 Do not fear the enemy in battle.
• Deuteronomy 20:5-7 Anointing the Kohen for War.
• Deuteronomy 20:10 Behaving in an Optional War according to the rules of the Torah.
•  20:16 Do not allow any of the 7 nations that inhabited the Land of Israel to live.
• Deuteronomy 21:1 Do not destroy fruit trees during a siege, nor cause useless destruction.
• Deuteronomy 21:1 Breaking the calf’s neck in the riverbed.
• Deuteronomy 21:4 Neither plough nor sow in the riverbed where the calf’s neck was broken.