Shoftim
Rabbi Jablinowitz
We read in this week’s parsha the mitzvah of appointing judges and having a system of courts. This mitzvah follows the end of last week’s parsha which ended with the mitzvah of the Shalosh Regalim, the thrice yearly obligation to go up to Yerushalayim during the period of the festivals. What is the connection between the festivals we read at the end of Re’eh and the mitzvah of having courts and pursuing justice which we begin our parsha with?
The Sfas Emes brings a few different explanations, but the one I would like to bring has to do with the presence of the Shechinah. When Bnei Yisrael would go up to Yerushalayim three times a year, they would bask in the holiness of the Shechinah. Similarly, when the Dayanim judge cases correctly and properly, the Shechinah is found in their midst. This is indicated by the pasuk (Tehillim, Chapter 82, Pasuk 1), Hashem Nitzav B’Adas Keil, B’Kerev Elokim Yishpot.
I would like to expand this idea to a deeper level. The mitzvah during the Shalosh Regalim is to be seen in the Mikdash in Yerushalayim. Rashi on the Gemara in Chagigah 2A teaches that although the mitzvah is to be seen, when Bnei Yisrael go up to the Beis Hamikdash during the festivals they achieve a special level of holiness which enables them, so to speak, to “see” the Shechinah. This level of closeness is so unique, that it is a defining characteristic of who Bnei Yisrael are. This can be seen by the Chazal in parshat Balak brought by Rashi (Chapter 22, Pasuk 28) which describes the Jewish people as the “Umah HaChogeges Shalosh Regalim, the nation who celebrates the three festivals. The ability of Bnei Yisrael to “see” the Shechinah affects us to such an extent that it impacts on our choices in life. This is can be seen in the first pasuk in last week’s parsha, Re’eh Anochi Nosein Lifneichem Hayom Bracha U’Kelala. We need to look at life from the proper perspective in order to make the choice between life and death, between blessing and curse. This is why the mitzvah of going up to Yerushalayim on the Regalim defines Clal Yisrael; it gives us a vision and perspective which enables us to lead a life connected to Hashem.
There is a similar idea with Dayanim adjudicating the laws of the Torah. The pasuk we quoted above from Tehillim is but one example of pasukim which use one of the names of Gd, Elokim, to refer to judges (see the Rashi on Chapter 19, Pasuk 17). This is because when judging properly, there is an inspiration and closeness created between the Dayan and Hashem. As Chazal teach in Shabbos 10A, Kol Dayan Shedan Din Emes L’Amito… Na’aseh Shutaf L’Hakadosh Baruch Hu B’Ma’aseh Bereishis. The judges who judge properly become like partners to Hashem in creation. Justice and truth is essential to our understanding of Gd. Chazal teach in Shabbos 55A, Chosamo shel Hakadosh Baruch Hu Emes, the seal of Gd is truth. Therefore, when the judges rule truthfully, they are identified through the name of Gd.
The pasuk in Tehillim says (Chapter 81, Pasuk 5), Ki Chok L’Yisrael Hu, Mishpat Lelokei Yaakov. The Gemara in Rosh Hashanah 8B teaches that the word “Chok” in the pasuk is a reference to Beis Din sanctifying the New Moon and declaring it Rosh Chodesh. And the Gemara is stating that when it’s a Chok, i.e. when Beis Din below sanctifies the New Moon, then Mishpat Lelokei Yaakov. It is accepted as truth and judgment up above in the Beis Din shel Ma’alah. We see here the two ideas coming together. When judging and when declaring when the Shalosh Regalim fall out, we are partners with Hashem. Our ability to be inspired and join with Hashem is expressed both in the mitzvah of aliyah la’regel as well as in judging cases according to the proper rule of the Torah.
How does our understanding of Hashem’s identification with justice fit in with the pasuk (Tehillim, Chapter 89, Pasuk 3), Olam Chesed Yibaneh? The world was built with chesed, which is Lifnim M’Shuras Hadin, beyond the letter of the law. And the Mishnah in Avos (1, 18), states that justice is one of the pillars upon which the world exists. The Sfas Emes answers, that when we pursue justice in our world, Hashem treats us in kind with chesed. The more din and pursuit of justice we follow, the result will be a judgment which reflects our pursuit of justice; a judgment full of loving kindness and compassion.
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