Parshat Shoftim 5775: Connecting Judicial Righteousness, Our Mission and the Paradigm Criteria for Kingship Over Am Yisrael

Shalom Friends;

This week, our Parshat HaShevua Parshat Shoftim is being sponsored by Yirmi & Rochelle Gold of Ramat Beit Shemesh dedicated for both continued recovery for Yishaya Shalom ben Malka Gittel (Yishaya Blass) and for a total, complete refuah shleima for Chaim Yechiel ben Malka (Howard Rothman). To the Gold family, many thanks for your sponsorship and for your continued kindnesses and good wishes.

You can celebrate a Simcha — a birth, a Bar/Bat Mitzvah, a Chassuna or other Simcha event in your life, or commemorate Yahrtzeit of a loved one, or for whatever other reason by sponsoring a Parshat HaShevua.

Please forward to your relatives and friends and encourage them to sponsor a Parshat HaShevua. And please be in contact with me with any questions, or for further details.

Best Regards,

Moshe Burt
skype: mark.burt3

Parshat Shoftim 5775: Connecting Judicial Righteousness, Our Mission and the Paradigm Criteria for Kingship Over Am Yisrael

by Moshe Burt

Our Parshat Shoftim opens with the Torah requirement of appointment of judges, and officers of the court to enforce judicial decisions with righteous judgement. The third posuk of our parsha reads:

“Tzedek, Tzedek tierdof…” Righteousness, righteousness (also rendered Justice, Justice) you shall pursue that you may live and inherit the land which the Lord, your G’d gives you.” (Sefer Devarim, Perek 16, posuk 20)

Such righteousness in judgement must not be prejudiced by bribes, gifts, appearance of, or financial position of either litigant.

A jaw-dropping commentary citing Sifrei 144 and Sanhedrin 32b on the 3rd posuk of our parsha notes on: “Tzedek, Tzedek tierdof…”:

“Shall you pursue” rather than “shall you judge” indicates that the verse is addressed to litigants, rather than the judges. Although they [litigants] may take their case to any competent court, they should make an effort to take it to a court which has the most learned and righteous judges. (Sefer Zikaron, Mesiach Ilmim, Gur Aryeh)

This righteousness extends as well to the litigants regarding their selection of Batei Dinim to adjudicate their case — that the Beit Din should be chosen based the scholarship and righteousness of the judges, not based on which Beit Din is known, or more apt to rule in favor of one or the other of the litigants.

The pursuit of justice opening our parsha leads into Torah’s enunciations in numerous other areas; i.e. prohibitions against blemished offerings, robbery and extortion, as well as avodah zora. Torah also relates that any Kohen (expressed as “Levite”) could come and minister together with the Kohanim of a particular watch and share in the division of that watch’s prescribed communal offerings.

Our parsha also enunciates laws concerning criteria for when, and qualifications for appointment of a king, a head of state for Am Yisrael — the paradigm for justice, loyalty to Hashem and Torah, as well as for national unity.

Rabbi Shimshon Rafael Hirsch z”l, in the new Hirsch Chumash (English translation by Daniel Haberman) renders our parsha regarding Malchei Yisrael (kingship) (The new Hirsch Chumash on Sefer Devarim, Perek 16, posukim 14-15. pages 394-401):

“When you come to the land that Hashem… is giving you, and you have taken possession of it and will dwell in it, you will say: I will set a king over me, like all the nations… you will then set a king over yourself whom Hashem… will chose. From the midst of your brethren shall you set a king over yourself; you cannot set over yourself a foreigner who is not your brother.” (Sefer Devarim, Perek 16, posukim 14-15)

R’ Hirsch comments (R’ Hirsch commentary in the new Hirsch Chumash on Sefer Devarim, Perek 16, posukim 14-15. pages 394-401) on — “When you come to the land that Hashem… is giving you, and you have taken possession of it and will dwell in it”:

…These words… state unequivocably at the very outset that it is not the role of Melech Yisrael to conquer the land and secure Israel’s possession of it; it is not his role to build up power to be used externally. For it is Hashem Who gives the Land to Israel, and with Hashem’s help Israel will conquer the land and dwell safely under His protection…. For these purposes Israel does not need a king: all Israel needs to do — so that Hashem’s promises may be fulfilled — is to be “Israel”; to prove that it is indeed the people loyal to Hashem’s Torah: to win a moral victory over itself from within so as to be sure of victory also against all enemies from without.

…This need [kingship] can arise for only one reason: … to assure the sole factor on which Hashem’s protection and blessing depend; … the nation be “Israel”, the people loyal to Hashem’s Torah.

You, too, [Israel] will feel the need for national unity in order to obtain the greatest good for yourself… for this purpose, you, too, will seek to establish national unity by means of subordination to one head of state. But… your head of state will… stand out… first among all Jews loyal to Torah…

Imbued with the spirit of your [referring to Am Yisrael] mission, he will seek to win over all hearts and minds to this spirit, in thought, word and deed. With the power of his word, his personal example, and his personal prestige, he will combat anything that will violate this spirit. You are to place all of your resources at his command, so that he may fight for and defend your national mission internally.

Thus Hashem has granted Am Yisrael exclusive possession of, monarchy in and sovereignty over Eretz Yisrael provided that we remain loyal to Hashem, Torah and our mission — unity and loyalty to Hashem’s Torah.

Rav Hirsch then makes this jaw-dropping observation, perhaps a prophesy about our times:

Indeed, this is the true vocation of the king in Israel, for… the nation was faced with a threat; the alienation of its individual segments from their one common moral task as a nation. The appointment of a king is meant to combat this danger. (ibid., R’ Hirsch commentary)

R’ Hirsch seems to have outlined the paradigm L’Chatchila (the way things oughta be) mission of Malchei Yisrael, as mentioned above,which seems to be maintenance of a national spirit of unity and loyalty to Hashem and Torah. This author’s understanding of a king’s mandate is the pursuit of Torah righteousness toward all segments of Am Yisrael in all aspects of national life, rather than creating a divisive nation, an Am divided and conquered by equivocating, vacillating anti-Torah politicians who lack, or have lost a handle on the spiritual ability to truly know why they are here and why a modern-day Israel exists.

When considering our present situation today where our “possession” of and “dwelling” in Eretz Yisrael is incomplete, consider again the consequences of not possessing the entirety of Eretz Yisrael as expressed in Sefer Bamidbar:

“When you cross the Jordan to the land of Canaan, you shall drive out all of the inhabitants of the Land before you; and you shall destroy all their prostration stones; all of their molten images…. You shall possess the Land as an inheritance by lot to your families…. But if you do not drive out the inhabitants of the Land before you, those of them whom you leave shall be pins in your eyes and thorns in your sides, and they will harass you upon the Land in which you dwell. And it shall be that what had meant to do to them, I shall do to you.” (Artscroll Stone Chumash, Sefer BaMidbar, Perek 33, p’sukim 51-56, pages 922-923)

It seems evident that we have a long way to go, both as individuals within the Am and those who are our political governing leadership, in achieving the criteria of Hashem’s mission. This may not be put in the most correct or optimal terms or language, but its not just about larning Torah, its about the application of Halachot, and the principles behind and which guide Halachot, such as righteousness in individual interpersonal relationships regardless of respective sectors, righteousness in litigation and it’s judgements, and righteous governance which displays, as the comments of R’ Hirsch cited above, by “personal example, personal prestige” — the criteria for the fulfillment of the mission which Hashem gave to B’nei Yisrael.

The second part of Perek 16, posuk 15 of our Parshat delivers an important message to be heeded in today’s Israel:

“You cannot set over yourself a foreigner who is not your brother.”

Of course, the B’nai Yisrael cannot set over itself any type of foreigner. But, by extension, any foreigner, any non-Jew ought not, cannot wield governing power, be it executive, legislative, judicial or de-facto over a true Jewish sovereignty. For WE ARE a Jewish sovereignty, a Jewish nation and not under the dominion of any foreign entity — not the Obamanator, ba’al kerry or any other foreign personage or entity. Torah tells that those foreigners willing to live in israel — under a Jewish sovereignty are welcome provided they live by and obey the rules of a Jewish sovereignty. But they ought not, cannot have legislative governmental power over Am Yisrael.

May we, the B’nai Yisrael be zocha that our brethren — the refugee families from Gush Katif be permanently settled and be made totally whole — be totally restituted for all that was stolen from them at leftist-agendized, supreme court legalized gunpoint, that our dear brethren Jonathan Pollard and Sholom Rubashkin, as well as the MIAs and the remains of the two Chayalim from last summer’s Gaza war be liberated alive and returned to us in ways befitting Al Kiddush Hashem. May we have the courage and strength to stand up and physically prevent the possibility of Chas V’Challila any future eviction of Jews from their homes and the handing of any piece of Jewish land over to anyone, let alone to enemies sworn to Israel’s and Judaism’s destruction and eradication. May we fulfill Hashem’s blueprint of B’nai Yisrael as a Unique people — an Am Segula, not to be reckoned with as with “the nations” and may we be zocha to see the Moshiach, the Ge’ula Shlaima, as Dov Shurin sings; “Ki Karov Yom Hashem V’Kol HaGoyim”, the Ultimate Redemption, bimhayrah b’yamainu — speedily, in our time”, — Achshav, Chik Chuk, Miyad, Etmol!!!

Good Shabbos!

Moshe Burt is an Oleh, writer and commentator on news and events in Eretz Yisrael. He is the founder and director of The Sefer Torah Recycling Network and lives in Ramat Beit Shemesh.

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