Shalom Friends;
This week, our Parshat HaShavua — Parshat Mishpatim is being sponsored by Baruch and Yaffa Swinkin of Ramat Beit Shemesh dedicated Lilui Nishmas for Baruch’s grandfather Micha’el ben Yaakov, for the safety of the Chayalim, as well as for the good health and security of kol Am Yisrael. To the Swinkin family, many thanks for your sponsorship and continued kindnesses.
You can celebrate a Simcha — a birth, a Bar/Bat Mitzvah, a Chassuna or other Simcha event in your life, or commemorate a Yahrtzeit of a loved one, or for whatever other reason by sponsoring a Parshat HaShavua.
Please forward to your relatives and friends and encourage them to sponsor a Parshat HaShavua. And please be in contact with me with any questions, or for further details.
Best Regards,
Moshe Burt
olehchadash@yahoo.com
Subscribe to the Israel and the Sin of Expulsion blog, to ask questions or to sponsor a Parsha Vort at: olehchadash@yahoo.com
Moshe is available for editing of English language documents, articles, manuscripts and more. Please be in contact with him at olehchadash@yahoo.com for your English language needs.
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Torah states:
“Distant yourself from a false word; do not kill one who is innocent or one who is righteous, for I shall not exonerate a wicked person. You shall not take a bribe, for the bribe will blind those who can see and make righteous words crooked.” [Sefer Shemos, Perek 23, posukim 7 – 8 rendered to English in “The Sapirstein Edition, “The Torah: With Rashi’s Commentary”]
The Artscroll Stone Edition Chumash provides a commentary on Sefer Shemos, Perek 23, posuk 7, (page 435) :
“Distant yourself”: Regarding no other transgression does the Torah say that one should distance himself. So much does Hashem abhor [verb – used with object: to regard with extreme repugnance or aversion; detest utterly; loathe; abominate] falsehood that we are commanded to stay far away from even an appearance of a lie. [Artscroll Stone Chumash citing R’ Bunam of P’shis’cha]
“One who is innocent or one who is righteous”: The words are not synonymous. The Talmud [Artscroll Stone Chumash citing Sanhedrin 33b] refers this verse to people who have been charged with a sin that would have incurred the death penalty. The innocent person is the one who was found guilty, but then someone claimed to have new evidence or a legal argument that would acquit him. Although the court had decided that he is not righteous, he may turn out to be innocent. The righteous person is someone who was acquitted, but then new evidence of guilt came to light. Once he was found not guilty, the case may not be reopened. The Torah says “do not execute!” However, lest one complain in the latter case that the guilty one is going free, the verse assures us that the ultimate Dispenser of justice is Hashem, who will punish those who deserve it: “for I will not exonerate the wicked.” [Artscroll Stone Chumash citing Rashi]
Ibn Ezra comments that even if a judge knows that this defendant is wicked and worthy of death because of other things that he had done, it is forbidden to rid society of a menace by finding him guilty of a crime that he did not commit. The judge should rely on Hashem’s pledge that if this criminal should die, He will not exonerate him.
Rabbi Shmuel Goldin provides further context and commentary regarding Truth and Judiciary in his sefer “Unlocking the Torah Text” on Sefer Shemot (pages 192 – 197) :
The Torah issues two general directives concerning the avoidance of falsehood. Here in Parshat Mishpatim, the text states, “Distance yourself from a false matter [or: a false word].” (Rabbi Goldin rendering to English Sefer Shemot, Perek 23, posuk 7]
In Parshat Kedoshim in Sefer Vayikra, on the other hand, the Torah simply proclaims, “And you shall not deal falsely with one another.” [Rabbi Goldin rendering to English Sefer Vayikra, Perek 19, posuk 11]
According to Rabbinic interpretation, the Torah’s issuance of two separate commandments concerning the avoidance of falsehood… [relates to] different settings and circumstances [which] demand different approaches to our relationship to the “truth.”
Based on textual context, the Talmud indicates that the commandment in Parshat Mishpatim, “Distance yourself from a false matter,” [Rabbi Goldin rendering to English Sefer Shemos, Perek 23, posuk 7] focuses primarily on matters of jurisprudence…. More importantly, the other half of the sentence [is] clearly directed toward those involved in courtroom proceedings.
From a Halachic perspective, settlement and compromise are possible, even desirable, before the wheels of justice have turned. In the determination of the law, truth — and only truth — becomes our goal. [Rabbi Goldin citing Talmud Bavli Sanhedrin 6b; Rambam, Mishneh Torah, Hilchot Sanhedrin 22:4]
So great, …is the need for truth in judgement, say the Rabbis, that any possibility of seeming or potential impropriety must be avoided at all costs. The Torah thus states, “Distance yourself from a false matter.” Avoid any act in the process of jurisprudence which might lead to or give the appearance of falsehood.
Reflecting their concern for truth in judgement, the Talmudic Sages derive a… list of practical directives from this Torah passage, including the following examples [which relate to this Parshat HaShavua]:
1/ A judge who has begun to doubt his conclusions should not continue to defend them simply because he is embarrassed to admit his error. [Rabbi Goldin citing Talmud Bavli Shavuot 30b; Rashi, ibid]
2/ A judge and a witness who are convinced of an individual’s guilt should not conspire to convict that individual without due process. [Rabbi Goldin citing Talmud Bavli Shavuot 30b]
3/ A judge who suspects that witnesses in a specific case are lying but cannot prove his suspicions should recuse himself from the case. [Rabbi Goldin citing ibid; Rambam, Mishneh Torah, Hilchot Sanhedrin 24:3]
4/ A court should not hear the testimony of a litigant outside the presence of his adversary. [Rabbi Goldin citing Talmud Bavli Shavuot 31a]
These and other Rabbinic injunctions underscore Halacha’s deep commitment to the integrity of the judicial process. The legal system is too precious to be endangered through artificial maneuvering, no matter what the reason or rationale. Under any and all circumstances, in and surrounding the courtroom, we must “distance [ourselves] from a false matter.”
Clearly, the world outside the halls of justice is not painted in black and white, but in shades of grey. Conflicting needs and concerns must be factored into every human interaction, with an eye towards the true purpose and ultimate effect of word and deed. While a step off the path of truth should never be taken lightly, there are times when that step must, nevertheless, be taken.
In his codification of the law, the Rambam records that it is a Mitzva to encourage compromise upon the litigants’ initial approach to the court.
Such compromise, he continues, is desirable up until the point that a verdict has been announced. Once that verdict is proclaimed…, settlement is no longer possible. The truth of “judgement” must then rule the day. [Rabbi Goldin citing Rambam, Mishneh Torah, Hilchot Sanhedrin 22:4]
The above Torah text, commentaries and citings seemingly relate to cases regarding individual innocence or guilt, as well as judicial righteousness of verdict in such cases, and when or whether a judge or judges should recuse themselves due to possible distorted judgement based on error, falsehood, insufficient hearing of both sides to a litigation, unfair partiality toward one or the other of the litigants, or prejudicial bias based on ideological or agenda grounds.
It seems to this author that the commentaries and Halachic citings above extend to truth and righteousness of legal decisions relating to issues of importance today on Israel’s national level, such as the methodology of how judgeships are appointed, from appointments to Israel’s local civil and criminal courts through to appointment of Supreme Court Justices.
It seems that In Israel there is an ideological judicial bias = an ideological agendization among judges appointed, not as representative of Am Yisrael, but by Israel’s legal fraternity, seemingly made up of mostly the Israeli leftists. They seem to view themselves as a self-styled “sanhedrin” and as “righteous” judges, but whose judgements are based on their own distorted secular perceptions, of plans which serve to brainwash the population, segments of the public who fall prey to such brainwashing or dumbing down, and to radicalize as “racist (sic)” those who seek sovereignty in Yehudah, the Shomron, the Jordan Valley and who possess the Land of Israel as our Divine legacy.
These so-called judges foil government actions, governmental appointments not to their distorted leftist liking and nix firings, such as calls for the current attorney general’s dismissal or realignment of the position of attorney general and attempts at Judicial Reform which would bring about appointment, by governing coalition, of judges at all levels, including Supreme Court Justices.
That these judges and Supreme Court Justices seem, by their actions lacking in judicial righteousness, to constitute a Judicial Dictatorship, validates how very far we are from achievement of the paradigm envisioned by Yithro in his advice and counsel to Moshe Rabbeinu.
May our government and military bring about the total and complete, Final and Decisive victory over Hamas, their 7 October so-called “civilians(sic)” collaborators and the entire terror cabal, B’Yad Hashem, and become Totally self-sufficient as to manufacture of military equipment and aircraft, weaponry, munitions — heavy munitions, as well as showing independence of actions responding to any threat, regardless of so-called “super powers.”
May we see, from here on, that border guard personnel at all points of possible danger are listened to and treated with respect and dignity. May we see our Chayalim totally eradicate Hamas, Islamic Jihad, those so-called “civilians(sic)” who collaborated on 7 October, as well as Hezbollah, the Houthies, the Mullahs of Iran and all their terror accomplices B’Yad Hashem and mandated by a government secure in it’s foremost service of, and emunah in HaKadosh Borchu, B’Ezrat Hashem! And may we see the restoration of true unity within Am Yisrael. May these words come to fruition B’Esrat Hashem.
May we, the B’nei Yisrael be zocha that our brethren — the refugee families from Gush Katif be permanently re-settled in Gush Katif, once the IDF, by the Yad Hashem, destructs and eradicates the wild beasts of Hamas, Islamic Jihad, Hezbollah, all other terror entities, and if necessary Iran, and that our brethren be made totally whole — be totally restituted for all that was stolen from them, that the thrice expelled families of Amona be restored to their rebuilt homes and the oft-destroyed Yeshiva buildings in Homesh be rebuilt, as well as the buildings of Yishuv Elchanan, all at total government expense. May our Chayalim return from battle unharmed — physically, mentally and spiritually and may all of the remaining hostages brutally taken by the wild beasts of Hamas be liberated and brought home to their families. Baruch Hashem that our dear brother Jonathan Pollard is now in his sixth year at home in Eretz Yisrael and continues in a new chapter in his life. May Esther Yocheved bat Yechiel Avraham have an aliyah in Shemayim and may her spirit and memory continue to lift Jonathan to at least 120 years. May the MIAs be liberated alive and returned to us in ways befitting Al Kiddush Hashem — as with the return in April, 2019, via Russia, of the remains of Zachariah Baumel, the recent recovery of the remains of Tzvi Feldman as well as the recoveries of the remains of Oron Shaul and Hadar Goldin from the Gaza War of ten years ago. 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 prevent Chas V’Challila the handing 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’nei 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 Al’Kol HaGoyim”, the Ultimate Redemption, bimhayrah b’yamainu — speedily, in our time”, — Achshav, Chik Chuk, Miyad, Etmol!!!
Good Shabbos and Chodesh Tov!
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Moshe Burt, an Oleh, is a commentator on news and events in Israel and Founder and Director of The Sefer Torah Recycling Network. He lives in Ramat Beit Shemesh.
Moshe is available for editing of English language documents, articles, manuscripts and more. Please be in contact with him at olehchadash@yahoo.com for your English language needs.
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