Dear Friends;
This year’s Parshiyot Shoftim vort is being sponsored by Dr. Ari and Judy Mosenkis of Ramat Beit Shemesh dedicated in honor of the Shoftim being Ari’s Bar Mitzvah Parsha and for the safety of the Chayalim, as well as for the good health and security of kol Am Yisrael. To the Mosenkis family, many thanks for your sponsorship and for your 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
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Our Parshat Shoftim opens with this Torah requirement:
“Judges and officers shall you appoint in all your cities — which Hashem, your G’d [Keilokecha], gives you — for your tribes [Sh’vatim], and they shall judge the people with righteous judgement. You shall not pervert judgement, you shall not respect someone’s presence, and you shall not accept a bribe, for the bribe will blind the eyes of the wise and make just words crooked.” [Sefer Devarim, Perek 16, posukim 18 – 19 rendered to English in the Artscroll Stone Edition Chumash]
The Artscroll Stone Chumash comments on posukim 18 – 19 (pages 1024 – 1025) :
Previously, in Sefer Shemos, Torah implied that there had to be standing courts to resolve disputes. Here, the Torah gives the formal demand that such courts be established in every city in Eretz Yisrael, with a Sanhedrin, or high court, for each tribe. In addition to judges, the Torah requires the appointment of officers of the court who would have responsibility to enforce the decisions of the judges and would circulate in the markets and the streets to enforce standards of honesty and summon violators to the court for adjudication. [The Artscroll Stone Chumash citing Rambam, Hilchot Sanhedrin, Ramban]
Most of the Parsha deals with commandments directed to the leaders of the nation because their conduct has a powerful influence on the rest of the people, for good or bad [The Artscroll Stone Chumash citing Sforno].
Posuk 18: “They shall judge… with righteous judgement” Judges must be qualified and righteous so that they will judge honestly and correctly. [The Artscroll Stone Chumash citing Rashi] If a community has a hand in appointing unqualified judges, Hashem holds them all responsible for the resultant perversions of justice. [The Artscroll Stone Chumash citing Or HaChaim]
Posuk 19: “You shall not respect someone’s presence.” The court must treat everyone equally. If a judge shows more respect to one litigant, the other feels at a disadvantage. [The Artscroll Stone Chumash citing Rashi]
Posuk 19: “Bribe.” Even if a judge accepts a bribe without obligation, it is impossible for the judge not to be swayed. His wisdom will be blinded and his attempts to speak justly will be perverted. [The Artscroll Stone Chumash citing Rashi]
The third posuk of our parsha reads:
“Tzedek, Tzedek tierdof…”Righteousness, righteousness [also rendered Justice, Justice] shall you pursue, so that you may live and possess the land that Hashem, Keilokecha, gives you.” [Sefer Devarim, Perek 16, posuk 20 rendered to English in the Artscroll Stone Chumash]
The Artscroll Stone Edition Chumash comments on Perek 16, posuk 20:
”Righteousness, righteousness you shall pursue.” …R’ Bunam of P’shis’cha interpreted: One should pursue righteousness [only through] righteousness. It is not enough to seek righteousness; it must be done through honest means; the Torah does not condone the pursuit of a Holy end through improper means.
“So that you will live.” The implication is that the judge who perverts justice will die. (Artscroll Stone Chumash referring to Sanhedrin 7a) Maharal explains that Hashem is very harsh with a judge who knowingly tampers with justice because to deprive someone of his money unjustly can be a matter of life and death, for his life can depend on his livelihood.
As this author understands, it would seem that a Torah standard of righteousness in judgement must not be prejudiced by bribes, gifts, appearance of, or financial position of either litigant or, in our times, political ideology or agenda.
But let’s return to our Parsha’s opening posuk:
“Judges and Officers shall you appoint in all of your cities — which Hashem… gives you — for your tribes…” (Translation rendered by The Artscroll Stone Chumash, Sefer Devarim, Perek 16, posuk 18)
What about those “officers of the court”?
The Sapirstein Edition Chumash Sefer Devarim “The Torah: With Rashi’s Commentary (page 182) renders Rashi:
“Officers” who impose authority over the people following the order of [the Judges]; with stick and with strap…
[The commentary cites] Tanchuma 2: Having stated that the officers are not the judges themselves, Rashi explains why Moshe mentions them in this passage which deals with the appointment of judges. It is because they act as agents of the judges.
In short, these explanations indicate that righteousness of judgement applies to police, law enforcement, as well as to judges. And the paradigm posuk of our Parshat: “Tzedek, Tzedek tierdof (Justice, Justice) shall you pursue” would seem to apply to law enforcement to at least the same extent as to Judges and Judicary.
Rabbi Shmuel Goldin cites, from his summary of Parshat Shoftim, Moshe’s speech relating to Rabbinic authority as “seminal” in his sefer “Unlocking The Torah Text,” Sefer Devarim (page 167):
Moshe…. commands the nation to consult with the leaders of their day across the generations when facing situations of uncertainty. “You shall not deviate,” he insists, “from the word that they tell you, right or left.” (Sefer Devarim, Perek 17, posuk 11)
Bearing the above in mind, Aharon Yaakov Greenberg, in his Sefer “Torah Gems” provides a jaw-dropping commentary citing Derashot El Ami: “Tzedek, Tzedek tierdof…”:
“Justice alone is not enough, because there are many types of justice, just as there are many kinds of truth. Every regime has it’s own justice. The Torah therefore stresses ‘Justice, justice you shall pursue…’, namely the justice of justice, where both the means and the end are just.” [Torah Gems, Aharon Yaakov Greenberg, Volume 3, Parsha Shoftim page 257]
Doesn’t that phrase “Every regime has it’s own justice” characterize an Israeli media, ministerial, law enforcement, and judiciary in lock-step and doesn’t even begin to scratch the surface regarding the “justice (sic)” of the current and successive governments of Medinat Yisrael?
R’ Goldin, in his sefer “Unlocking The Torah Text,” discusses two phrases in Torah regarding “justice” and judgement (Sefer Devarim, page 171):
While the scholars of the Talmud do not derive an independent mitzvah from the words “Tzedek, Tzedek tierdof,” they do view this phrase as potentially broadening Torah’s demand for justice…
In Sefer Vayikra, the Torah commands, “with justice shall you judge your fellow” (Sefer Vayikra Perek 19, posuk 15), while the text in Sefer Devarim demands, “Justice, Justice shall you pursue…” (Sefer Devarim, Perek 16, posuk 20) Perceiving seemingly contrasting requirements emerging from these verses, the Rabbis ask: In which cases does “judging with justice” suffice? And in which cases must we “pursue justice, justice” with extra vigor?
Answering their own question, the scholars explain that through the use of these variations, the text challenges judges to follow their own instincts. In straightforward situations, where the facts match the judges’ internal perceptions, “judging with justice” will suffice. When the judges suspect deceit, however, they must dig deeper,moving past the apparent facts before them, as they “pursue justice” with further force. A judge cannot fulfill his task in a pro forma fashion. He must always invest his full capacities as Hashem’s agent in the administration of the law.
In successive generations of governance in contemporary Medinat Yisrael, it would seem that suspected deceit, as discussed by both R’ Goldin, as well as in the citing from “Torah Gems “, could extend beyond individual parties and witnesses to a litigation, to the very Shotrim (Officers) themselves. Witness cases of secular law vs Torah law, for instance; the settling of areas of Eretz Yisrael or military protocol, regarding dealing with murderous terrorists, i.e. when and for whom it is permitted to fire on and/or kill terrorists or suspected terrorists. Such situations would seem to extend beyond the Shotrim to the Shoftim — the Judges. Unfortunately secular judges, lacking knowledge of Torah standards of justice with righteousness, are appointed to their judicial positions by outside legal organizations not representative of, or accountable to either the members of Knesset parties which make up both a governing coalition and parties opposed to the coalition, or directly responsible to the voting governed.
The socialist, leftist agendized elites have their tentacles in every Israeli governmental, educational, media and economic institution — Top, bottom, inside out and round and round. So, in the current state of Israeli governance and “justice”, both the “officers” and “judges” seemingly indoctrinate, brainwash and intimidate against both Torah and the spirit of Jewish justice, as with the inequality of enforcement, apprehension and judging alleged violations of Israel’s current military draft laws.
As such, a politically agendized Judicial State has impacted judgement in cases regarding specific terror attacks throughout Israel, as well as military conduct of war, as we have seen in the War of Simchat Torah. Notably we’ve heard of non-activated reservists who saw as their duty to run, from various parts of Israel, to the border with Gaza upon hearing of war in order to save lives of citizens in the southern border towns. That these brave men picked up weapons from bodies of soldiers who were killed by the terrorist animals who seemingly overwhelmed them at the outset of conflict and went on to fight and kill Hamas terrorists, these men have now been incarcerated for “illegally” killing terrorists when they should, by all that’s right, be celebrated for their heroism.
Have we allowed the “law” to evolve into being the “law” by agenda (read leftist agenda) only, with those indoctrinated and agendized toward the socialist, leftist line — “a state of all its people”, etc. being basically above the “law”? Have we allowed the “law” and biased law enforcement to persecute those who cleave to Torah and to Eretz Yisrael?
Hmm, a regime controlled by agendized elitists who dominate the ministerial bureaucracies, the universities, the print and electronic media and judiciary…. and whose socialist, leftist agendized elite — Israel’s swamp — have their tentacles in every Israeli governmental, educational, media and economic institution? Isn’t it about time that all Torah Jews, be they Religious Zionist, levels of Kipa S’ruga, Yeshivish, CharDal and Hareidi got themselves unified, on the same page and took back Israel?
Can it be that the subverted or seduced city (Ir HaNidachas), which serves as the basis for the final Mishne of Perek Cheilik of Gemora Tractate Sanhedrin, relates to successive regimes and has a direct connection to the absence of “Tzedek, Tzedek tierdof…,” i.e. That there appears to be connection between judicial subversion of the governed and the application of judgement and law enforcement based on subverted, agendized law, rather than Torah law?
“Righteousness, righteousness you shall pursue that you may live and inherit the land.”
Rabbi Goldin writes in his sefer, “Unlocking The Torah Text,” Sefer Devarim (page 175) regarding “Tzedek, Tzedek tierdof…” that Moshe addresses potential litigants words that this author sees as extending to judiciary:
“Tzedek, Tzedek tierdof…,” “seek out an exemplary court.” (Rabbi Goldin citing Talmud Bavli Sanhedrin 32b) . Do not twist the process of jurisprudence to meet your own personal ends [MB which could extend to a judge’s political agenda]…. There is more at stake here than your own personal concerns. Pursue justice; seek out an unbiased, exemplary court. …You play a pivotal role in maintaining the seriousness with which the law is taken and ensuring the proper administration of justice throughout the land.
The bottom-line; An honest, morally clean, straight-forward, self-respecting Jewish government and legal system would not maneuver and agendize itself into being controlled by the nations, or by those who subvert from within. Instead, Israel’s often corrupt and immoral leaders, officers and judiciary subject and subordinate themselves and the nation to the follies of their own subversion and that of others at our collective, dire physical and spiritual peril. Thus, while the penalties of the subverted city may not apply, it seems obvious that in faith-based governance, charges of treason against an agendized swamp of subversion may.
May it be that our leadership — governing, judicial and IDF high command echelons, as well as kol Am Yisrael come to achieve a faithfulness and consistency in our avodah — both V’Ahavtah L’Arecha Kamocha, as One, and in our Service of Hashem, B’Ezrat Hashem
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, Iran 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, with Operation Roaring Lions — the joint action by our Chayalim and the United States against the Mullahs of what has been the Islamic Caliphate dictatorship controlling Iran, that Islam and its barbarous terrorist tentacles of Hamas, Islamic Jihad, Hezbollah, as well as Qatar, Turkey, the Houthies of Yemen, Pakistan, Iraq, Afganistan, possibly Egypt, and all who seek war against the Jews be totally eradicated, both in Israel’s neighborhood, as well as internationally, B’Ezrat Hashem. May we see a government of Israel 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’Ezrat 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!!!
Chodesh Tov and Good Shabbos!
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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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