“"The signature of G-d is truth" (Shabbat 55a). Our Torah, which serves as a description of G-d, is the method for implementation of truth in a world full of falsehood. We all know, and unfortunately see, that the first casualty of war is truth. Thus modern warfare is fought not only on the battlefield, where Israel excels, but in the media as well; here, Israel has a very tough battle. Perhaps the Jewish emphasis on truth does not allow us to fully win the public relations war, a war based on spin and falsehood. Our Sages summed up their view on the lack of truth by referring to this world as an olam sheker a world of falsehood. It is our job to try to bring as much emet, truth, as possible to such a world.
Moshe Rabbeinu, despite being denied the privilege of entering the land of Israel, spends the last weeks of his life preparing his beloved people to enter the Land. He warns them not to repeat the mistakes of the past, nor to follow the idolatrous ways of those currently residing in the land. He inspires them with a vision for the future and instructs them in the setting up of a Torah society, reviewing their short history and much of their legal and moral code.
The first item on Moshe's agenda is to exhort the nation regarding the critical importance of justice. "I then gave your judges instructions; Listen to every dispute among your brethren and judge honestly between each man and his brother and the stranger that is with him. You shall not respect persons in judgment. Listen to the great and small alike and do not fear any man since judgment belongs to G-d" (Devarim 1:16-17).
We must never confuse justice with mercy. Mercy has no place in a courtroom. A judge seeing the suffering of a poor starving person may under no circumstances rule in favor of such a person on that basis. Mercy may only come after, or better yet, before, justice is served. The role of the judge is to administer justice, and nothing may get in the way. It it the role of society to temper justice with mercy. A judge must be fearless when it comes to man– unafraid of kings queens, presidents and prime ministers - channeling all his awe to G-d.
The appointment of judges was originally done at the behest of Moshe's father in law Yitro and serves as the preamble to Divine revelation at Sinai. Having a functioning judicial system is the pre-requisite to receiving the Torah. It is also the pre-requisite to settling the Land of Israel. Without justice there can be no functioning society. Neglect justice and we lose our right to the Land.
“Seek justice, relieve the oppressed, judge the fatherless, plead for the widow...How is the faithful city become a harlot! She that was full of justice, righteousness lodged in her, but now murderers”, Yishayahu warns us, in the Haftarah we will read this Shabbat.
Lack of justice is the cause of exile, but implementing justice will bring us back to the Land. “I will restore thy judges as at the first, And thy counsellors as at the beginning; Afterward thou shalt be called The city of righteousness, The faithful city. Zion shall be redeemed with justice, and they that return of her with righteousness” (Yishayahu 1:26-27).
“Tzedek, tzededk tirdof, justice justice you shall pursue” (Devarim 16:20). Along with peace – “bakesh shalom vradfeihu,,seek peace and pursue it” (Tehillim 33:15) - it the only mitzva we must chase. While the role of the judiciary includes interpretation of law and issuing new enactments, the Torah's description of proper justice focuses primarily on the settling of monetary disputes. With money being at the root of most personal disputes, it is no wonder that approximately 120 of the mitzvoth of the Torah - more than any other area of law - relate to monetary issues. The difficulty of actually implementing such a system is borne out by Rashi's comment (Devarim 1:12) that of the seven characteristics necessary for a judge, Moshe could find people meeting only three of the criterion.
That the Talmud argues (Yoma 9b) that it was sina’at chinam, baseless hatred and internal discord that led to the destruction of the Temple is well-known. Less known is the tweak of this claim found in the Jerusalem Talmud (Yoma 1:20). The Sages of the Land of Israel noted the Temple was destroyed because “they loved money and hated one another sina'at china'am”. Love of money can lead to terrible things.
One who loves money will go to court to fight for any amount. It’s not the money they might argue, it’s the principle of the matter. But those who love people more than money will often forego their legal rights to preserve peace[1]. They will act lifnim mishurat hadin. While this is often translated as “beyond the letter of the law”, it literally translates as “before the straightness of the law”. The law is the law is the law. There can be no exceptions. But at times it’s much more important to solve problems, lifnei, before we need the “straightness” of the law in court. Give up a little and gain a lot. Is it any wonder Rav Yochanan taught (Bava Metzia 30b) that Jerusalem was destroyed because the people insisted on following the laws of the Torah, but did not act lifnim meshurat hadin?
[1] There are limits to lifnim meshurat hadin and at times one should pursue legal recourse if necessary. Knowing when those times are can make all the difference. |