שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר יְהֹוָ֧ה אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃
You shall appoint magistrates and officials for your tribes, in all the settlements that your God יהוה is giving you, and they shall govern the people with due justice.
לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט לֹ֥א תַכִּ֖יר פָּנִ֑ים וְלֹא־תִקַּ֣ח שֹׁ֔חַד כִּ֣י הַשֹּׁ֗חַד יְעַוֵּר֙ עֵינֵ֣י חֲכָמִ֔ים וִֽיסַלֵּ֖ף דִּבְרֵ֥י צַדִּיקִֽם׃
You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.
צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף לְמַ֤עַן תִּֽחְיֶה֙ וְיָרַשְׁתָּ֣ אֶת־הָאָ֔רֶץ אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ׃ {ס}
Justice, justice shall you pursue, that you may thrive and occupy the land that your God יהוה is giving you.
We are told to appoint “magistrates and officials” or as other translations say, “Judges and officers shall you give yourselves, in all of your gates which Gd has given you, for your tribes, and they shall judge the people with right justice.”
“For your tribes” That means all of us, not just those with power, or money, or for most of recorded history, men.
Telling us to appoint judges and officers puts the burden on us; we have to appoint people who will dispense justice fairly, without prejudice. How do we do this? We use our own svara – moral intuition – and speak out when justice is not being served.
We are obliged, called upon – aleinu – it is upon us- to ensure that justice is being done.
It’s in the Amida: “Let righteous judges sit among Your people, and counsellors of peace throughout the world. Then You alone will reign over us in love and compassion. We praise You, Sovereign Gd: You love righteousness and justice.
ברוך אתה יי,מלך אוהב צדקה ומשפט
In Torah Queeries, Rabbi Julia Watts Belser writes:
“Judges and officers shall you give yourselves, in all your tribes. Turn it again, and the verse unfolds with a slightly different twist: we shall give ourselves as judges and officers. We queer Jews have an obligation to make ourselves into true judges and righteous officers, so that justice becomes a force that rises up within us. The responsibility of discerning judgment and right justice is not only an external expectation but an internal yearning. To meet that yearning, we kindle the discerning judge within us and strengthen our own righteous officer. We fashion ourselves into judges we can trust, into officers on whom we can rely. To do so, we seek out our own moral wisdom and ethical discernment, bridging the hard-won lessons and celebrations of our own lives with the insights and spiritual resources of the rest of the Jewish community.”
Rabbi Eleazar’s Cow
Shabbat 54b tells us of Rabbi Eleazar’s cow; he allowed it to go out on shabbat with a strap around its’ horns, violating the prohibition of working on shabbat. But it wasn’t actually his cow, it was belonged to his neighbour, but Rabbi Eleazar failed to speak up, he failed to protest. We know other stories about the great Rabbi Eleazar – he replaced Rabban Gamliel and opened the Beit Midrash to all who wanted to learn; they had to bring in 400 – some say 700 – benches for all the people eager for Torah, but it’s the cow working on shabbat that’s attached to his name.
The Bavli continues:
“Anyone who has the capability to protest the conduct of the members of their household but does not protest, they too are culpable.
Anyone who has the capability to protest the conduct of the people of their town but does not protest, they too are culpable.
Anyone who has the capability to protest the conduct of the whole world but does not protest, they too are culpable.” (Shabbat 54b).
What do we want to be remembered for?
To make a whole kehillah, a complete community, requires all of us to step up and share our learning and our wisdom so that all of us can all be free. We have an obligation to learn, and to do, to be just, to speak up, to use our svara, and to pursue justice. Ken y’he ratzon.
Shabbat shalom.
Lior
Sculpture ‘Ahava’ (love) at Israel Museum, photo taken by Lior in 2024