Leave it to Heaven: Shofetim 5785

Though Rabbi Wein ztz'l may no longer be with us, we continue to benefit from his words of wisdom. All the divrei Torah that we post between now and Simchat Torah were sent to us for publication by the Destiny Foundation before he died. We are grateful for the opportunity to reproduce them here.

Everyone favors equality and justice, and the goal of all democratic societies is to have, as far as humanly possible, a fair and incorruptible judicial system. But judges are only human—no matter how knowledgeable and altruistic they may be—which is why the perfect judicial system has yet to be achieved. 

To sustain a viable society, we are bidden to obey the decisions of the court. As the Talmud points out, "even if they proclaim to you that left is right and right is left, you have to listen to them”. Judicial error is a fact of life in a world where we know that left is never right and right is never left. So, how are judicial errors ever to be corrected? 

The answer usually comes with the passage of time and with the application of common sense to the realities of life. There is a famous saying that “what wisdom cannot accomplish, time will." Heaven, so to speak, takes a hand over time in adjusting erroneous judicial decisions and somehow making things come out right in the end. 

The Torah emphasizes that, even though judicial error is possible if not even probable, we must follow the decisions of our judges if anarchy is not to reign and society to dissolve. Judicial decisions may be analyzed and even disagreed with, but we must respect our judges and comply with their judgments, ultimate justice being left to the province of Heavenly guidance. 

Jewish tradition ascribes judicial decisions not merely to book knowledge or even precedent, but also to a sensible appraisal of fairness and equity. The great Rabbi Israel Lipkin of Salant often pointed out that Heaven alone can take into account all of the facts, consequences and results of judgment, reward and punishment. The human judge is limited in perspective and foresight. 

We know how the law of unintended consequences can dog every law  and legal decision—and that is why the Talmud ruefully depicts God, so to speak, busily undoing many of the decisions and actions of leaders and ordinary people in order to achieve the Divine will and purpose through the actions and decisions of humans. 

All judicial systems contain a process of review and appeal from decisions made by lower courts. This is an inherent realization the judicial error is ever-present and likely in all human affairs—and this is why the phrase “trial and error” is so well known in the English language. Despite its efforts to correct itself, the judicial system is always subject to bias, preconceived notions and erroneous logic and decisions. Even so, the Torah emphasizes that judicial systems are mandatory if society is to function. It is one of the basic seven laws of Noachide tradition. So, as in every other facet of life, the Torah bids us to do the best that we can—but to remain aware of our human limitations. 

“Law, Order, Justice—and an Open Mind”, Rabbi Wein’s essay on Parashat Shofetim last year, can be accessed here.

Law, order, justice -- and an open mind: Shofetim 5784

Law and order are the hallmarks of a functioning democratic society. The idea that someone who has suffered damage or hurt can receive fair redress through an equitable system of established justice is central to the concept of a free society that grants individual rights to its citizens. But dictatorships also provide law and order for those who live under their rule—and perhaps rather too much of it. It is in this contrast that we find an eternal contest between an ordered and properly functioning society and respect for an individual’s inherent freedoms and rights. 

Anarchy and dictatorial rule are literally poles apart. The Torah addresses this issue while allowing for a great deal of human and national choice in the matter. The general tenor of Jewish tradition is to be wary of big and powerful government. Avot teaches us not to make ourselves known to government, adding that the nature of government is to demand, albeit in a seemingly benign manner, much from the individual. Thus government appears friendly and helpful when it is for its own benefit to do so—but it may be unavailable to help the individual who is hard pressed and in need of outside help. Even so, Pirkei Avot also stresses the necessity for government and the requirement to pray for its success and welfare, for otherwise civilized life could not exist. As in all matters of human existence, the Torah here demands from us a good sense of proportion, wisdom and sophistication in dealing with government and society. The Torah does not lay down absolute rules, but rather establishes general parameters for righteous judicial systems and equitable standards of law enforcement. 

The Torah is clear in its condemnation of corruption and bias, especially in judicial and legal matters. The poor and the wealthy, the scholar and the unlettered, the well-connected and the unknown—all are to be equal before the eyes of judges and the law. The Torah defines true justice as being the pursuit of righteousness and fairness by just means. No unjust means can be condoned, even in the pursuit of apparently righteous causes. 

The Torah abhors every form of corruption in all forms, basing its attitude on recognition that corruption is a natural state of being for humans. We are all somehow corrupted by our past experiences and our pre-set worldviews. It is interesting to note that, for example, the outcome of many cases brought before the United States Supreme Court is almost always predictable, given that the individual justices reflect strongly held views held before they hear an appeal. They are certainly not corrupt in the criminal sense of the word, but in the world of the Torah they are certainly not free from the taint of corruption. The Torah demands an open mind, a listening ear, flexibility of thought and an understanding of human nature and of the ways of the world from those who would serve as judges of other humans. These qualities are not found in abundance, but they are to be searched for and respected in Jewish life and law. True and absolute justice may be unattainable in this world, but the concept of true justice must always be present in all matters of Jewish law and life. 

Shabbat shalom, Rabbi Berel Wein