Parshas Shoftim

Parshas Shoftim:
 
Courts & Kings – Law & Order

 

By: Rabbi Yehonoson Dovid Hool

 
 


COURTS & KINGS-
LAW & ORDER
 

This
week’s parshah opens with the commandment to establish a system of courts to
implement the Torah’s laws of Mishpat, financial jurisprudence. Later in
the Parshah we find the commandment requiring the Jewish people to appoint for
themselves a king to rule over them. In a classic piece, the Drashos HaR”an
(Rabbi Nissim ben Reuven of 14th century Gerona) explains that the Torah provides for
two parallel, complementary legal systems that together elevate the practice of
justice to a sublime plane.



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The
existence of any civilization is predicated upon the rule of law. Without a
structure of civil and criminal law and a system that enforces it, anarchy
rules and society breaks down completely. “Each man would devour his
fellow man” (Pirkei Avos, 3:2). No society therefore has ever survived for
even a short period without a legal system in place.


The
Jewish people are no different in this respect, and the Torah provides a
comprehensive legal system that dictates laws and prescribes the establishment
of a court system that ensures adherence to this legal system. (In fact, the
Torah instructs Beis Din not just to adjudicate financial disputes and keep
civil order, but to go further and ensure that the people observe their
religious obligations as well, even though these may have no noticeable effect
on the society around them.)


However,
strict and literal interpretation of any legal system can sometimes create
circumstances in which the very purpose of the legal system, to create civil
order and prevent anarchy, will be lost.


Let’s take an example from the
Halachah. According to the Halachah, one who carries out a premeditated murder
is punishable by death. However, the conditions that must be present for such a
sentence to be carried out are so numerous that it would be highly unusual for
it to ever happen. For example, the murder must be witnessed by two adult
males, and the murderer must be warned immediately in advance of the murder
regarding the type of punishment that he will receive should he carries out the
crime. Circumstantial evidence is inadmissible in Beis Din. For example, should
two men enter a room and subsequently witnesses enter the room and discover one
of the men lying dead with the other standing over him holding a sword dripping
with blood, Halacha does not allow any punishment to be carried out since there
were no witnesses viewing the murder itself and the case rests entirely on
circumstantial evidence.


This
creates a latent problem, in that as such there is little deterrent to
potential murderers if they know that it is highly unlikely that they will be
convicted. What is required then is a backup system to be used in extraordinary
circumstances, to ensure that overall the rule of law will be upheld.


For
this reason, says the R”an, the Torah instructs Klal Yisroel to appoint a
king over the people. One of the primary responsibilities of the king was to
maintain law and order in the nation, and as such he was given the authority to
rule on cases of capital punishment even if there was only circumstantial
evidence available (Rambam, Hilchos Melochim 3:10). Thus, authority of the king
complements the Beis Din system, and together they ensure a stable society.

But
the R”an then goes further in explaining the function of the Torah’s
system of Mishpat – justice.


Many
mitzvos have no apparent benefit to society or to the one performing the
mitzvah, still, the performance of mitzvos has a tremendous spiritual
effect. Apart from anything else, performance of mitzvos strengthens the
connection that the Jewish people have with Hashem and brings with it an
abundance of Divine benefit and goodness to all. In this respect, the Torah’s Mishpat

is no different to all the other mitzvos of the Torah. Thus the purpose
of the Halachos of Mishpat is not merely to ensure a functioning civil
society, but also to bring heavenly blessing and spiritual abundance to the
people.


In
fact, in reality the primary function of the Torah’s Mishpat is this
latter concept, i.e., that of providing spiritual connection to the Hashem and
the resultant divine influence showered upon the world. Thus the authority of
the king ensures that society as a whole remains civil, whereas the Beis Din,
in implementing Mishpat, carries out the religious function of creating
this spiritual bond with Hashem.


This
explains a fundamental difference between the Jewish system of Mishpat designed
by Hashem and the secular legal systems created by humans. Noachide law
requires all humans to establish a judicial system and most authorities
maintain that gentiles are obligated to legislate laws that are rational and
logical. The Mishpat of the Torah, however, is different. Although much
of Choshen Mishpat is rational and logical, every so often one comes
across specific instances in which the Torah rules in a way for which there is
no rational explanation.


For
example, someone who borrows an item from another is responsible to ensure that
he returns it intact as he had borrowed it, and in the event that he cannot do
so, he must pay the owner for the item. However, the Torah legislates that if
at the time when the item is borrowed, the owner was performing a task for the
borrower, then the borrower would be exempt from paying in the event that
something untoward happened to the item. Now, there is no logical reason for
this regulation but nonetheless that this is the Halachah. The Divine Wisdom
dictates that whether we comprehend it or not, the spiritual benefit from the
mitzvah of Mishpat is effected only in this way and in no other.
Surprising Halachos like this serve to remind us that even the mishpatim

that we believe that we comprehend are part of a comprehensive and profound
spiritual system that is crucial for the existence of Klal Yisroel.

For
this reason, the supreme court of the Jewish nation, the Sanhedrin, resided in
the Lishkas Hagazis, a chamber built into the walls of the Beis
Hamikdosh
(Temple), half inside the Sanctuary and half outside, because
administrating Mishpat was a Divine service of the highest magnitude.


In
this light we gain an insight into the words of the Gemora, “When a Dayan
renders a ruling of genuine truth, he is worthy of having the Divine Presence
reside amongst them,” (Sanhedrin 7a), and “When a Dayan renders a
ruling of genuine truth, he becomes a partner with Hashem in the works of
Creation” (Shabbos 10a). The Creation of the world was brought about by
Hashem’s will, and the administration of Mishpat continues bringing that
Divine influence into the world.


With
this in mind we can understand a puzzling episode in Jewish History. In the
time of the prophet Shmuel (Samuel), the Jewish people demanded that he appoint
for them a king, which drew the ire of the prophet who criticized them for this
request, although he acceded to the call and appointed Shaul (Saul) as the
first king of Israel.
The commentators all find difficulty with this. Surely there is an explicit
mitzvah in the Torah in this week’s parshah to set up a king over Israel,
and so why did Shmuel rebuke the people for requesting that they be able to
carry out this mitzvah?


The
answer, says the R”an, lies in the language in which Klal Yisroel phrased their
request. “Appoint for us a king who should judge us, like all the nations”
(Shmuel I, 8:5). Had they merely requested a king to lead them in battle and
unite them, they would have performed a mitzvah. However, they requested a king
who would judge them like all the other nations; that is to say, they lacked
appreciation for the Divine laws of Mishpat, and instead wanted to give
preference to a man-made system of law, just like all the other nations of the
world. This why Hashem responded to their request by saying that “They have
despised Me from ruling over them,” (ibid 8:7), because the way that they asked
for a king revealed their true intentions – they rebuffed the opportunity to
strengthen the bond between Klal Yisroel and Hashem that accompanies the
observance of Mishpetei Hatorah.


Therefore,
when Shmuel rebuked them for their request, he demonstrated his displeasure by
bringing a torrential rainstorm in the height of the summer. If you are
thinking, implied Shmuel, that the most vital element of a legal system is the
establishment of a civil society, you are mistaken. The Jewish people have a
system of Mishpat that connects them to Hashem. And witnessing Hashem
bringing a rainstorm on a summer’s day was intended to remind everyone that the
focus of Mishpat is not merely the institution of an orderly
civilization, but the connection of Klal Yisroel to Hashem and the abundance of
blessing that comes with it.


So let us, too remember that when we adhere to the
Torah’s laws of Choshen Mishpat we are not merely upholding the law and
acting as decent people should (although these are important elements, too). We
are carrying out the Will of Hashem, and doing no less than reinforcing and
strengthening all of Creation and bringing Divine blessing to the Jewish people
and all of humanity.

* * *

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