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Shoftim: Disappearing Role Models

BY RABBI MOSHE TARAGIN

Man was created free, but freedom can be brutally stifled or violently taken from him. Without stable government, society quickly disintegrates into chaos and anarchy. To prevent a collapse into lawlessness and mayhem, Hashem vested human beings with an innate “political instinct”, and empowered them to construct governments capable of administrating law, protecting human dignity and advancing general welfare. Crafting a moral society, governed by the rule of law is the will of Hashem.

Thousands of years ago, our ancestors discovered a “one God” but were trapped in a tumultuous world of cruelty and barbarism. At best, societies were managed by strong-fisted tyrants who offered security and stability at the bitter cost of individual liberty. In most instances though, society degenerated into unruly ruckuses of cutthroat competition and vicious barbarism. Humanity was not yet prepared for organized systems of government, founded upon the rule of law while protecting human liberty.

SOCIETIES OF SINAI

Several centuries after the first discovery of Hashem, we stood beneath the mountain of God and received the His directly revealed will, including a blueprint for a society of law and order. Even in our temporary desert camps, we fashioned a rudimentary network of courts braced by agencies of law enforcement. The Torah documents several instances of criminals who were prosecuted and sentenced in the desert. In the second year after the Exodus, both a shabbat violator and a blasphemer were sentenced to death. They weren’t guillotined by a rabid mob, but afforded due process and an orderly trial for their crimes. Thirty-eight years later, land was expressly allocated for five women whose father had deceased. Additionally, several tribes were awarded “extramural land” in the fertile pasturelands of the East bank of the Jordan. In the aftermath of Sinai, a society driven by the rule of law was gradually coalescing. Lawlessness was slowly being replaced by civility, violence and aggression were ceding to common codes of right and wrong. The will of Hashem was becoming manifest in the human socio-political sphere.

Finally, it was time to enter the land of Israel, and it was obvious that a civil society governed by rule of law was a precondition to settling the land and to constructing a city of Hashem. In this light, the mitzvah to appoint judges in Israel, delineated in parshat Shoftim, comes as no surprise.

REGIONAL COURTS

What is surprising is the geographical sweep of these appointments. The very first verse of Shoftim instructs the appointment of judges in every “gate” - b’chol she’arecha. At least in Israel, panels of magistrates were established in every region and in every city. From a logistical standpoint it is odd that every village and every city contains a tribunal of qualified judges. Wouldn’t it be more economical and more efficient to station courts in major population areas, and require litigants to travel to these regional courts? Why must judges be positioned in every single region of Israel?

Apparently, the position of a judge involves more than just judiciary or legal duties and, evidently, judges provide a broader benefit to society. Maimonides describes the “expanded” function of judges: to encourage religious observance, correct religious malfunction, inspire religious consciousness, and uphold decrees and injunctions. In short, a judge boosts religious behavior, both through direct enforcement and, additionally, by setting an example of religious excellence. Situating judges in every city assures a national network of local and accessible religious role models.

VALUE OF ROLE MODELS

Religious growth, and moral challenges in particular, can be very confusing. In the heat of a moral or religious crisis, theoretical notions of right and wrong are often ineffective. Our religious conviction and moral clarity often melt in the heat of the moment, when we face a confusing or overpowering religious predicament. My Rebbe and mentor, Rav Aharon Lichtenstein encouraged us to navigate religious challenges by imagining how our role models would respond to the same situation. Imagining the response of a role model is more far compelling than abstract calculations of right and wrong. Religious excellence depends upon real life examples of people who, by their own outstanding behavior, call us to higher ground. Their influence inspires us to lead ‘driven lives” and prevents self-complacency and excessive self-satisfaction from settling in.

ROLE MODELS VS. DEMOCRACY

Where have our role models gone? In part, the culture of democracy has devalued the image of a role model. Democracy assumes political and economic equality. In the voter booth and the free marketplace every man stands equal. Political egalitarianism sometimes, incorrectly implies that every value and every moral position is also created equal.

The pre-democratic world was forged upon rigid political and social hierarchies which repressed human freedom and were often governed by immoral or abusive leaders. However, a world built upon hierarchy suggests a hierarchy or pyramid of values, in which certain values are ranked “higher” than others. By contrast, egalitarian democracies imply the absence of any absolute or superior moral value, thereby reducing the impact of role models. Why should we be inspired by another person if, fundamentally, everyone is equal? We have fallen into a sad state of self-arbitration in which every “citizen” appoints themselves as sole morally authority. Moral relativism and moral self-arbitration are the bastard children of democracy.

THE FEAR OF TRUST

Additionally, our culture has become jaded by the very concept of a role model. We have been exposed to too much hypocrisy from public figures, and we have been repeatedly victimized by corrupt and dishonest leadership. Inspiration from role models feels dangerously close to personality cults, and we all know the damage inflicted by excess veneration of charisma. We have learned to distrust because, all too often, our trust in others has been betrayed. Our public trust has been burned too often, and we have taken refuge in the relative safety of distrust and suspicion.

Closer to home, in the Jewish world, we have suffered through numerous scandals in which religious personalities have committed horrible crimes. In response, we have legislated strict guidelines to protect against possible abuse and to make our leadership and communal management more transparent.

WHAT HAVE WE LOST?

All these steps are absolutely vital to curb the terrible abuse we have encountered, but just the same, it is fair to consider what we have lost in the process? For the sake of “transparency” have we rendered our leadership “invisible”? Are we so suspicious and jaded that we have lost inspiration? Regrettably, for many, the very phrase of “role model” is abrasive or even odious.

Perhaps human beings in search of meaningful lives, are in greater need of actual role models than we assumed. Perhaps religious excellence is so arduous that it is best achieved by simulating the conduct of others, rather than solely through personal development. Role models take vague notions of religion and morality and present them in more vivid form, in ways which are more concrete and compelling. Have we forfeited our ability to be inspired by the lives of others? Have we swung too far?

A PATCHWORK

In an ideal world we are exposed to surpassing people whose lives display a sweeping range of virtues and values. My teacher, Rav Aharon Lichtenstein, modeled the entirety of religious and moral experience, providing a ‘gold standard’ in almost every imaginable area of religious endeavor. Sadly, those types of role models are becoming few and far between.

Perhaps one solution to our current dilemma is to decentralize role modelling. In leu of great and sweeping personalities who showcase the entire range of values, we must be more appreciative of people who model specific values. We may not benefit from all-encompassing personalities, but we can be inspired by people who model select values or particular traits. We must be more receptive to being “inspire-able” and more conscious of the people in our lives who model desirable traits. We must also better balance our distaste for and fear of personality cults, with our need to be inspired by the lives of others.

The writer is a rabbi at Yeshivat Har Etzion/ Gush, a hesder yeshiva. He has smicha and a BA in computer science from Yeshiva University as well as a masters degree in English literature from the City University of New York.

Weekly Dvar Torah

FROM ERETZ YISRAEL Are You Really Impartial?

BY RABBI BINNY FREEDMAN

Can a person ever truly be impartial? Is it even possible to come to decisions without ulterior motives in life?

The opening verse of Shoftim (Devarim 16:18) tells us:

“You shall appoint judges and guards in all your gates that Hashem gives you… who must judge Israel righteously.”

And the Torah continues with an injunction to the appointed judges:

“You shall not pervert judgement, nor be partial to a litigant’s presence and you shall not take a bribe, for bribery will blind the eyes of the wise, and make crooked the words of the righteous.” (ibid. 19)

Shoftim, which literally means judges, speaks of the importance of appointing judges and a system of courts designed to ensure a society of law and order as well as moral clarity.

One of the seven Noachide laws requires every human being to live within a system of courts and judges. And it is notable that one of the first perversions to occur under Adolf Hitler’s Nazi rule after he became Chancellor in Germany in 1933, was the subversion of the courts and judges in Germany. Both the courts and the Police (Gestapo) operated according to Nazi doctrine and Hitler’s demands as early as 1933.

But why does the Torah take the time to list a series of injunctions addressed to judges and the courts? How many of us will really ever sit on the bench and judge a case?

Rav Dessler, in his Michtav Me’Eliyahu points out that we all sit in judgement, every day.

Imagine that a person wants to see what the halachah has to say about whether one can play Monopoly (a board game involving pretend currency and transactions) on Shabbat. Obviously when exploring what Jewish law has to say on the topic one must remain impartial and abide by what he finds the halachah has to say. But why is a person looking up the halachah in the first place? Obviously because he wants to play Monopoly on Shabbat; so he was never impartial in the first place!

The Torah is not just speaking to court judges; the Torah is speaking to all of us as we strive to apply good and healthy judgment in the court of daily human experience.

The first stage of teshuvah or repentance, is ‘hakarat hachet’. Before we can hope to correct the errors of our ways, we first need to recognize what our mistakes are and take ownership of them. Bribery is so insidious, because most often we do not even recognize we are being bribed. We have been so impacted by the way we see the world it becomes almost impossible to see it any other way.

Interestingly, on the aforementioned verse concerning bribery, Rashi offers a fascinating comment (ibid. 19): A judge is not allowed to receive a bribe or favor or even a smile from the litigant in order to rule justly! This is because the instant we receive anything we can no longer be objective. We can never be impartial on anything which impacts us, and as we are usually making decisions and rendering opinions about things that do affect us, how can we ever resolve the conundrum?

Maimonides in his Hilchot Deot (2:1) suggests a simple response: a person has to have chachamim to call upon: balanced individuals who can be more objective about our own realities than we are. It is debatable whether true impartiality even exists in our world, but at least we can gain advice from those who are more likely to be less partial than we are about the things that concern us.

As we begin to approach Rosh Hashanah and Yom Kippur it behooves us to be more cognizant of the inherent biases through which we see the world and more diligent in finding ways to invite other more objective, and even sometimes diametrically opposed, sources with which to balance those perspectives.

Rabbi Binny Freedman is Rosh Yeshiva of Yeshivat Orayta. He is a member of the Mizrachi Speakers Bureau (www.mizrachi.org/speakers).

Shofetim Sidra Summary

“When you besiege a city… do not destroy its trees by swinging an axe against them… is the tree of the field a man that it should enter the siege before you?” (Devarim 20:19)

1ST ALIYA (KOHEN) – DEVARIM 16:18-17:13

Judges and officers must be appointed in all cities (Rashi). Judges must endeavour to avoid showing favour to any litigant. One may not erect (even) a single stone for worship, even to worship G-d. It is forbidden to bring a blemished animal as an offering. Idol worship is subject to capital punishment. If a halachic question or dispute cannot be resolved by local courts, the case should be taken to the Kohanim in the Temple.

2ND ALIYA (LEVI) – 17:14-20

When the nation comes into the Land, they have the right to request a king. That king has to be appointed by G-d (through a prophet) and must be Jewish. The king must not return the people to Egypt in order for him to acquire horses (where many were available and a symbol of prestige). He must also avoid having multiple wives and amassing too much wealth. He is obligated to have his own Sefer Torah, from which he must read daily.

3RD ALIYA (SHLISHI) – 18:1:5

The tribe of Levi does not get a portion in the Land, unlike the other tribes. However, the Kohanim are to be given parts of certain Temple offerings to eat. They are also to receive the first tithe of the produce of fruits grown in the Land (terumah gedolah), as well as the first shearing of the flock (reishit ha’gez).

4TH ALIYA (REVI’I) – 18:6-13

The Kohanim are to be split into different groups, who will rotate performing duties in the Temple. The right to eat designated parts of regular offerings is reserved for whichever group of Kohanim is serving in the Temple that week (see Rashi). After coming into the Land, the nation must avoid the ways of the Cana’anite nations, especially their various forms of witchcraft, divinations and sorcery. have prophets who will guide them and convey G-d’s messages. A prophet’s legitimacy will be tested by whether his prophecies materialise or not. Moshe gives instructions regarding the establishment of three cities of refuge (in addition to the three on the east bank of the Jordan River – see Devarim 4:41-43). These cities are to provide refuge for a person who has killed accidentally and is fleeing from the relatives of the deceased. Instructions are given about what constitutes ‘accidental’ and how the community must endeavour to protect the accidental killer from those who are pursuing him. In Messianic times, another three cities will be added (Rashi).

6TH ALIYA (SHISHI) – 19:14-20:9

One must not tamper with someone else’s land boundary. Court cases are determined by the testimony of a minimum of two witnesses. The laws of conspiring witnesses (edim zomemim) are detailed, in which a second set of witnesses accuses the first set of having been unqualified to give their testimony, since they could not have been at the scene of the incident, due to their being elsewhere (Rashi). When the nation goes out to war, they must not fear the enemy, however mighty they may seem. Before battle commences, a Kohen is to encourage the people, reminding them that G-d is protecting them. Certain people are sent home from the battlefield before war commences.

7TH ALIYA (SHEVI’I) – 20:10-21:9

Before the nation goes to war, it must offer its enemy the opportunity to make peace. However, in the initial conquest of the Land from the Cana’anite nations, their cities and inhabitants must be destroyed (Rashi). If a corpse is found between two cities and it is unclear who is responsible for the death, the elders of the city nearest to the location of the corpse must take a heifer and behead it in a valley, after which the Kohanim shall ask G-d for atonement on behalf of the elders (Rashi).

Point to Consider: Why were the elders of the nearest city considered responsible for the death? (see Rashi to 21:7)

HAFTARAH

Taken from the book of Yeshaya, this is the next of the seven ‘haftarot of consolation’ read after Tisha B’Av. Yeshaya tells the people that they may have suffered punishment, but they can ‘awaken’ themselves and emerge from their captivity. G-d is constantly ready to redeem the nation if they turn to Him.