Justice at the Gates: Personal Responsibility
By: Rabbi Chanania Engelsman, Upper School Judaic Studies Principal
The Parsha starts with:
שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר ה' אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃
"You shall appoint magistrates and officials for your tribes, in all the settlements that Hashem your God is giving you, and they shall govern the people with due justice."
While last week’s Parsha, Re’eh, emphasizes the holiness centered in “the place that I will show you” (i.e., the Mishkan and the Beit HaMikdash), this week's Parsha, Shoftim, shifts the focus to שְׁעָרֶ֔יךָ—literally “your gates,” referring to Jewish settlements throughout the land. This shift from the sanctity of a central, sacred location to the everyday spaces of communal life highlights the importance of justice and ethical governance in all aspects of society, not just in overtly sacred spaces.
However, the phrase תִּֽתֶּן־לְךָ֙, "you shall appoint (give) for yourself," is unusual. The word לְךָ֙ ("for yourself") appears redundant; the command would be clear without it. In other places in the Chumash, לְךָ֙ indicates something that one must personally engage with, such as the mitzvah of the Four Species on Sukkot, which must be performed by the individual and cannot be delegated. What, then, is personal about the appointment of magistrates and officials?
To address this, we must consider another question raised by the commentaries: Why is there a specific command for Bnei Yisrael to establish courts and appoint officials? The Noahide laws already include Dinim—setting up a legal system to enforce justice. What distinguishes the Torah’s command to Bnei Yisrael from this general requirement?
The Torah introduces a unique dimension to the concept of justice. For the broader world, laws primarily serve to prevent chaos and maintain social order. For Bnei Yisrael, however, the legal system is not merely a societal necessity but a divine mandate. Jewish law embodies the representation of Hashem’s presence in the world, as stated in Tehillim:
אֱֽלֹהִ֗ים נִצָּ֥ב בַּעֲדַת־אֵ֑ל בְּקֶ֖רֶב אֱלֹהִ֣ים יִשְׁפֹּֽט׃
"God stands in the divine assembly; among the divine beings He pronounces judgment" (Tehillim 82:1). The Beit Din is not just a court of law; it is an extension of Hashem’s will, ensuring that justice is carried out in alignment with divine principles.
The phrase לְךָ֙ ("for yourself") also suggests a deeper, personal responsibility in the pursuit of justice. It implies that the commandment is not only about creating a fair society but also about personal accountability. Each individual is called upon to live in accordance with the divine image and ensure their actions reflect this ideal.
In today’s world, where polarizing views often dominate, and there is little room for nuance, we must remind ourselves of the Torah’s approach to judgment. As we approach the Days of Judgement with the month of Elul, it is a time to introspect and evaluate not just the actions of others but our own actions and perspectives. We must strive for a balance that upholds the law while also reflecting Hashem’s attributes of mercy and compassion.
עשה למען שמך
(Act for the sake of Your name)
Shabbat Shalom!