ParshaClss/shoftim/Deut. 16, 17
Justice, justice you Should Pursue
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Rabbi Z Aviner
Noahidesevencommandments.com
Three passages related to the trial
–1 Chapter 16 Verses 18-22
and chapter 17, verse 1
2 Chapter 17 Verses 8-13
3 Chapter 17 Verses 14-20
Segment 1 – Talks about judges and police officers in general
Segment 2 – Talks about the judges of the rabbinical court of 70 elders sitting in the courtyard of the temple
And they rule according to the Torah and Halakha
Segment 3 – Talks about the king of Israel, who also sits in judgment, like King Solomon,
He rules like “all the nations,” like the son of Noah, that is, according to his own mind and intellect
An example of this is Solomon’s Trial. He acted improperly because it is forbidden to mislead the judges as he did to women
In other words, first the Torah speaks of judges and justice in general
And then there are two types of judges – a Sanhedrin who follows the Torah, and a king who is allowed to rule according to his own opinion
As today in the State of Israel – a secular Knesset, and a rabbinate according to the Torah
It’s for Israel. Is there also a message here for the children of Noah?
“You shall give you judges and officers at all your gates” – these are exactly the words that the Rambam describes the fifth mitzva of Noach – the laws.
It says that the children of Noach must establish a legal system in every region and every city. and establish a police force to enforce the law
In other words, the Torah opens the parasha with a repetition of Noach’s fifth commandment, which was said to Adam in Eden and Noach kept it, and Moshe repeats it to Israel, according to the rule that every mitzva that was said to Noach and Moshe repeated it to Israel, then it was given to this and that. In other words, you can learn from each other
This rule is also true of Noach’s other mitzvot – which were given to Adam in the Garden of Eden, and Noach added a seventh mitzva after the flood, of the prohibition of an animal organ and the prohibition of blood, and to which Moshe returned to Israel as well
We will pay attention –
that Noah’s fifth commandment is not only to establish courts in order to do justice,
But it is also forbidden for any private person to do injustice, in all corners of life, every day
What are the corners of life? We see this in the stories about Jacob, who was the son of Noah, and fought all his life for justice
Give truth to Jacob, says the prophet Micah
Yaakov Fights for Justice-
1 Justice within the family. He discussed with his brother Esau the rights of the eldest son.
This is true for many families where the sons are fighting among themselves over the inheritance.
2
Justice and truth against the lies of Esau and against slander
3 Social Justice Yaakov on the Way to Laban – Protect Rachel from the Shepherds
4 Justice in marriage – against Lavan who deceived him in Rachel and Leah,
5 Justice at work – against Lavan for whom Yaakov worked for many years without pay.
6 Civil justice – the rights of a citizen whose daughter was kidnapped and raped by the mayor’s son – Dina and Nablus.
7 Israel’s Historical Justice Toward the Nations – The Struggle Against the Lies Against Israel, and Lies in General. Especially today…
Yaakov symbolizes in his life the struggle for justice and civil order, the fifth commandment of Adam and Noah
Just as Avraham before him struggled against theft, which is the mitzva of Noah’s fourths
And like Noach before him, who struggled against bloodshed, Adam’s third commandment, as we see in the Covenant of the Rainbow.
And before it is the story of the Garden of Eden, which presents the second commandment, which is incest.
It is preceded by chapter 1, which presents the prohibition of idol worship when speaking in the plural.
This duality in Israel of the judgment of the king versus the Sanhedrin is already found in Parashat Yitro
Yitro – the son of Noach – came to visit Moshe before the giving of the Torah and saw that Moshe sat all day judging Israel in matters between man and his fellow. He suggests that Moses establish a legal system. of the ministers of tens and hundreds, like an army. He also advised him about the nature of the judges, and Moshe accepted this
The question is, how did Moshe judge before the giving of the Torah? According to which system? He grew up in Pharaoh’s house, and knew how to judge like a king, according to his own mind, according to common sense, and like the sons of Noah. Before the giving of the Torah, Israel, too, were the sons of Noah. Vitro offers an orderly legal system like that of the sons of Noah.
After the giving of the Torah, Moshe was able to judge according to Halakha as well.
The connection to Yitro continues after the giving of the Torah. Moshe asks him to stay, “and you shall be our eyes”
In other words, we need You for a general judgment of the children of Noah. The King of Israel is entitled and must learn from the whole world about the laws of the state, the army, and the economy
And this duplication – preserved during the First Temple period during the period of the kings – there were two systems, a king and a Sanhedrin, Solomon and the Seventy Elders
The king is entitled to judge according to common sense, unlike the Sanhedrin
And this is important for the state because many times it is impossible to establish a state only according to Halacha. In times of war and the like
What can the children of Noach learn from the parasha?
In other words, there is guidance here for the children of Noah, as for Israel. How?
I give you the Land of Israel and the whole world for the children of Noah.
Condition. I have given you the land so that you may do justice
To the nations – I have given you the world on the condition that you do justice
The Torah elevates justice to the highest level.
Man can only imitate God in righteous judgment (more than science, etc.)
Innovation in the world – God demands justice more than anything else.
Prophets of Israel – The destruction will come because you are doing injustice to the orphan and the widow and do not free the slaves, etc.
And this is true for all nations
Now the Torah speaks of the process of judgment that will bring about justice
How will the judge behave in court? Here we are talking about Israel. Is it also for the children of Noah?
The midrash says that the first passage is verses that were engraved on Solomon’s judgment throne, which when he ascended he saw them (in addition to the sounds of lions and beasts to frighten the witnesses not to lie).
The judges stand down to hear the ruling. The king – or the judge – ascends the stairs to sit on his chair and from there arrive at the ruling and play it to those standing below
The verses guide the judge on how to reach a just trial
The section starts from the bottom step, from the end of the process
a)
You shall not deviate from judgment – in its literal sense, says Rashi. Don’t rule in your mouth the opposite of the truth you have reached
b)
You won’t know a face – before, during the process. Don’t say hello to anyone, don’t be respectful,
Do not prefer rich to poor or vice versa, because it will raise suspicions that you are judging
c)
You shall not take a bribe – beforehand, before you enter the courtroom, not even to get a fair trial
d)
Justice, justice you will pursue – different commentaries. The judge should try to search for the truth, even if it is difficult.
We have to repeat what we said and look for witnesses. And the defendants also have to look for a good beit din and the like
Justice – depends on laws, customs, and also on the period – peace or war?
From the side of G-d and from the point of view of mercy – how strict you should be like G-d, and how merciful you should be. We need Divine wisdom
According to the Torah, justice is the only thing in the world that a person can do and resemble God
It’s not enough just to reach a verdict. It must be realized, therefore justice, justice will pursue
A positive mitzvah
e)
You shall not plant an ashara – a beautiful tree. Don’t rule alone, seek the opinions of your friends
f)
Don’t erect a monument for you – don’t turn the trial into an event that will bring you political or social publicity,
Your motif should be the search for the truth
ז)
Thou shalt not sacrifice unto the Lord thy God an ox or a lamb that shall be blemished.
A warning that the judge must be perfect in spirit without moral defect
Here we are talking about the judicial process from the moment the judge ascends to his seat.
We are talking about King Solomon, who judged according to common sense, like the son of Noah.
And this instruction is true for both the Noahide and the Israelite judges
So far, we have learned about the obligation to establish courts and seat judges and police officers in them. And we saw the trial process
What is the legal system – the laws – according to which they judge?
The Judgment of the Children of Noahide
The laws that the judge follows are the mitzvot of Noach – the commandments, the commandments, the theft, the justice. These laws have already been given to man, man, and Noah.
And principles as man was created in the image of God, that all people are equal, and that there is absolute justice.
This is known from the book of Genesis
To Israel –
Two systems of law – the Written and Oral Torah, by the Sanhedrin, and the King’s Law according to Common Sense
In fact-
The laws of the Oral and Written Law of Israel are only an extension of the six commandments of man
We have before us two systems – the Sanhedrin and the king. According to whom will the Judge of the son of Noach go?
Surprise. According to the Talmud and the Ramban –
Judge Ben Noach can judge according to the two systems mentioned here in the parasha:
Because a large part of the Talmud that deals with the law between man and his friend is written according to common sense,
Therefore, the children of Noach can learn from the Talmud – the Ramban in Parashat Dina bat Yaakov.
(Yeshiva of the Children of Noah)
Therefore, the entire passage in the parasha is also connected to the children of Noach
Earlier we saw that Moshe asks Mitro to advise on the laws of the state
Now the opposite is also true – Judge ben Noach can learn from the Talmud
A judge who is the king of Israel – like Solomon the son of David – will come at the end of days and judge the sons of Noah, who will come to him for judgment.
And this is the King Messiah
And when the King Christ comes, all nations will come. To whom to be tried.
Not according to the Sanhedrin, but like Solomon’s throne, the judgment of a king