Law and Order
PARASHAT SHOF’TIM (“magistrates”) continues Moses’ speech in which he delineates various legal teachings for Israel. This portion focuses on the organization of the community and the promulgation of rules to promote justice within it. Although the logic behind the order of laws in the Bible is not always apparent, in this parashah we can see the relationship between many of the sections. These laws tend to be of a practical nature—for the Bible rarely theorizes or philosophizes. Yet taken together, they draw a picture of the type of ideal society that Deuteronomy envisions. In such a community, justice functions as the operative principle; and all individuals, even the king, come under its rules. Every member of society is entitled to the same justice, in both religious and civil matters. (These two areas of life were not distinguished in ancient times as they are today.) While mainly concerned with the internal workings of the community, justice also applies to the conduct of war. Along with the idea that people deserve a fair government, Deuteronomy expresses the even more important idea that the failure to perform justice constitutes a failure to heed God’s commandments, which endangers the future of Israel.
Deuteronomy does not, for the most part, envision women serving as public officials and certainly not as priests or soldiers. However, women figure in a number of laws, especially in the following parashah (Ki Teitzei). Most of the laws are phrased in the grammatical masculine (the linguistically unmarked term that often includes both genders); but in some cases, to emphasize that the legislation concerns women and men, the text explicitly addresses both genders. For example, 17:2–5 stipulates that “the man or the woman” who engages in idolatrous worship will be put to death. Although the laws in Deuteronomy do not consider women to be the responsible party in their own right in all matters, they are protected when they might be victims and prosecuted when they are guilty of crimes.
—Adele Berlin
Outline—
I. THE JUDICIAL SYSTEM AND PUBLIC OFFICIALS (16:18–18:22)
A. The judicial system (16:18–17:13)
B. Kings (17:14–20)
C. Levitical priests (18:1–8)
D. Prophets (18:9–22)
II. SAFEGUARDING THE JUDICIAL SYSTEM (19:1–21)
A. Cities of refuge (vv. 1–13)
B. Boundary markers (v. 14)
C. Witnesses (vv. 15–21)
III. RULES FOR WAR (20:1–20)
IV. UNSOLVED MURDER (21:1–9)