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Shoftim: Appoint Judges

בָּרוּךְ אַתָּה ה׳ אֱלֹהֵינוּ מֶלֶך הָעוֹלָם אֲשֶׁר קִדְּשָנוּ בְּמִצְוֹתָיו וְצִוָּנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

בְּרוּךֶ אַתֶה חֲוָיָה שְׁכִינּוּ רוּחַ הָעוֹלָם אֲשֶׁר קִדַשְׁתַנוּ בְּמִצְוֹתֶיהֶ וְצִוְתָנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

בְּרוּכָה אַתְּ יָהּ אֱלֹהָתֵינוּ רוּחַ הָעוֹלָם אֲשֶׁר קֵרְבָתְנוּ לַעֲבוֹדָתָהּ וְצִוְתָנוּ לַעֲסוֹק בְּדִבְרֵי תוֹרָה

Barukh atah Adonai Eloheinu melekh ha’olam asher kid’shanu b’mitzvotav v’tzivanu la’asok b’divrei Torah

Nonbinary Hebrew Project:

B’rucheh ateh Khavayah Shekhinu ruach ha’olam asher kidash’tanu b’mitzvotei’he v’tziv’tanu la’asok b’divrei Torah

Feminine God Language:

Brukhah at Ya Elohateinu ruach ha’olam asher keir’vat’nu la’avodatah v’tziv’tavnu la’asok b’divrei Torah

שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר יְהֹוָ֧ה אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃ לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט לֹ֥א תַכִּ֖יר פָּנִ֑ים וְלֹא־תִקַּ֣ח שֹׁ֔חַד כִּ֣י הַשֹּׁ֗חַד יְעַוֵּר֙ עֵינֵ֣י חֲכָמִ֔ים וִֽיסַלֵּ֖ף דִּבְרֵ֥י צַדִּיקִֽם׃ צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף לְמַ֤עַן תִּֽחְיֶה֙ וְיָרַשְׁתָּ֣ אֶת־הָאָ֔רֶץ אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ׃ {ס}
You shall appoint magistrates and officials for your tribes, in all the settlements that your God יהוה is giving you, and they shall govern the people with due justice. You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. Justice, justice shall you pursue, that you may thrive and occupy the land that your God יהוה is giving you.
למנות שופטים ושוטרים בכל קהל וקהל מישראל, שנאמר: "שופטים ושוטרים, תיתן לך" (דברים טז,יח).
To appoint judges and court officers in each and every Jewish community, as [Deuteronomy 16:18] states: "Appoint judges and court officers...."
תנו רבנן מניין שמעמידין שופטים לישראל תלמוד לומר (דברים טז, יח) שופטים תתן שוטרים לישראל מניין תלמוד לומר שוטרים תתן שופטים לכל שבט ושבט מניין תלמוד לומר שופטים לשבטיך שוטרים לכל שבט ושבט מניין ת"ל שוטרים לשבטיך
The Sages taught in a baraita: From where is it derived that society must establish judges for the Jewish people? The verse states: “You shall place judges and officers over you in all of your gates that the Lord your God gives you for your tribes, and they shall judge the people with righteous judgment” (Deuteronomy 16:18). From where is it derived that society must also establish officers for the Jewish people? The same verse states: “You shall place judges and officers.” From where is it derived that society must also establish judges not only for the entire Jewish people but also for each and every tribe? The verse states: “You shall place judges and officers…for your tribes.” From where is it derived that society must also establish officers for each and every tribe? The same verse states: “You shall place judges and officersfor your tribes.”
כדתניא צדק צדק תרדף אחד לדין ואחד לפשרה כיצד שתי ספינות עוברות בנהר ופגעו זה בזה אם עוברות שתיהן שתיהן טובעות בזה אחר זה שתיהן עוברות וכן שני גמלים שהיו עולים במעלות בית חורון ופגעו זה בזה אם עלו שניהן שניהן נופלין בזה אחר זה שניהן עולין
As it is taught in a baraita: When the verse states: “Justice, justice, shall you follow,” one mention of “justice” is stated with regard to judgment and one is stated with regard to compromise. How so? Where there are two boats traveling on the river and they encounter each other, if both of them attempt to pass, both of them sink, as the river is not wide enough for both to pass. If they pass one after the other, both of them pass. And similarly, where there are two camels who were ascending the ascent of Beit Ḥoron, where there is a narrow steep path, and they encounter each other, if both of them attempt to ascend, both of them fall. If they ascend one after the other, both of them ascend.
From Maharat Naima Hirsch Gelman "Pursuing a Just Government" at https://www.sefaria.org/sheets/434935.1?lang=en&with=all&lang2=en
The words mishpat and tzedek appear multiple times in these three verses. Rabbi Lord Jonathan Sacks writes that misphat connotes a strictly legal justice system, while tzedek reminds us of compassion . With this in mind, the injunction of צדק צדק תרדף is actually instructing us to pursue a “justice tempered by compassion,” as Rabbi Sacks writes.
When God instructs us לא-תטה משפט, not to judge unfairly in verse 19, it appears that God is merely giving good legal advice. Don’t take bribes because it isn’t a way to run an effective legal system. While that may be true, the word tzadikim at the end of the verse suggests otherwise. If we were to operate a corrupt and unfair legal system, we would not only be unable to serve legal justice, but we would be preventing the compassionate justice that tzadikim represent. These verses teach us that we cannot have one without the other - in fact, the nation must be judged with משפט צדק, mishpat-tzedek.
תנו רבנן שבע מצות נצטוו בני נח דינין וברכת השם ע"ז גילוי עריות ושפיכות דמים וגזל ואבר מן החי
§ Since the halakhot of the descendants of Noah have been mentioned, a full discussion of the Noahide mitzvot is presented. The Sages taught in a baraita: The descendants of Noah, i.e., all of humanity, were commanded to observe seven mitzvot: The mitzva of establishing courts of judgment; and the prohibition against blessing, i.e., cursing, the name of God; and the prohibition of idol worship; and the prohibition against forbidden sexual relations; and the prohibition of bloodshed; and the prohibition of robbery; and the prohibition against eating a limb from a living animal.
From Rabbi Alex Israel, "Chodesh Elul/ Parshat Shoftim: Be a Judge to Yourself!" at https://www.alexisrael.org/shoftim---chassidut---judge-yourself
I found a fabulous drush in the writings of the Maggid of Koshnitz, in his Sefer Avodat Yisrael. He adapts in the classic style of Chasidic torah, the opening lines of the parsha, reinterpreting them as a message not to society but to the individual; not concerning the outer world, but rather addressed to our inner world.
The pesukim read:
"(18)Appoint magistrates and officials for your tribes, in all the settlements that the Lord your God is giving you, and they shall govern the people with due justice. (19)You shall not judge unfairly, you shall show no partiality, you shall not take bribes, for bribes blind the eyes of the discerning and falsify the word of the just. (20)Justice, justice, shall you pursue, that you may thrive and occupy the land that the Lord your God is giving you." (16:18-20)
Here is the drush of the Maggid of Koshnitz:
"Appoint Judges and officials for you: This parsha is always read during Chodesh Elul which is designated and ripe with potential for each person to return to his Creator, that one's sins, performed in the course of the year, be forgiven through a process of regret, remorse, thoughts of repair, weeping … over one's sins.
…Hence the Torah cautions us: Set for yourself Judges and Officials … each person too must set for themselves Judges to judge oneself. This means that one must set ones sight to examine ones path in life, and to pave the path ahead. The ears, nose and mouth, indeed all the seven orifices of the head are called the "gates to the soul" as is well know, and this is the "gates" that our parsha speaks of, that one must judge oneself for all of ones actions.
The Torah continues: "Do not pervert Justice." This means to distort the truth of the reality, claiming that an improper, evil act was in fact a good one. For ones personal repentance and the personal assessment and "trial" that transpires "below" (in ourselves, our lives,) are in fact a precursor, a preparation that has influence high above, to clarify our Judgement on Rosh Hashanna. This is the phrase: "…and they shall govern the people with due justice…Justice, justice, shall you pursue," – as a result of the Judgement that takes place "below," one pursues the Justice of the higher worlds, and our verdict should return for the good.
"Do not take bribes:" The way of the Yetzer Hara is to tempt human beings and to entrap them in the net of sin and wrongdoing. Afterwards a person feels bad, and as a response, will perform a mitzva of some sort or learns Torah and he comforts himself that now his prior behaviour will have been excused, until again, he decides to act wrongly. Thus the Torah warns us about this process, which is just like bribery that, "blinds the yes of the wise," for there is no such thing! The reward for a mitzva stands alone; and the penalty for sin stands alone. Wrongdoing is atoned for only through genuine Teshuva, a process of transformation whereby one fails to return to one's sin.
And then there is another hurdle. Yes, a person regrets their bad actions, their lifestyle, and begins to return to God, to daven regularly, or to study Torah and he performs Mutzvot with sincerity. Suddenly, the Yetzer Hara begins to fill him with pride, he experiences a feeling of personal complacency and smugness, God forbid, and hence he ruins all his achievement. Chazal say; "Whoever is filled with pride, I as if they worshipped idols," (Sota 4b) hence the Torah cautions us: "Do not plant an Ashera, any tree, alongside the Altar of your God, and do not establish for yourself a monument (Matzeva.)" (16:21-22) The Torah specifies "Lecha" – you yourself become the Matzeva – through your prideful thoughts you are, as if, an Ashera (Osher= happy) and a Matzeva (Matzeva = nitzav = standing still, upright) "that God despises."
The Maggid of Kushnitz continues through the pesukim here. As I said, I am not accustomed, neither to drash nor mussar, but both the eloquence of the drash, and the potency of the message here, have much to challenge us with.
מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לְמַנּוֹת שׁוֹפְטִים וְשׁוֹטְרִים בְּכָל מְדִינָה וּמְדִינָה וּבְכָל פֶּלֶךְ וּפֶלֶךְ שֶׁנֶּאֱמַר (דברים טז יח) "שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן לְךָ בְּכָל שְׁעָרֶיךָ". שׁוֹפְטִים אֵלּוּ הַדַּיָּנִים הַקְּבוּעִין בְּבֵית דִּין וּבַעֲלֵי דִּינִין בָּאִים לִפְנֵיהֶם. שׁוֹטְרִים אֵלּוּ בַּעֲלֵי מַקֵּל וּרְצוּעָה וְהֵם עוֹמְדִים לִפְנֵי הַדַּיָּנִין הַמְסַבְּבִין בַּשְּׁוָקִים וּבָרְחוֹבוֹת וְעַל הַחֲנֻיּוֹת לְתַקֵּן הַשְּׁעָרִים וְהַמִּדּוֹת וּלְהַכּוֹת כָּל מְעַוֵּת וְכָל מַעֲשֵׂיהֶם עַל פִּי הַדַּיָּנִים וְכָל שֶׁיִּרְאוּ בּוֹ עִוּוּת דָּבָר מְבִיאִין אוֹתוֹ לְבֵית דִּין וְדָנִין אוֹתוֹ כְּפִי רִשְׁעוֹ:
It is a positive Scriptural commandment to appoint judges and enforcement officers in every city and in every region, as Deuteronomy 16:18 states: "Appoint judges and enforcement officers in all your gates."
"Judges" refers to magistrates whose attendance is fixed in court, before whom the litigants appear. "Enforcement officers" refers to those equipped with a billet and a lash who stand before the judges and patrol the market places and the streets to inspect the stores and to regulate the prices and the measures. They inflict corporal punishment on all offenders. Their deeds are controlled entirely by the judges.
Whenever a person is seen perpetrating injustice, they should bring his to the court, where he will be judged according to his wickedness.