Justice, Justice
I've enjoyed continuing to sink back into my Kavana rhythms over these last couple of weeks. As I noted in last week's newsletter, coming back from sabbatical, I have felt the passage of time acutely and am happy to be stepping back in during this window of preparation for the High Holidays.
I have also felt this passage of time in terms of news and world events. When I began my sabbatical back in the spring, the former president had been indicted only once; now that number stands at an astonishing four indictments. While I was away, the Supreme Court also made news repeatedly... not only for their rulings, but for serious ethics questions concerning particular justices who have routinely accepted (and neglected to report) lavish gifts. During these same months, Netanyahu's coalition continued its assault on the Israeli judicial system by abolishing the "reasonableness standard," thus strengthening the power of the legislative and executive branches (which, in Israel, are one in the same) by severely weakening the judiciary. In both American and Israeli societies -- as in many other countries around the world -- we are currently witnessing dramatic struggles between liberal democracy and extreme authoritarian rule. Sometimes it feels like the judicial system is the only floodgate holding us back from chaos... which is precisely why it is under attack. As we head towards the New Year, swirling around us are profound questions about justice: around who has the power to judge, who will and won't be held accountable for their actions in courts of law, whether justice can be carried out impartially, and more.
This week's Torah portion tackles many of these topics of justice head on. Parashat Shoftim opens with these lines (Deut. 16:18-19):
"You shall appoint magistrates and officials for your tribes, in all the settlements that Adonai your God 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."
These are powerful lines, advancing a rigorous and clear-headed vision of justice. The third line of the parasha is even more powerful -- it's arguably one of the most famous quotes in all of Torah (and one that is worth committing to memory if you don't already know it): “צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף, / tzedek tzedek tirdof” — “Justice, justice you shall pursue!”
This three-word Hebrew phrase -- tzedek tzedek tirdof -- has been analyzed and interpreted from many angles. "Pursue" is such an active verb that it demands action from us. But the most ink has been spilled over the doubling of the word "tzedek,": "Justice, justice." The rabbinic hermeneutic rules that govern Torah interpretation hold that no word could possibly be extraneous; therefore, each "tzedek" must have a distinct meaning. In a Talmudic conversation (in Sanhedrin 32b), two ancient sages probe the twin uses of the word for meaning. As Rabbi Menachem Creditor explains: "Resh Lakish draws a comparison to other calls for justice in the Torah, asserting that the repetition underscores the necessity to scrutinize trials meticulously. ... Rav Ashi proposes an alternative approach: the first "Tzedek" refers to the act of judgment, while the second pertains to the delicate art of compromise." Many centuries later, the Chassidic rabbi Simcha Bunem offered yet a different explanation, translating the phrase "to pursue justice justly." According to his reading, the verse comes to teach us that justice can never be achieved by unjust means. These commentaries offer but a taste of what we might learn from this short but powerful phrase.
The words "tzedek tzedek tirdof," "Justice, justice you shall pursue," are so very powerful. And yet, Rabbi Rachel Barenblat points out, the verse doesn't end there. She writes: "Torah continues, 'in order that you may live and inherit the land which Adonai your God is giving you.' We pursue justice in order that we may truly live. In order to live life to its fullest, we need to work toward a world that is just..."
As I reflect on the lessons Parashat Shoftim might teach us this year, I'm also cognizant that today is Rosh Chodesh Elul, the first day of the month of preparation for the New Year. Exactly one month from now, we will arrive at Rosh Hashanah, also known by the name "Yom ha-Din," Day of Judgment. During this whole season, we are called on to scrutinize our own deeds and actions, considering how they might stand up in a heavenly court of law. We think about orienting our lives towards justice -- of strengthening our personal relationships through fairness, of working together to build communities that operate on the principles of justice, and of forging a just society.
During the month of Elul, my teacher, Rabbi Steve Sager (z"l), had a tradition to read Genesis 18 with his congregation. That chapter contains the story in which Abraham bargains with God over the fate of the people of Sodom. The dramatic climax of that text comes when Abraham asks the rhetorical question: "ha-shofeit kol ha-aretz lo ya'aseh mishpat", "[Is it possible that] the Judge of all the earth would not deal justly?!" Reading this text liturgically in the lead-up to these days of awe and judgment adds yet another layer: even God must be held accountable for justice at this time of year.
As we move towards New Year 5784 -- against the backdrop of breaches of justice, threats to justice systems, and more -- may we strive to employ the lessons of Parashat Shoftim and its call to pursue justice. May we know just when to be meticulous in our approach and when to compromise in our pursuit of true justice. May we pursue justice only through just means. May we work to support and uphold judicial systems characterized by the highest standards of ethics and fairness. And may all of our endeavors draw us closer to the vision of living together in society with justice for all.
Chodesh tov -- wishing you a meaningful month of Elul,
Rabbi Rachel Nussbaum
