God is master of all

Toirah Study

RABBI SHLOMO RISKIN
Shoftim/Deuteronomy 16:18 - 21:9

"Our Divine Presence (Almighty God) is prime minister of the entire cosmos - but sadly, most religious establishments seek to turn him into a mere minister of religions."

So wrote one of my gifted students, Yoav Sorek, in an article that appeared in the Israeli journal Nekudah.

This week's Torah portion opens with a difficult passage: "You shall 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" (Deuteronomy 16:18).

The classical commentary by Rashi concludes that judges are to be appointed "for each tribe and in each city."

But Nahmanides notes that, "since we have appointed courts in each and every city, there are then (automatically) many courts for every tribe." Nahmanides maintains that when the Torah calls for appointing judges "for your tribes," it allows for the eventuality of one city being occupied by two tribes. A city such as Jerusalem, for example, which was shared by Judah and Benjamin, would require two courts, one for each tribe.

Hence, according to Nahmanides, two courts in a city would be the exception, whereas according to Rashi, the judiciary included city as well as tribal courts throughout Israel; a defendant could choose either of the two to judge his case in any given instance.

In order to properly understand Rashi's position, which is actually the closest to the literal meaning of the text, it is important to study in depth the very concept of justice in the Jewish tradition.

An incident is recorded of several hired porters who, due to their negligence but without intent to damage, broke a wine barrel that belonged to Rabba bar R. Huna, a wealthy Talmudic sage. Because of the damage, the sage seized their garments. The porters then presented their case before the great sage Rav.

Despite the fact that the porters were at fault, Rav ruled in their favor: the garments must be returned. Rabba bar R. Huna was surprised. "Is this then the law?" he queried. "Yes", replied Rav, quoting Proverbs 2:20: "So follow the way of the good ...".

The porters then approached Rav once again and pointed out that they were poor people. "We have worked all day and we are in need; are we to get no wages?" they complained. Rav then ordered Rabba bar R. Huna to pay them. Again the sage asked if this was the law. And again Rav replied in the affirmative, quoting the latter part of the same verse, "... and keep to the path of the just."

What Rav is teaching is that an authentic judgement must not only decide in accordance with the dry facts, but must also investigate the complete situation surrounding the facts. In this case, it must take into account the wealth and learning of Rabba bar R. Huna, as well as the poverty of the porters; there are times, says Rav, when going beyond the limits of the law becomes the real requirement of the law.

From this perspective, we can much better understand the necessity of tribal courts in addition to city courts. The tribe into which one was born determined to a great extent in biblical times the profession you entered, the amount of learning your received, the cultural milieu within which you functioned. Judges must take into account the cultural background and fundamental life-style of the litigants before them. Hence, in addition to the city courts, there were also tribal courts.

In addition, each tribe took responsibility for a specific aspect of life in Israel - from the agricultural, to the industrial, to the military.

The Bible records that the windows of the Holy Temple were transparent and opened to the outside, reminders that the Divine Presence rested in all of Israel. The lesson is a clear and obvious one: the sanctity of the Temple must look out and seek to inform and elevate every aspect of national and communal life, every one of the various tribes of Israel.

God is not merely our minister of religions; he is the king of all kings and master of all worlds.

Rabbi Shlomo Riskin is the spiritual leader of the Jewish community in Efrat, Israel.

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