Persuaded by Ourselves
Parshas
Shoftim
Posted on September 6, 2019 (5779) By
Rabbi Label Lam | Series: Dvar Torah
| Level: Beginner
You shall not pervert
justice; you shall not show favoritism, and you shall not take a bribe, for
bribery blinds the eyes of the wise and perverts just words. (Devarim 16:20)
Bribery is a very
powerful force. Even wise people can fall under its spell and even just words
can become twisted. The Torah understands that we are not strictly logical
creatures but rather we are psychological beings. The Torah describes it as a
subtle blinding agent to be weary of.
I heard a story about a
man who wanted to visit his friend who was sick on Shabbos. He wondered to
himself if visiting him would be more of a disturbance and a burden or a
relief. He discussed it with his wife but she had no clear way of knowing
whether a Shabbos visit would cross the line of showing concern and enter the
realm of being intrusive. Shabbos afternoon this man disappeared for many hours
into the frigid and snowy day.
When he returned home
covered in snow his wife asked about his friend’s welfare assuming that he had
gone to visit his ailing friend. Surprisingly he told her that he had no idea
how his friend was feeling. Puzzled, she asked him where he had disappeared to
for so many hours. He told her that he had in fact taken a long trek to his
friend’s house. Again she asked him about the man’s welfare and he told her
that he did not enter to visit him. Then he explained his seemingly bizarre
behavior. He said that since he was doubtful about whether or not it would be
helpful to visit he was concerned that if he decided not to go from the comfort
of his warm home where his shielded from the harsh wintry elements, perhaps his
decision would not be based upon what is best for his friend but rather on his
desire to stay warm and dry.
So he decided that it
would be best, more honest of him, if he walked all the way to his friend’s home
and from there he would decide what’s best. When he stood outside of the house
he thought it more objectively and decided it was better not to disturb his
sick friend on Shabbos! Now that shows a profound understanding of what bribery
can do to the mind of a man.
The Mesilas Yesharim
states, “…the material and physicality of this world – it is darkness of night
to the eye of the intellect, and causes him to err on two fronts: Thus the
simpletons walk confidently, and fall and are lost without having felt any
prior fear…For they feel as secure as an edifice and they fall before having
any knowledge whatsoever of the stumbling block. Now, the second error, and
this is even worse than the first, is that [the darkness] distorts their sight
until they literally see evil as if it were good and good as if it were evil.
Thus they strengthen in clenching to their evil ways. For not only do they lack
the [proper] vision to see the truth, to perceive the evil right in front of
their eyes, but they also see fit to conjure up great proofs and convincing
evidences to support their evil logic and false ideas.”
The mind of people is constantly being bribed and blinded. It
helps for a person to be aware of this fact. If a person is truly blind, and he
realizes it, he can seek help and find someone to advise him to navigate the
darkness. The second type of blindness is far more dangerous. He’s worse than
Mr. Magoo behind the wheel. Not only is he legally blind but he thinks he can
see, and he’s drunk too with his false and self-serving idealism.
The Dubno Maggid told a Moshol of a man tramping through the
woods and noticing all around him on trees high and low, there were bulls eyes,
and in the center of the center of each bulls eye was an arrow shot with force.
He became curious to discover who it is that can hit the center of the target
every time. Then he met a chap with a quiver and a bow. He asked him, “Are you
perhaps the author of all these center shots?” Proudly he nodded yes. Then he
asked the marksman, “How do you manage to hit the center every time?” The man
answered, “It’s really quite easy! First I shoot the arrow, and then I paint
the bulls eye!”
He’s quite dangerous, but he sure knows how to make himself
look and feel right. First one acts, however unjustly, and brilliantly
justifies himself. Then he defies all standards of rationality and with genius
rationalizes. It may be wise to not be so persuaded by ourselves.
All that Glitters is Not Gold
Parshas
Shoftim
When the Torah tells us
two things in practically the same breath, we can be sure that they are very
closely related. Yet sometimes the connection is somewhat obscure, and we are
completely dependent on the guidance of the Talmud to enlighten us.
In this week’s Torah
reading, we are instructed to appoint judges of the highest integrity, people
who are honest, upright and unwavering, people who would never consider taking
bribes or otherwise corrupting the process of justice. Side by side with these
laws is the prohibition against planting an asheirah tree, a species commonly
worshipped in the pagan societies of the Near East.
What is the connection
between these two apparently unrelated topics?
The Talmud tells us
that the appointment of an unworthy judge is comparable to planting an asheirah
tree.
Illuminating but not
completely enlightening. The corruption of justice and idolatrous practices are
both unarguably very grave transgressions, but how are they related to each
other? What specific kinship places them on a common ground?
The commentators explain
that the asheirah tree has marvelous natural beauty, as do all the other trees
the Creator implanted in this world. But through their idolatrous practices,
people have transformed this thing of pristine beauty into an abomination.
Although the asheirah tree still retains its enchanting exterior, its very
essence has been corrupted, and therefore, it is forbidden to plant such a
tree. The Torah compares people to “the trees in the field.” People are also
dominant and exceptionally beautiful fixtures on the natural landscape of the
world. Some of them, endowed with special talents and abilities, are even more
outstanding. They exude an aura of wisdom and integrity that seem to make them
ideal choices to serve as the magistrates of society.
Beware, warns the
Torah. Do not be taken in by exterior appearances. This seemingly ideal
candidate for judicial office may be nothing more than an asheirah tree. If he
is guilty of the slightest bribery or any other subversion of perfect justice,
he has become an abomination, and all his cleverness, wisdom and charisma mean
nothing.
A king was seeking a
suitable candidate for a ministerial office which had become vacant. He invited
a number of promising government officials to his palace for a conference on
the pressing problems facing that ministry. The most knowledge official would
be offered the post.
The king prepared a
royal table for his guests, with the finest foods and beverages and an
assortment of exotic fruits which could not be found anywhere else in the realm.
At the conference, one
official in particular stood out among all the rest. He was a highly personable
man who spoke with eloquence, wisdom and wit. His grasp of the issues and
problems was exceptional, and the solutions he offered were clever and insightful.
After an hour, it seemed a forgone conclusion that he would be chosen, but to
everyone’s surprise, the king chose another man.
The disappointed
candidate approached the king. “Your majesty, why was I passed over for the
post? Am I not the most qualified by far?” “Take out what you have in your
right pocket,” said the king.
The man flushed
crimson. He reached into his pocket and pulled out a persimmon. “Your majesty,
for such a minor matter I lost the post?” he said. “It is nothing but a tiny
fruit that I wanted to take home to my family.”
“It is indeed a very
minor thing,” said the king. “And if you had asked, I would surely have given
you a basketful to take home. But when I saw you slip that persimmon into your
pocket I knew I could never trust you.”
In our own lives, we are all impressed by the glittering
people we encounter, people who sparkle with personality, wisdom, talent and
extraordinary accomplishment. But those are not necessarily the best people. We
wouldn’t buy a car without taking a good look under the hood. In the same way,
we should not invest admiration in these glitterati without asking ourselves if
there is true goodness behind the façade, if there is kindness, humility and
integrity. Those are the qualities we should admire and emulate. Those are the
qualities that will make us better people.
Text Copyright © 2008
by Rabbi Naftali Reich and Torah.org.
Rabbi Reich is on the
faculty of the Ohr Somayach Tanenbaum Education Center.
Less is More
Parshas
Shoftim
Posted on August 10, 2010 (5770) By
Rabbi Berel Wein | Series: Rabbi Wein
| Level: Beginner
The pursuit of justice
is never-ending and true justice in its ultimate sense is rarely if ever
achieved. Is there any punishment that truly deals with murder or terrible
physical or sexual abuse? Ultimate justice is located in a realm that we are
not privy to nor do we understand in any fashion or way.
Yet in this week’s
parsha the Torah demands that we continue in our pursuit of justice even though
we may be aware that the ultimate goal is beyond our powers and abilities. The
Talmud interprets this pursuit as being defined, in a practical manner, to
finding the best possible court of justice to appeal to for justice.
There is no perfect
court, for it is made up of fallible individuals, so the Talmud only advises us
to find the best possible courts that exist at that time and place. It lists
the recommended courts and leading justices of its day, but every generation
has to continue its own search for the best courts and justice systems
available.
The pursuit of justice
is an unending one but one that is the most vital component of a positive and
harmonious society. A society that does not respect or trust its judicial
system and its judges to be fair and efficient eventually disintegrates into
lawlessness and resulting dictatorship and oppression.
The rabbis of Midrash
and Talmud commented regarding the opening verse in the book of Ruth which
speaks about the era of the Judges of Israel after the death of Yehoshua, “woe
to a generation that continually judges its judges negatively!” That is a
warning that should be taken to heart equally by the judges of the generation
and their public society.
Because of the difficulty that always arises in attempting to
achieve any modicum of true justice in civil disputes – and with Jewish
society, for good or for better, a litigious society – the Talmud advocated
mediation and arbitration as being the better way to solve disputed monetary
issues.
All lawyers in the United States are well aware of Lincoln’s
statement that “a poor settlement of a case is still better than a good
lawsuit.” Unfortunately, that does not appear to be a widely accepted tenet of
behavior in the current increasingly aggressive methodology in the practice of
law. Compromise forces us to acknowledge our imperfections and our inability to
arrive at true and ultimate justice on our own.
The rabbis of the Talmud again stated that a good and fair
court composed of pious scholars will be granted Divine assistance in rendering
its decision in a case that actually goes to final trial and judgment. Even
such a court cannot achieve ultimate justice by its own human means. Divine aid
is required to approach a fair and equitable decision in judicial matters.
Since Divine aid is never guaranteed to any human endeavor,
the rabbis strongly urged the idea of compromise and settlement for all issues
in human dispute. The rabbis in Avot characterized the idea that “what is mine
is mine and what is yours is yours” as possibly being a trait of the wicked
people of Sodom. It allows no room to compromise and to move on in life. And,
perhaps, that is the most practical type of justice – the idea of compromise
and the realization that most instances in life less is more – that any human
society can accomplish.
Shabat shalom.
Rabbi Berel Wein
Rabbi Berel Wein
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