11 Aug AND JUSTICE FOR ALL
This week, we read parshas Shoftim. It
speaks of the obligation to appoint honest,
ethical and moral judges.
Recently, I read an article by Eli Albrecht, a
DC-based lawyer. He writes of visiting the US
Holocaust Memorial Museum with a group of
fellow associates. A survivor spoke to them
about pre-Holocaust Germany. He told of a
Holocaust that did not begin with the camps.
It began with Jewish judges stripped of their
robes; Jewish lawyers being disbarred. A
discrimination that began quietly, almost
silently, with Jews being removed from
government institutions. Actions followed
by the Germans codifying laws that made
discrimination systematic and legal.
To Mr. Albrecht, a recent unsettling
development here in New York City brought
back haunting memories of the survivor’s
words.
The news reported that Mayor Mamdani
had appointed an 18-member Advisory
Committee on the Judiciary. A committee, in
his words, to be “truly reflective of New York
City”.
Reflective? In a city where there is a large
percentage of Jewish lawyers, the committee
did not include a single Jewish attorney,
former judge or law professor. Mamdani
couldn’t find a place for even one.
As Mr. Albrecht comments, this “does not just
hurt the Jews but hurts the city.” Let us hope
that this glaring omission is not reflective of
how Mr. Mamdani pledged to govern with
equality and justice, promises he made during
his mayoral campaign.
We read in the parsha the well-known verse,
“Tzedek, Tzedek tirdof, Righteousness,
Righteousness you shall pursue.” (Devarim
16:20). The importance of living with justice,
honesty and integrity. The Torah’s command
to pursue righteousness does not belong
only to judges, politicians, or lawyers. It is a
command directed to each of us.
Tzedek, Tzedek. Not once, but twice. The
double language intensifies the mitzva. When
it comes to living a righteous life, we must
strive to go above and beyond.
Righteousness in court, righteousness at
home. In public, in private. In business
matters, in personal matters. With friends,
with strangers. In thought and deed. Ibn Ezra
(1089-1167) teaches that the double language
implies that one must act with tzedek time
after time, be it to one’s advantage or not.
And, Reb Bunim of P’shischa (1765–1827)
explains that righteousness should be done
with righteousness. The end does not justify
the means.
According to the Talmud, after living out our
days, the soul appears before the Beis Din shel
Ma’aloh, the Heavenly Court. The very first
question asked is: “Nasasa v’nasata b’emuna,
Did you conduct your business with faith?”
Rav Avrohom Pam (whose 25th yahrtzeit
was commemorated this past Monday, 28 Av)
asks why the Gemara uses the term b’emuna,
with faith, and not b’tzedek, with honesty,
when it is referring to business dealings.
He explains that the word emuna is meant
to convey a powerful message. To imbue us
with a higher sense of ethics and morals. That
absolute emuna will never lead to true loss.
An understanding that while we do ours with
honesty and sincerity, it is all in HaShem’s
hands. A thought that gives us strength, no
matter what life brings.
There are many stories in the Talmud of those
who lived lives of integrity and high morals.
We learn of Rav Abba bar Aivu, who was
held in such high esteem that he was known
simply as “Rav”. In his younger years, Rav
rented a room from someone who showed
him much kindness and respect. Years
later, the man appeared in a court where
Rav was presiding. As he passed by Rav,
he whispered, “Do you remember how I
treated you when you were my boarder?”
Rav looked up and replied that he now had
to recuse himself from the case, since he
was reminded of past kindness.
A small story with a great lesson. Justice
means both sides must have equal standing
in court.
But how does the mitzva of living a life of
tzedek speak to us as ordinary people?
What would you do if you purchased
a second-hand car and found a sack of
jewelry in it. Through his example, Rabbi
Shimon ben Shetach gives us guidance. Rav
Shimon once purchased a donkey from an
Arab merchant. As Rav Shimon’s students
prepared the donkey for their teacher to
ride, they discovered a satchel containing
a valuable diamond around its neck. They
ran to their teacher, telling him about their
find, and how if he sells it, he will never be
lacking.
Rabbi Shimon told the students that while
that may be true, he bought a donkey, not
a diamond. While he would be able to do
many mitzvos and help others with the
proceeds of the sale, it will never cancel the
wrong of keeping the diamond.
Rabbi Shimon ben Shetach returned the
gem to its rightful owner, who quickly
pronounced, “Blessed be the G-d of Rabbi
Shimon ben Shetach”.
To do what is fundamentally right.
Righteousness with righteousness.
We learn from yet another Talmudic sage,
Rav Safra. He was known to stand by not
only his word, but his thoughts.
A customer once entered Rav Safra’s store
to make a purchase and offered a price. Rav
Safra was in the midst of saying the Shema,
and unable to respond. Taking his silence as a
“no”, the customer kept upping the bid. When
Rav Safra finished davening, he told the
customer that he agrees to the original offer,
being that he already accepted it in his mind.
We often think of honesty as what we
say to others. Rav Safra teaches us
something deeper: integrity begins with the
commitments we make to ourselves, even
when no one else knows what we intended.
To do the right thing.
The words Tzedek, Tzedek are followed
by the word tirdof, to pursue, a term not
commonly found in the Torah. We are not
merely told to value justice. We are told to
chase it. Imagine a powerful runner surging
forward, relentless and driven. Tirdof, to
pursue righteousness like a determined
runner racing to the finish line.
”Tirdof” is also used in Pirkei Avos, to
describe Aaron HaKohein’s life. “Ohev
shalom v’rodeph shalom, A lover of peace
and a pursuer of peace.” The Midrash tells
us that Aaron literally ran after people to
make peace between them. We find other
instances in Tanach where the word rodeph
is associated with shalom. “… sur mei’ra
va’asei tov, turn away from wrong and do
good, bakesh shalom v’rodphehu, seek
out peace and pursue it.” (Tehillim 34:15).
Perhaps it is to teach us a life lesson. If we
pursue tzedek, righteousness, shalom, peace
will follow.
We are beginning the month of Elul,
HaShem’s gift of time to us. A time to prepare
ourselves for Rosh HaShana. Let’s utilize
these days to work on the mitzva of living
a life of honesty and truth. And with that,
hopefully the bracha of shalom, peace in the
New Year will follow.
Shabbat Shalom and Chodesh Tov!