1. THE GIFT OF JUSTICE
Regarding the verse, “Judges and officers shall you appoint in all your cities,” Midrash Rabbah states:
Rabbi Levi said: To what is this matter comparable? To a king who had many children, and he loved the youngest more than all the others. He had a certain orchard, and he cherished it more than all his possessions. The king said: “I will give this orchard that I cherish more than all my possessions, to my youngest son, whom I love more than all my children.” So, too, the Holy One, blessed be He, said: “From all the nations that I created, I love only Israel, as it is stated: ‘When Israel was a lad, I loved him.’ From everything that I created, I cherish only justice, as it is stated: ‘For I am the L-rd, who loves justice.’” The Holy One, blessed be He, said: “I am giving what I cherish to the people that I love.” Hence, “Judges and officers.”
We must clarify:
- The point of a parable is to add more explanation to the matter at hand. What exactly does this parable (“To a king who had many children... He had a certain orchard...”) add to our understanding of its application? More generally: The fact that a person gives something they cherish most to those they love most is obvious, and needs no parable!
- Simply put, “comparable to a king” doesn’t seem to make sense; isn’t this how any person would act?
- How can we say that “From everything that I created, I cherish only justice”? “Justice” is indeed something critical for the world’s survival, which is why Hashem doesn’t stand for actions that go against “justice.” Nonetheless, how can we say “From everything that I created, I cherish only justice”?
- By providing the example of “he loved the youngest more than all the others,” the Midrash implies that Hashem’s love for the Jewish people (“the people that I love”) which leads Him to give them “justice,” resembles the specific love towards a young son. For this reason, Rashi quotes (in the parable’s application) the verse, “When Israel was a lad, I loved him” (and not earlier verses found in the Torah itself: “Rather, out of Hashem’s love for you,” “because Hashem, your G-d, loved you,” and so on). This is because in our context (the establishment of a justice system), the love that Hashem has for the Jewish nation as “(Israel was) a lad” — a young son, is most relevant.
However, the opposite seems to makes more sense: “Justice” — “Judges and officers shall you appoint” — is connected with greatness generally, and specifically with greatness in intellect; as Rambam writes: “We appoint to a Sanhedrin... only men of wisdom and understanding, of unique distinction in their knowledge of the Torah and who possess a broad intellectual potential... as it states, ‘And they shall stand there with you.’ Implied is that they should resemble you (Moshe) in wisdom....”
2. THE UNIQUE BOND
We can offer the following explanation:
Simply understood, the Jewish people’s specific connection to “justice” (law) is not as pronounced as their connection to other aspects of Torah and mitzvos. Even though “He tells His words to Yaakov, His statutes and His ordinances — these are the laws — to Israel (specifically)” {implying that they have a special connection to law}, nevertheless, “the nations of the world were (also) commanded concerning laws, which is one of the seven mitzvos commanded to the children of Noach.” As for Scripture’s statement that “they {the non-Jews} do not know {His} ordinances,” {the Midrash explains that this} refers only to the “intricate details of the law.”
Addressing this, Rabbi Levi tells us that in fact, the opposite is true: “Justice” is something especially dear to Hashem, more than “everything that I have created,” and is therefore specifically designated for “the people that I love.” Thus, it follows that the connection between “justice” and the Jewish people is more profound than their connection to other matters of Torah and mitzvos.
However, we must understand the reason why “justice” is so dear, to the extent that because of this special affection, “justice” has a greater connection to the Jewish people than any other parts of Torah and mitzvos? As discussed above, the opposite seems to be true!
For this reason, Rabbi Levi prefaces with the parable of “a king who had many children... He had a certain orchard...,” where the example of an “orchard” is very precise and significant: The difference between an orchard and a field is that in an orchard, fruits grow — fruits of the tree — “which are not necessary to sustain a person’s life” but rather “are only for enjoyment.” On the other hand, in a field (primarily) grain grows, which is necessary “to sustain a person’s life.”
By providing this example, Rabbi Levi clarifies that we are not discussing basic “justice” in our context. Justice in general is indeed necessary for the world’s existence (as mentioned above). Rather, the discussion here is regarding a specific type of justice that, like an orchard, brings “pleasure.” (This explains why the verse emphasizes “For I am the L-rd, who loves justice,” since something pleasurable is connected with a feeling of love and cherishing.)
And this special type of justice is: a) given specifically to the Jews, and b) is connected to the fact that Hashem cherishes the Jewish people in a way that resembles the love for a young son specifically — “Israel was a lad, I loved him” — as will be explained.
3. TRUE DEFINITION OF A JUDGE
The explanation:
When it comes to justice, there are two general aspects, as the verse states, “judges and officers”: “Judges — who pass judgment, and officers — who impose authority over the people following the order of {the judges}... until the person accepts upon himself the verdict of the judge.”
Thus, it would seem that judges are merely “tools” who help make the laws of the Torah clear, known, and applicable to daily life. Since doubts can arise regarding what the law of Torah is, “judges” are necessary to help clarify the ruling of the Torah. The same is true of “officers.” They are needed to help enforce the ruling and law in practice “until the person accepts upon himself the verdict of the judge.”
It follows that officers are (in a certain aspect) more essential than judges, since they accomplish (the primary purpose and goal) that the individual “accepts upon himself the verdict.”
However, the Torah describes “judges” {in a different light altogether}. They are not only tasked with revealing and informing the public with clear directives, the laws and judgments of the Torah, but (also) have their own unique purpose and role. As Rambam describes the Great Court in Jerusalem — which was the mainstay and foundation for all judges “in all your cities”: “They are the essence of the Oral Torah. They are the pillars of instruction, from whom statutes and judgments issue forth for the entire Jewish people.”
In this description, Rambam highlights three elements (and stages) in the role of the Great Court: a) “They are the essence of the Oral Torah” — they are not just “pillars of instruction,” they represent the essence of the Oral Torah (meaning, they are not {just the authority} in terms of Torah’s instructions, but also in terms of the study and comprehension of Torah). b) “They are the pillars of instruction” — their responsibility to clarify the practical law of the Torah, practical instruction. c) “from whom statutes and judgments issue forth for the entire Jewish people” — their responsibility to ensure the instructions of the court go out and reach the entire Jewish nation.
4. MORE THAN INSTRUCTION
This highlights the difference between “judges” among the Jewish people, and “judges” among the other nations — “to set up judges and officers in every major city”; this is a fundamental and essential difference:
For the nations of the world, the role of their judges and officers is just to “render judgment concerning these six mitzvos and to admonish the people.” They were given laws in their complete and ready state. Not everyone, however, can independently determine the law accurately (using their own intellect), nor does everyone have the time {to figure it out}. Therefore, the public needs judges who study the laws and can inform the people of the appropriate law for each situation. (Additionally, these judges seek to ensure that these laws are fulfilled in practice — “to admonish the people”).
However, when it comes to the Jewish people, the judges’ primary role centers on “the essence of the Oral Torah.”
They were entrusted with the Written Torah so that they would study and explain it, {constituting} the Oral Torah. They have the power to not only clarify and break down the laws of Torah, but also (using the interpretive principles of Torah) to innovate in Torah.
And everything {that they teach is included within the verse’s mandate} — “you shall not turn from the word that they will tell you, right or left.”
This is what the Midrash means when it says “From everything that I created, I cherish only justice,” and that Hashem handed justice and law over to the Jewish people: We aren’t talking about the implementation of law and justice in a general sense (something that exists among the other nations as well). Instead, we are referring to the innovative element within “justice,” the intellect and wisdom of the Oral Torah. This aspect of justice isn’t there to inform us what we need to do to {help sustain} the world, but rather transcends (and is therefore more cherished by Hashem than) “everything that I created,” and was given to the Jewish people, as discussed above.
5. THE ESSENTIAL BOND
Accordingly, we can also understand why this aspect of justice is connected with the cherishing of the Jewish people as “Israel was a lad” specifically:
When it comes to clarifying the laws of the Torah, the primary factor needed is indeed the person’s greatness in intellect and wisdom, as mentioned above. However, the fact that Hashem “entrusts” the Torah, so to speak, to the (judges of the) Jewish people, and in a way that they are “the essence of the Oral Torah,” is not because of their great intellect or wisdom, but because “Israel and the Holy One, blessed be He, are entirely one.” The Jewish people are, so to speak, one with Hashem, the Giver of the Torah.
To illustrate this, the example of the cherishing of a young son is given specifically. A father’s love for his young son is not based on his son’s qualities (especially revealed ones), as the son is still young. This love exists because they (the father and the son) are of one essence.
Similarly, regarding the Jewish people: There is an aspect of Hashem’s cherishing of the Jewish nation due to them being “a wise and understanding people.” However, Hashem’s essential love for the Jewish nation is connected with their very essence (not obscured by their qualities, and the like); they are “a lad.”
In practice, this is revealed within the Jewish people when they consider themselves small, practicing humility — “you diminish yourselves.” Through this humility, the Jewish people become, so to speak, the “owners” of Torah.
Because of this, the connection that the Jewish people have to justice is much deeper and stronger than their connection with other aspects of Torah or mitzvos. This is because in reality, the innovation of justice reflects the “essential quality” of the Jewish people, the fact that they are one essence, so to speak, with Hashem, the G-d and King of justice.
This also clarifies why the parable of a king was brought. This is because in the application, the Jewish people receive (not only something cherished, but) something that only a king can give: the “ownership” of justice, which comes (as mentioned above) from the G-d and King of justice.
6. THE IMPORTANCE OF UNDERSTANDING
The above-mentioned aspect of “justice” — being that it’s a general principle that encompasses (and permeates) all Torah and mitzvos — manifests within each person’s fulfillment of every mitzvah. The explanation:
The difference between “judges” and “officers” mirrors the difference between “we will do” and “we will listen”: The role of “judges” is “we will listen” — they understand Torah and transmit its teachings to the public. “Officers,” on the other hand, facilitate “we will do” — they ensure the actual implementation of Torah and mitzvos. This includes “action” {מעשה} in the sense of compulsion (as officers do), which broadly represents the concept of kabbalas ol.
We could mistakenly think that “we will listen” doesn’t have its own independent substance or purpose, and is only needed as a preparatory step to perform the mitzvos. Addressing this, the above-mentioned Midrash teaches that Hashem commands that there must be “we will listen” (judges) as a service in its own right.
This is also one of the reasons why the order is “we will do and we will listen” (“we will do” before “we will listen”): This order is not only to ensure that “we will do” — the service of kabbalas ol — will be in its full strength and perfection without the interference of the intellectual reasons of “we will listen.” This is also for the sake of “we will listen” itself:
When “we will listen” comes before “we will do,” “we will listen” can be seen as solely preparing the person for “we will do” — “study leads to action.”
However, when “we will listen” follows “we will do,” and comes after the action has already been “done,” it becomes clear that “we will listen” (is not just for the sake of “we will do,” but) is an independent service that has its own individual purpose.
This {independent value of “we will listen”} stems from the fact that Hashem’s ultimate endearment and pleasure {from our service} comes when the Jewish people also understand and comprehend the Torah and mitzvos that they perform. Hashem desires to have a dwelling place in the lower realms, and that all aspects of the “lower realms” become a “dwelling” and vessel for G-dliness. When a Jew only operates with “we will do” — practical action, kabbalas ol — his service expresses self-nullification, but this approach doesn’t fully penetrate his entire being, including his inner faculties.
In order for Hashem’s desire for “a dwelling place in the lower realms” to be fulfilled, a Jew’s self-nullification to Hashem’s will is not enough. He must ensure that he, and every aspect of his being, becomes a “vessel” (“dwelling place”) for holiness. This {transformation} happens specifically when “we will listen” — the dimension of understanding and comprehension — is (also) present (within his inner faculties).
7. WILL VS. PLEASURE
Just as there is an advantage in the study (and understanding) of the Torah (“we will listen”) over fulfilling the mitzvos, similarly, within the fulfillment of each mitzvah there are two dimensions {— and here too, a corresponding advantage exists}:
As is known, there are two types of intentions for mitzvos: a) the general intention that is the same for all mitzvos (and part of the universal blessing formula) — “who has sanctified us with His mitzvos and commanded us” — to fulfill Hashem’s will, and accept the yoke of His mitzvos; b) the specific intention connected with the particular purpose and unique quality of the specific mitzvah being performed — {for example} “to put on tefillin.” [To illustrate {a specific intention}: the 248 positive mitzvos correspond to the 248 limbs, and the 365 negative mitzvos correspond to the 365 sinews. Each mitzvah purifies its corresponding limb and part of a person].
This specific intention falls under the category of reason and understanding.
The difference between these two intentions corresponds with the two aspects within mitzvos: a) Hashem’s desire for mitzvos; and when it comes to will, there is no differentiation, and thus all mitzvos are equal. b) Hashem’s pleasure (the inner aspect of Hashem’s desire for mitzvos) which differs in relation to each mitzvah.
[This aligns with the difference between desire and pleasure in the human experience. When it comes to a person’s desire, there is no differentiation — the (strength of his) will is the same across all desires. With pleasure, however, there is {clear} differentiation, and each of his faculties experiences a different type of pleasure].
Therefore, there is an advantage in the specific intention of mitzvos over the general intention. This is because within this intention lies Hashem’s pleasure (as mentioned above, that “Hashem desired” specifically for a dwelling place in the lower realms, which is fulfilled through drawing Him down into our inner faculties [as well]).
8. HASHEM’S ESSENCE
Although every mitzvah has the quality of “justice” (due to the specific intention and content of the mitzvah), it still doesn’t reach the same level of virtue as “justice” itself.
This is because the Divine pleasure invested in mitzvos (in each mitzvah a different kind of pleasure) is merely a glimmer of Hashem’s pleasure, which is one with His Essence. Hashem Himself is totally beyond definition, and there is no division within Him whatsoever. However, He is the “source of pleasures,” from which is drawn “a glimmer into the mitzvos; each level according to its rank.”
This is the unique role of “justice.” “Judges and officers you shall appoint for yourself” refers (not to the specific process of justice, but rather) to a more general application that relates to all of Torah and mitzvos (as explained at length in Section 4). Regarding this level, we say “I am the L-rd, who loves justice,” for it reveals (not only a reflection of Hashem’s pleasure, as there is in every mitzvah, but rather) the source of pleasures, the “desire” of Hashem’s Essence.
This also explains why justice is granted to the Jewish people specifically because {of the declaration}, “Israel was a lad, I loved him” — that is, owing to their (virtue of) smallness and self-nullification. This is because our connection with the source of pleasures is not maintained through a service based on reason or the experience of pleasure — where our existence is consciously felt — but rather, quite the opposite: specifically through simplicity do we connect with the Simplicity above {Hashem’s Essence}.
9. THE SHOFAR CONNECTION
Parshas Shoftim is always read at the beginning of the month of Elul.
In most years, Shabbos parshas Reeh is still in the month of Menachem Av, occurring on the Shabbos that blesses {precedes} Elul; and even when it occurs on Rosh Chodesh Elul, it falls out on the first day of Rosh Chodesh (the 30th of Menachem Av). However, the first day of Elul is always within {the week of} parshas Shoftim.
Thus, it’s clear that the above-mentioned idea regarding judges has a special connection to the month of Elul, during which one of the Jewish customs (starting from the first day of Elul) is the blowing of the shofar.
We find two {seemingly} opposite aspects within the shofar: “Shofar” comes from the word “improve {shifru} your deeds” and is connected with pleasure; and on the other hand, the sound of the shofar instills fear and trembling (the opposite of pleasure).
The Tzemach Tzedek explains that “shofar” represents the level of the “source of pleasures,” which completely transcends the manifestation of pleasure. Therefore, it instills fear and trembling within the person, since the revelation of the source of pleasures is tied to nullification and simplicity, as discussed above.
