Pursuing Justice Justly

“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. Justice, justice shall you pursue, that you may thrive and occupy the land that Adonai your God is giving you.” (Devarim 16:18-20)

It is hard to read this week’s parasha and not relate it to current events here, in Israel, and around the world. I thought about some meta-questions about this text, not exactly about the content of it, but about its conception, helping us to move away from a literal reading: What was their political and social context? What was the role of religion in their society?

We claim that the Torah is eternal, and its wisdom is still relevant for our days. In order to hold that claim, it is important to understand the challenges of these meta-questions and be aware of the problems we face when reading the Torah in the light of current events. A literal reading, without putting it into perspective and reality, can lead to religious fanaticism. A full relativist reading, can lead into nihilism, the rejection of all religious and moral principles, for being outdated or just nor relevant anymore.

It is a counter cultural move to still look for wisdom in our tradition and ancient books and not fight for a religious supremacist truth. This is the rabbinic enterprise throughout the ages: through study and devotion, find meaningful ways of connecting our ancient wisdom to our lives. From the Talmud, dealing with the massive exile and displacement of an entire people, mourning the destruction of the house and longing for the time to come back, the sages have been charged with this mission. In modern times, reform, conservative, Zionism, Hasidism, they are all ways of keeping this covenantal mission alive.

Thankfully, we do not live in a society governed by one religion, but on the contrary – freedom of religion is a key element of western civilization since the enlightenment. Every individual has the right to believe and practice - or not believe and practice at all – their religion according to their will. As modern Jews, we support this model that saved us from persecution and has granted us freedom and rights. At the same time, we need to be engaged in the civic arena, bringing our voices as legit citizens to be part of these conversations, carrying with us our values as Jews. We need to separate the institutionalize religion from the political institutions, but we cannot separate our religious moral duties to the work we are expected to do as members of our society, whether we do them within the political realm or not.

So what is the Torah trying to tell us about our commitment to justice and how we can achieve it in practical terms? I want to share with you two different answers that our tradition has offered, as ways to fulfill the commandment of “justice, justice you shall pursue” outside the original context of the Torah, focused on the settlement of Bnei Israel in the land of Canaan millennia ago. In search for meaning of the repetition of the word Justice, the Talmud offers some wisdom: “Rav Ashi says: One (mention of Justice) is stated with regard to judgment, in which the court must pursue justice extensively, and one (mention of Justice) is stated with regard to compromise.” (Sanhedrin 32b)

The Talmud goes on with practical examples of compromise that were applicable to their audience: “Where there are two boats traveling on the river and they encounter each other, if both of them attempt to pass, both of them sink, as the river is not wide enough for both to pass. If they pass one after the other, both of them pass. And similarly, where there are two camels who were ascending the ascent of Beit Horon, where there is a narrow steep path, and they encounter each other, if both of them attempt to ascend, both of them fall. If they ascend one after the other, both of them ascend.” (Sanhedrin 32b)

Compromise is the key to fight fanaticism. A society that strives for compromise is on the way to find mutual understanding and empathy for each other. Justice isn’t a game to win or lose, justice is an ideal that will help us create a better society for all.

There are definetely moments where we should not compromise. It doesn't mean that we need to give up our causes when we were wronged. On the contrary, we need to fight for justice even more in those cases. I'm trying to call our attention to how we engage in the search for justice, aiming to understand that maybe more than one side was wronged and might deserve to be listened to as well. And in this process, we need to be humble and do the deligent work to check ourselves, for any possible mistake we have commited as well. As the Hasidic master, Rabbi Simcha Bunim of Peshischa taught: “Justice, justice you shall pursue: With justice, you shall pursue justice. Even the pursuit of justice must employ only just means, and not falsehood.”

In making Torah meaningful for his days, the Hasidic master made Torah wisdom also eternal. It is our task to find the timeless wisdom in it and not use it only for the sake of our own truths or personal goals. It's not only about Justice, but more than that, how we achieve Justice.

May we all find ways of Justice during the month of Elul, as we prepare to judge ourselves as we encounter the Divine Justice in the High Holidays.

Chodesh Tov

Rav Natan Freller