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August 16, 2007

Parshas Shof'tim 5767

Commentary by Rabbi Ephraim Nisenbaum
There are many laws intended exclusively for the leaders of the Jewish people. Because these individuals were granted special powers, they needed special guidelines to prevent them from misusing their positions and from becoming arrogant.

The judges, for example, are obligated to follow the majority ruling of the court. If a judge or Torah scholar, regardless of the caliber of his scholarship, defies and rules against a decision of the court, he is liable to be put to death. This uncharacteristically severe punishment is necessary to prevent the undermining of the court’s authority by other great leaders. This ensures that the court remain a central authoritative body, whose decisions are binding upon the entire nation.

The king was especially subject to his own obligations and prohibitions. In contrast to what was common among the other monarchs of the world, the Jewish king was not allowed to indulge in physical or material excesses, such as women, money or horses. The Torah warns that these excesses will inevitably lead the king’s heart astray.

The king was also required to write his own copy of the Torah to be carried on his person at all times. The constant reading of this Torah was meant to remind him to make G-d a part of all his activities and decisions, and not to allow his authority to get to his head.

Although a great value is attached to the Jewish leader, this in no way diminishes the value of the common person. The Torah describes an incident where a person was found murdered, and it is not known who the murderer is. The elders of the city nearest the location where the corpse was found were obligated to bring a unique sacrifice, seeking atonement. The sacrifice involved killing a young calf on a piece of virgin land. This land could never be sown afterwards. The killing of an animal which could leave no offspring, on a piece of land which could bear no fruits, and the necessity of atonement for an entire city, sharply brings into focus the tragedy of murder, where a human being has been robbed of his future.

The value of the individual may also be seen from another detail in this portion. Before going out to war, the people were instructed that anyone who had recently built a home, planted a vineyard, or had betrothed a woman, and had not yet had the opportunity to enjoy his new wife, home, or crop, was to return home. Because war carries the risk of losing one’s life, the Torah felt that these individuals deserved the right to be able to enjoy the fruits of their labor. This sensitivity to the individual is the hallmark of the Torah.

“...Justice, justice, shall you pursue...” (Deut. 16:20)

A person came to Rav Yisrael Salanter complaining how he had been wronged and insulted by his friend. The person felt he was justified in taking equally strong retaliatory measures. “Am I obligated to be another person’s doormat?”

Rav Yisrael responded simply. “If you are truly in the right, just make sure that you remain in the right.”

Many unjustified wars and disputes have begun over justified claims. It is very easy while seeking justice for the roles of victim and perpetrator to be reversed. The Torah reiterates that a person should pursue justice two-fold, meaning that even when pursuing justice it must be pursued in a just manner.

Did You Know...

Rosh Hashana is the day when each person is judged for the upcoming year, and on Yom Kippur one’s fate is sealed. The Rabbis encouraged being on one’s best behavior throughout the High Holiday period, in order to ensure a positive judgment. It is proper to be more scrupulous in all one’s dealings and observances, even in areas where one may not be as careful the rest of the year.

Some have the custom not to nap on Rosh Hashana day, in order to begin the year with a positive energy, such as Torah study or some other mitzvah. Of course if the alternative to sleeping is merely wasting time, it is certainly better to sleep.