The Gift of Justice

The Midrash[1] comments on the opening words of the portion Shoftim - "Appoint yourselves judges and police"[2] - by noting: "R. Levi said: 'This is analogous to a king who had many children and loved the youngest most of all. He also had one orchard that he loved above all others. The king said: "I shall give my most beloved orchard to my most beloved son."

"So too did G-d say: 'From all the nations that I created, I love the Jewish people,' as the verse states:[3] 'For Israel is a lad and I love him.' "From all that I created, I love justice," as the verse states:[4] 'For I am G-d who loves justice.' "

'Said the Holy One, blessed be He: "I shall give that which I love to the nation whom I love." Thus - "Appoint yourselves judges and police."

Why does the Midrash take pains to use a king for its analogy; it could seemingly have mentioned any father who had many children and many orchards?

By stating that he "loved the youngest one most of all," the Midrash gives us to understand that the extra measure of love felt for the Jewish people - for which reason He grants them the gift of "justice" - is because one's youngest child is the most cherished. This is also why, in the analogy, the verse quoted is "For Israel is a lad and I love him."

But in truth, the opposite is the case: Justice relates to maturity and intellectual attainment, not the naiveté of youth.

Justice, as the Torah states, is composed of "judges and police - justices who rule on matters of law, and police who insure that the judgments are carried out."[5]

At first glance, magistrates seem to merely clarify the laws of the Torah, but, in truth, their role is much more prominent. Thus, the Rambam defines[6] the role of the High Court in Jerusalem - the mainstay and fountainhead of all other courts: "They are the interpreters of the Oral Torah; they are the pillars of practical law; from them law and justice emanate to all of Israel."

The Rambam here defines three aspects of the High Court's role:

1. "They are the interpreters of the Oral Torah," referring to the study and understanding of Torah in general, not only as it applies to practical law;

2. "they are the pillars of practical law," referring to the clarification of the laws and the issuing of new rulings;

3. "from them, law and justice emanate to all of Israel" means that the High Court is to see that its rulings reach all Jews.

Thus, according to the Rambam, Jewish magistrates and judges are entrusted with learning the Written Torah well enough that they can analyze and expound upon it, this being the essence of the Oral Torah. In other words, they are empowered not only to clarify the Torah but also - in keeping with its general principles and laws - to devise new legislation.[7]

This, then, is what is meant by G-d giving justice and rule to the Jewish people: Jewish judges are not only expected to enforce justice - something incumbent on the judges of other nations as well - but are entrusted with the intellect and wisdom of the Oral Torah.

This is why this aspect of justice and rule was given to the Jewish people; they are loved as a "lad." For the fact that they were trusted to the degree that they are "the interpreters of the Oral Torah," is not a reflection of their wisdom or intellect, but comes because they are wholly one with G-d, the Giver of the Torah.[8]

This is why the analogy refers to a young child, for the love of a father for his young child does not have to do with any of the latter's qualities - he is too young to have them. Rather, it is because father and son are of one essence.[9] So too, this awesome power within Torah was given to the Jewish people because of their unity with G-d.

This also explains why the analogy refers to a king. The gift involved is one that can only be given by a king; only one who is King of Justice has the ability to bestow such a mighty gift.

Based on Likkutei Sichos, Vol. XXIX, pp. 95-99

   

Notes:

1. (Back to text) Devarim Rabbah 5:7.

2. (Back to text) Devarim 16:18.

3. (Back to text) Hoshea 11:1.

4. (Back to text) Yeshayahu 41:8.

5. (Back to text) Rashi, Devarim 16:18. See also Tanchuma, Shoftim 2.

6. (Back to text) Beginning of Hilchos Mamrim.

7. (Back to text) See Hemshech 5666 p. 383ff.; p. 303ff.

8. (Back to text) See also Likkutei Sichos, Vol. XIX, pp. 386-7 and fn. 54.

9. (Back to text) See Ki Naar Yisroel 5666, p. 553; Likkutei Sichos, Vol. XXI, p. 20ff.

---

The Jewish King - The Heart of the Jewish People

In the Torah portion Shoftim, we learn the laws relating to the appointment and conduct of a Jewish king.[1] Concerning a Jewish monarch's character, the Rambam states:[2] "His heart is the heart of the entire Jewish people."

The simple reason[3] for a king being called the heart of the Jewish people is because the vitality of any living body is dependent upon the vitality of its heart.[4] So too, the entire people are dependent upon their king.[5]

But although the heart does indeed play a primary role in providing life to the body, the brain is even more vital, responsible as it is for the vitality and conduct of the entire body, including the heart.

Why then does the Rambam liken a king - whose purpose is to lead and direct the people ("Who brings them forth and leads them, like a shepherd who leads his flock"[6]) - to the heart and not the brain?

Aside from the king's role in leading the nation in battle and conducting the affairs of state, there is another aspect to his kingship: all his needs and desires are to be met by his subjects.[7]

This latter feature highlights a contradiction: On the one hand, it demonstrates the awesome power of a king, that the entire nation and all its possessions are subject to his desires.

On the other hand, it points to a king's inherent weakness in comparison to his subjects: the king is entirely dependent upon their gifts for the fulfillment of his needs, while they gain their livelihood as a result of their own work.

The reason for this apparent contradiction is that, since a Jewish king's primary responsibility lies in serving his subjects, he receives his needs from them.

The reason why a king is likened to the heart and not to the brain will be understood accordingly. Among the major differences between the heart and brain are the following:

1. the heart is constantly in motion, while the brain remains motionless;

2. the brain is a hardier organ, much less likely to give out than the heart.

These two characteristics are linked. The heart's entire function is to pump life-giving blood throughout the body. As such, it is constantly in motion, and carrying out its purpose of providing life to the other organs. Moreover, since the heart exists only for the sake of the other organs, it is inherently "weak."

The brain, however, although the source of life for the entire human organism, remains aloof from it, existing as an entity unto itself. It is therefore motionless, not having to demonstrate its interaction with the other parts of the body. Furthermore, since it possesses independent existence, it is much hardier than the heart.

A king is thus likened to the heart and not to the brain. He constantly works for the welfare of his subjects, whom he serves - as the heart's purpose is to serve the body. And like the heart, there is a "weakness" in his existence: he must depend on his subjects for his needs.

This also helps us understand why Jewish kings were not permitted to be members of the Sanhedrin, the Jewish supreme court.[8] The king was wholly immersed in providing for the ongoing needs of his people. As such, he was not free to adjudicate the laws of the Torah. It was the Nassi, the spiritual head and "brain" of the Jewish people and leader of the Sanhedrin, who rendered Torah rulings; the king acted as the nation's heart.

Based on Likkutei Sichos, Vol. XIX, pp. 165-169

   

Notes:

1. (Back to text) Devarim 17:14-20.

2. (Back to text) Hilchos Melachim 3:6.

3. (Back to text) See also Bechaye beginning of Beshallach and Abarbenel on Devarim 17:14-20.

4. (Back to text) See Zohar, Vol. III, p. 221b; Iggeres HaKodesh, Epistle 31.

5. (Back to text) See Teshuvos HaRashba I, sec. 148; Iggeres HaKodesh, beginning of Epistle 29.

6. (Back to text) See Pinchas 27:17.

7. (Back to text) See Rambam, Hilchos Melachim, ch. 4.

8. (Back to text) See Sanhedrin 18b; Rambam, Hilchos Sanhedrin 3:4-5.