Who Judges the Judges?

The name of this week's parashah, Shof’tim, translates to “judges,” and could be interpreted as a precursor to the modern legal system. Parashat Shof’tim emphasizes the importance of intent, stipulates how many witnesses must be present, and outlines how judges should conduct themselves. As we witness Israel becoming a nation, it seems a natural next step to have a judicial system in place. This portion also contains the command, “justice, justice, shall you pursue, that you may thrive and occupy the land that the Eternal your God is giving you” (Deuteronomy 16:20).

The command "tzedek, tzedek tirdof" is not just an abstract concept, but the enduring truth of what the Israelites had to do in their day, and what we are obligated to seek in ours. This is not a time-bound mitzvah like sitting in the sukkah at Sukkot or lighting the candles on Shabbat. Those mitzvot are customarily done in a certain time frame. Justice is not restricted to one time or place. The same principles apply in our modern day as they did in this parashah. The importance of knowing justice is an essential part of who we are, as is the pursuit of justice. 

Justice and fairness give order to the chaos of society, whether in biblical times or modern-day America. When we are just and fair, we are following what God has instructed us to do and strengthening our peoplehood. Thus, this parashah makes me ask, “who decides what is just and fair, and how do we ensure this fairness?”

Theoretically, we all know that when God sanctions an appointment, it is a good one. But what if we misinterpret God’s will and appoint a judge who is not fair? People are flawed. Even the most equanimous of judges can fall prey to greed, improper influence, or the like. In American government, justices are appointed to the Supreme Court with lifetime tenure; who, then, is to ensure they do not veer from the path of justice?  The answer is that WE do. This is further evidenced by God’s commands being addressed to all the nation, the plural “you,” not just the heads of the tribes or specific individuals.

The message of Parashat Shof’tim is clear: to hold each other accountable and judge the judges. The people of Israel have the duty and responsibility to know and pursue justice.