The first two parts of this Parasha: The Shoftim and Tzedek (judges and justice) and secondly, The Mitzvot, (the obeying of the Sages) are the direct reason Judaism has survived in its entirety from a practical standpoint. Here’s why. The appointment of judges (shoftim) and officers (those that appoint them – shotrim), is a brilliant guarantee that laws shall be honored and behaviour shall be righteous.
The word mitzvot in this Parasha, needs to be read differently from its usual meaning: Commandments. Mitzvot in this Parasha means following or adhering to the laws of the Sages. “Lo, tasuh min ha-davar asher yigdu lecha yamin u-shmohl.” – “Don’t deviate from the thing which they tell you to the right or left.” Quite a puzzling statement. Maimonides explains this in his Code as: The Supreme Religious Court in Jerusalem is the root of the Oral Law. From them goes forth law and judgment to all of Israel. The Torah bids us repose our confidence in them, as it is stated – “According to the law which they shall teach you.” So in this Parasha we are told to adhere to the judgment of appointed judges and to listen to our Sages of our generation and to the Sages before our time. It is the perfect balance between daily and practical law through the Judges and Courts, and future by-laws and enhancements through our Sages. This is exactly what guarantees the perpetually enlightenment within Judaism.
The commandments of appointing officers who appoint judges in small towns, regional areas and the High Court, looks in hindsight normal to us. Isn’t that what we have today in this country? Then again, non-Jews will be the first to point out that our justice system today is based on Judeo-Christian values. And you can find it right here in Shoftim: the blue print for a fair and just societal system. It even points out how to judge. The Torah therefore makes every Israelite a potential candidate to be a judge. Shoftim is written for all of us - just like the rest of the Torah is - and therefore it becomes public knowledge how a judge will have to behave. One could say this is explicitly written so clearly in this Parasha, so that the rest of us will know how to judge a judge. Earlier in Parasha Devarim (1, 16-17) it is written: “And I charged your judges at that time, saying: Hear the causes between your brethren and judge righteously between a man and his brother, and the stranger that is with him. You shall not respect persons in judgment; you shall hear the small and the great alike. You shall not be afraid of the face of any man; for the judgment is God’s.” Repeated in detail in Shoftim: “Thou shalt not wrest judgment; thou shalt not respect persons, neither take a gift; for a gift doth blind the eyes of the wise and pervert the words of the righteous.” And then followed by something extraordinary: “Justice, justice shalt thou follow.” Twice the word ‘justice’. - “Tzedek, tzedek,…” Why twice? This can easily be answered from a grammatical point of view: What else can you say? You cannot write “more just” for that would expose ‘being just’ as something that can be limited. Justice is never limited; it must be 100% pure to be justice. So writing it twice underlines the huge importance that “tzedek” has and makes it indisputable and final.
The mitzvah (read literally: follow): To adhere to what the Sages command, has brought up quite a stir over the years. Especially the phrase; “…you shall not deviate from the thing which they shall tell you.” Rashi’s exposition of the following text (Sifrei) is puzzling: “…to the right or to the left.” – even if you are told that the right is left or the left is right! – how much more so if the right is right and left is left!” This statement of Rashi has caused questions like: Does that mean that if the Sages declare the clean unclean or vice versa, we should follow it? But Rashi sums it up as: …attribute it to your lack of understanding, not theirs, and follow their ruling.” Meaning: the left or the right is off the straighten path. It is used in Va’ethanan (Deut. 5.29) as the left or right of the straighten path in the words: “You shall not deviate to the right or left.” Nachmanides explains: “Even if you feel deep down in your heart that they (the Sages) are mistaken…as clear as the difference between your right and left hand, follow their instruction.”
This is why we say our blessings in the following grammatical order: Blessed art thou…who has hallowed us with His commandments and commanded us to…” – and where did He commanded us? In the text (Deut. 17,11) “According to the law which they (the Sages) shall teach you…you shall do.” By commanding this in Shoftim, HaShem insured a continuation of Laws, a complete system of balance and justice and the first and forever growing enlightenment among the Jewish people.
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