Shoftim, Deuteronomy 16:18-21:9 – Parashat ha Shavuah for Saturday, August 14, 2021

The events of the past few years have reminded us, once again, that we do not have one system of justice in the United States, but two: one for the wealthy and another for everyone else. 

We are still reeling from the continued displays of violence against people of color by law enforcement. Even if individual officers are decent, often the systems in which they operate drive them to treat young or non-white citizens much more violently than older, white inidividuals, often with tragically fatal resuts. While individual drug dealers get harsh sentences, as they should, for their crimes, the Sackler family, makers of Oxycontin, and through the efforts one of the major contributors to the opioid epidemic in our country seem to have escaped any personal criminal charges and will emerge from litigation with their fortune more or less fully in tact. So it goes, demonstrating that we have two systems of justice. 

Our Torah teaches a very different value: “Justice, justice shall you pursue, that you may thrive and occupy the land that the LORD your God is giving you.” (Deuteronomy 16:20) Whenever a word is repeated in Torah our sages saw this as a demand to interpret the text. 

Commenting on this verse, Reb Yaakov Yitchak of Peshischa (19th Century Poland) wrote that the repetition of the word justice teaches us that we must pursue justice, justly. That is, we must employ just means to achieve just ends. 

Ibn Ezra (12th Century Spain) comments, “one should pursue justice whether one gains or loses.” In other words genuine justice transcends our personal interest. 

Finally, Rashi, the great 12th Century German Torah commentator writes, “The appointment of honest judges is sufficient merit to keep Israel in life and to settle them in security in their land.” By this he means that true justice, i.e. fairness that everyone can trust in, is what ensures social stability. 

We should remember this whenever we see injustice being done in our name. Are we doing everything we can to make sure that our society is pursuing just outcomes and doing so in a just manner?

  ~Rabbi Dean Kertesz