August 18, 2023 /1 Elul 5783
Solomon reading from the Torah of Moses , “North French Hebrew Miscellany,” illuminated manuscript, late 13th C., The British Library
A delicious Talmudic passage digs into the meaning of Parashat Shoftim’s most famous sentence.
When the verse states: “Justice, justice, shall you pursue,” one mention of “justice” is stated with regard to judgment and one is stated with regard to compromise. How so? Where there are two boats traveling on the river and they encounter each other, if both of them attempt to pass, both of them sink, as the river is not wide enough for both to pass. If they pass one after the other, both of them pass. And similarly, where there are two camels who were ascending the ascent of Beit Ḥoron, where there is a narrow steep path, and they encounter each other, if both of them attempt to ascend, both of them fall. If they ascend one after the other, both of them ascend. How does one decide which of them should go first? If there is one boat that is laden and one boat that is not laden, the needs of the one that is not laden should be overridden due to the needs of the one that is laden. If there is one boat that is close to its destination and one boat that is not close to its destination, the needs of the one that is close should be overridden due to the needs of the one that is not close. If both of them were closeto their destinations, or both of them were far from their destinations, impose a compromise between them to decide which goes first, and the owners of the boats pay a fee to one other,i.e., the owners of the first boat compensate the owner of the boat that waits, for any loss incurred. [Talmud Bavli, Sanhedrin 32b]
On one level, the Talmudic teachers seek to explain the verse’s double use of the term ‘justice’ (tzedek in Hebrew). Beautifully, their solution reveals a truly inspiring understanding of the underlying purpose of laws and legal systems. For the rabbis, there are two kinds, or two distinct layers, of justice. The first (‘judgment’ in the Talmud’s language – din in Hebrew) is a determination of who’s right and who’s wrong, of which side wins and which loses. The second, which the rabbis call ‘compromise’ (p’shara in Hebrew), describes the working out of a situation such that everyone benefits. ‘Win – Win’ in our contemporary parlance; no one loses, everyone goes home happy.
Debates about justice and systems of justice fill our airwaves, inboxes, and social media feeds these days. Israelis are engaged in a furious public debate about the very nature of their democracy and the proper shape of their judicial and legal system. And at the same moment Americans confront, and strive to make sense of, the reality of a past President under indictment, accused of criminal acts meant to subvert and undermine our democracy. It is not a simple moment, to be sure. And yet, we are called upon to assess, to evaluate, to judge.
Tzedek, tzedek tirdof says the Torah. ‘Justice, justice shall you pursue.’ Which level? What kind? If one side wins, does everyone lose? Is there a way for all to go home happy? Parashat Shoftim invites us into that conversation; and we have much to ponder and struggle with. My hope is that the Talmud’s commitment to a complex and layered understanding of justice and of law can be our guide.
Shabbat Shalom.
