Shoftim - 1st Portion

Join me as we learn Chumash for Sunday, the first Torah reading of the Torah reading of Shoftim, which is chapter 16, verse 18. This week's Torah reading, as its name is called Shoftim, which means judges. The Torah begins by telling us about judges and policemen. Judges are those who enforce the law. It's not enough to have the one who makes the law, the judicial part of it, but you also need ones who are going to enforce it. And the Torah tells us about the Mosha tells the Jewish people when they're going to go into the land of Israel, the importance of these judges and the enforcement of these laws, and how they have to be careful when adjudicating the law. The Torah then continues to tell us about the laws of idolatry and the improper intentions in sacrificing, and as well as the punishments for idolatry and how the judiciary continues to go from one generation to the next, and how a person must be careful to follow the laws of the judges. Chapter 16, verse 18. You must appoint judges and sheriffs and policemen for yourself and in all your cities. In all the cities that God, your God, has given to you according to your tribes. And they will judge the people fair judgments. Rashi explains the difference between the shoftim and the shotrim. The judges and the policemen. Shoftim You have the shoftim are the judges, the ones that decide and what the rule should be, the law. The shotrim and the policemen are the ones that force the people to follow what the judges said the law is. They also have to enforce it either by by way of a uh They are the ones that force the people to the law is. They also have to enforce it either by uh by way of force meaning whipping them and binding them to be able to occasionally needs the the fact that they need to also force them to follow what the law may be until they accept what the ruling of the judge is. The whole should be in every city should have its set of its courts and its enforcement for the court. This is going back on what it says before you should have for you saved meaning they should put policemen and judges in every specific ones for each tribe and every single city and every local should have their set of judges and their set of policemen that will enforce the law the way it's supposed to be. Another interpretation what does it mean according to its tribe? It teaches us that we have to have and appoint judges from every tribe for every city. That means even if you have a city that's split up into different tribes so then within the city you have to have two separate types of judges one for each tribe. You should appoint proper and well versed and righteous judges that they should be able to give them a fair judgment. Verse 19. You must not pervert justice and you should must not show partiality. And do not take bribery. Because bribery blinds the eyes of the sages. Of the smart of the intelligent and perverts the words of the justice. Literally means do not show favoritism. And the meaning do not pervert justice. Lissaker panim, don't show favoritism, don't show partiality. Af beshas tainos, even during the judgment, when the judge is asking questions and going through the interrogation and investigation, don't show don't be nicer to one party than the other. As hodol l'dayan sh'li rach v'ein lo zeh k'sheir lo zeh, it's a warning to the judge, don't be soft on one and difficult on the other. Echod omed v'echod yoshev, one can stand or can sit, you have to show equal fairness to both sides. U'fisha k'sheirah ish omer l'chaveiro, the moment the person sees, well, look, he's showing favoritism, partiality to his friend, automatically m'stam d'ein eisav, then automatically the person doesn't have the ability to articulate his arguments correctly, because he says it's a lost case here. So, therefore, the judge has to make be sure to be careful that when he speaks and when he even interrogates, he should not show any partiality or be soft on one and difficult on the other, so the other party should not feel, okay, it's a lost case. V'lo yisa kach shochad, do not take bribery. Afilu lishpot tzaddik, even if he says, you know what, I'm going to do the right thing, but still what's the wrong with getting a little side bonus on the side. And therefore, the person's therefore, the Torah warns us that do not take bribery, because by definition, the bribery is going to cause the person to pervert justice. Ki hashocheid d'avar, shekibel shochad mimenu, from the moment that the person takes that bribery, the judge takes the bribery, automatically becomes blind to seeing what is correct. Eefshar l'yachad libo v'eino l'chacham, afikhu b'sichusa, it's impossible for a person to get bribery and still say, you know what, I'm going to be unbiased. The moment you get bribery, you're blinded by what the person's giving you, and therefore, you have to recuse yourself or not take the bribery to begin with. Divrei tzaddikim d'vorim amukim, mishp'tei emes, meaning that to pervert the words of bribery, that bribery perverts the words of justice, then even if the person's going to want to say the right thing, even if he's going to call it the bribery causes him to think that what he's saying is correct even though it's not correct. It perverts the words of the justice of words of righteousness meaning it does he justifies the things that he says even if it's perverted and even if it's incorrect. Interestingly enough, one of the things that the Torah that the code of Jewish law when it talks about being very careful using the terminology being very careful it comes to bribery and it comes to interest because both of these things it is very easy as we mentioned this previously when we spoke about it in the book of Leviticus both of these things it is very easy for a person to convince himself ah you know what I'm not going to be able to be persuaded by the bribery I'm not going to be persuaded by the interest and therefore the Torah says these things you can be the most intelligent righteous individual but the moment you take bribery you create a bias towards that individual that gave you the bribery. And bribery doesn't need necessarily need to be money it could be honor it can be dignity whatever it may be in any shape or form that this can cause the individual to pervert or sway the judgment in favor of the individual. And as the Torah then continues that's why the Torah uses the terminology in verse 20 said it said it here this justice justice you must pursue it's not something that comes easily. The man take here in order that you should live and dwell in the land that God your God is giving you. Rashi said it said it Allah has been from here the Torah tells us the sages have learned that the fellow who's taking somebody to court should work to be able to find a court a rabbinical court who is knowledgeable and also that they are known to be not swayed by the either defendant or plaintiff. The man take here Rashi totally Shiva loved them all so. it's worthy enough the very fact the reward of having proper justice that in itself is worthy enough for the mitzvah that the Jewish people should be able to live in the land and to be able to continue to stay on their land that was given to them. Now the Torah goes into the laws of eradicating idolatry. Lace it a shade of eight. You should not plant. You must not plant for yourself any defiled tree any any tree that is served it all means next to the altar of God your God that you will make for yourself. That means on the Temple Mount, there should not be any trees that you serve. Rashi Rashi tells us that over here the abrogation and the law concerning not serving idolatry even though you just planted a tree. Just planting the tree itself is considered an abrogation even though you have not yet served the tree. Lace it this is a second law. This is a concerning a second abrogation which is not necessarily a tree that you're going to serve but even any tree whatever may be that you may plant a tree on the Temple Mount that this may not be a that this is not allowed as well. Next to the altar there should not be any trees. Verse 22. Lace it a matzah ever. You must not erect for yourself a single stone pedestal either altar pedestal I should suddenly I shall make a one that God your God hates. Rashi matzah ever matzah ever one stone that you're going to use it to bring sacrifices to idolatry a few little not only not to idolatry a few little even to God. Meaning that the difference between an altar and a matzah ever and a stone a stone is one stone a misbehave has to be made of multiple stones a sure son of misbehave a misbehave a double However, when we talk about a one that's made out of earth and one that's made of multiple stones, God does not hate. It's evil assets cuz that's what God commanded how we should make an altar to bring the sacrifices. The zoom, however, one that's made out of one stone, sonny, God hates. Koi koi Canaanites to keep What was the reason why God detested these one stone altars? Because this was the way the Canaanites used to make their altars for their idolatry. The alpha beta who may may office even though in the time of our forefathers Abraham, Isaac, and Jacob, we know that Jacob took a stone and used it as a monument and there he brought sacrifices in base alike we learned in in Genesis 28. Still in all after son of Asher Elohim Elohim Elohim Now God says and therefore the Torah has to remind us that we should not be doing it because even though we found it before the giving of the Torah, it was used by Abraham, Isaac, and Jacob. Still in all now that the Canaanites adapted these type of ways for their idolatry, God has detested and therefore should not be used. Chapter 17 verse 1 You should not bring to God as a sacrifice any ox or sheep that has in it a blemish kill the or anything that has an improper that is anything that's bad cuz God God considers this an abomination. This is kill the What does it mean anything bad? If you already mentioned about a blemish, what else bad can there be in the animal? I told him a fact of what you did Buddha. This talks about if a person makes something on a unsacred to be brought as a sacrifice and that is through our verbal articulation. What does that mean? That it could be that a person while he's bringing the sacrifice, he articulates and says, you know, I'm not going to eat this in its appropriate time. The very fact that he articulates or he thinks about it as the actual sacrifice is being brought, that makes the sacrifice invalid and this is what the Torah refers to as something bad being brought as a sacrifice. The eye This is brought about other things as well in the distracted of Zevachim. It mentions about other different sacrifices that were brought in holiness that can be considered unused and invalid to be used as a sacrifice. And this is what it refers to something bad. The Torah then tells us continue to tell us about punishment for idolatry and how we go about it. Verse two. If there will be found amongst you in one of your cities that God, your God gives you a man or a woman that will do bad in the eyes of God. Which is to go against his covenant. What does it mean to go against the covenant? What's the covenant that God made? That God made a covenant with you that you will not serve any idolatry. Verse three. When he goes and he worships other deities, whether it's to the sun or to the moon or to the heavenly galaxies. Or heavenly bodies. That I commanded you not to worship them. All of them. I commanded you not to worship them. Verse four. It will be told to you. You will hear about it. You will do a proper inquiry. You will see that this is true, this is true, this is correct. And you'll see that this is true, this is correct. And this is found to be true. Such an abomination was done and committed amongst the Jewish people. The word nothing means correct. They find that to come that the testimony that this individual says the evidence is found to be true and therefore this person is found guilty. Verse five. You will take that man or that woman that also does that. who did this terrible thing else to your gateways. The the the man or the woman who scout them by and you will pelt them with stones and they may sue and they will die. Rashi they chase us as a issue and the target of the person who translates gateways really means to cities Lisa Matzdin based in off. Meaning that the target of translates the word to the gateways of your city tell you he's making a mistake because she can't because really the word gateways here refers to the word by means a city that they served idolatry and the city talking about a city that is being judged with the word is used in both places in this verse and also in verse two my shot just like the word means before also a city that they served idolatry after all of the boy. Therefore when the uses the terminology doesn't only mean the word gateways but means to the city where the person served it and that city doesn't uh and therefore when we talk about the best thing the rabbinical court you don't take him to the rabbinical court meaning you take him to the city meaning to the city of that rabbinical court that that person will then be judged accordingly. What happens and how do you decide if a person should get capital punishment it's not so simple. As we see over here text number six tells us what are the conditions of how this testimony can be validated in order to impose capital punishment on these people who are liable of capital punishment. Only based on the testimony of two witnesses or three witnesses. You must have a can there be imposed a capital punishment or you must appear one cannot be condemned to death by the testimony of merely just one witness. If it tells me two why does the Torah have to tell me three? Meaning that the two work like three. That the same way if a third person adjoins along with them, it becomes one testimony, not two plus one. So two when it comes to the case where you want to prove these witnesses wrong, you would have to prove all three wrong in order to be able to consider them as what's called classified in the Talmud as Edom Zaymim. Zaymim means that if a person comes along and says, "I was with these witnesses on this and this day, so how can they possibly testify against this individual that he served idolatry?" Then these witnesses get the punishment that they tried to put upon the individual that they're testifying against. However, when there's three witnesses, the testimony to be able to invalidate these witnesses has to be against all three, and therefore the Torah says whether two or three to equalize the two and the three at both occasions. Verse a seven. Yada Edom T Abba Barishaina, the hand of the witnesses must be the ones first upon the guilty party. Lahami say, to put them to death. And the hand of all the people with them go afterwards. So too you must eliminate the evil which is idolatry from your midst. Verse eight. From now we continue into laws pertaining to judicial hierarchy. Kee Yipolayim Min Chodovar Al Hamishpat. In a matter of judgment and you would have to you don't know what to do. Bayn Dom L'Dom, whether it's particular or discharge of blood or what kind of blood if it's a purified blood to makes the person impure or not. Bayn Din L'Din, or whether this is a case of whether a lesion to determine if the person's considered leprosy or not. U'Bayn Nega O'Bayn Del Nega L'Nega, and also in the case where in any case, in the case of my financial matters, I'm sorry, in the case where a person's accused of being guilty in a legal case. O'Bayn Nega L'Nega or or case where it's uh talking about a lesion, if the lesion is considered tzaraas or not. Or any dispute that comes up in your cities, the come to at least a you will go up to the place where God has chosen a God has chosen. Key polli, Rashi. The word key polli, the why does he tell me when it would allude you? The word you polli call her flow lotion of dollar preacher, whenever we find the word half law you polli, meaning it's something which is separate, unknown, not explained. Shall I double needle in a thing is covered and separated, that means you don't have any idea if you don't have any inkling to what it may be, and therefore it's not within you to be able to come to the proper judgment. May double the double, what kind of blood are we talking about here? May double double the double tire between a pure blood and impure blood. May double the double between Zachary and to know if a person when it comes to financial matters, if the whether you are or life and death matters, to know if the person's liable or not. May double the double, may double the double, may double the double, to know if this is a double, to know if this is a lesion which is makes the person have tzaraas or not. There's a dispute meaning amongst the rabbis in your own city, where some say this is kosher, some say this is not, some say this is pure, some say this is not, some say this guy is liable, some say he's not. So therefore the actual rabbis themselves cannot come to a final conclusion, that's when they will bring the case to the holy temple, to the Sanhedrin, the great tribunal, that they should be able to decide. The come to at least a and you will go up, meaning to be some English call them a chemist, this teaches us that the holy temple was the highest of all spaces because the Torah uses the terminology that they will go up. They're going up to the holy temple to see what the situation is. Verse verse nine. You must approach the Sanhedrin. Or the Sanhedrin at the time as we see uses the terminology the Kohanim with the Levites. To the judge who will be at that time. And they will make an inquiry and they will let you know and they will let you know of what the matter what the to reconcile the solution of the judgement that is in question. Meaning the Kohanim are also called Levites because they come from the tribe of Levi. Or the judge that will be at that time. Even if he is not as great as the judges that were there in the previous generations. You have to listen to the judge who may be at that time as there's another terminology meaning that even though there may be a less of a greatness the judge may not be as great as the generations before him but because he is a judge of that time you have a responsibility to listen to the judge at that opportunity. Verse 10. You must do act in accordance whatever they tell you and I'm walking away from that place that God has chosen for and you must be careful to act in accordance in everything that they command you to do. Verse 11. According to the Torah that they will instruct you and according to the judgement that they will tell you you should do you should not go astray from the items and from the you should not deviate from what they tell you from the word that they tell you right or left. What does it mean right or left? Even if even if this is sometimes there's different laws and different ways how a judge comes to a certain judgement. Meaning certain things are direct interpretation of what it says in the actual law. Here it tells you what it says in the law, but many times why they would come to a judge where they would have a difference of opinion and something that's called in Hebrew Shikul Adas, that the judge has to make an evaluation and take the situation on hand and he comes to a certain degree of his own decision to be able to take everything on hand and come to that decision. You may argue and say, "You know what? How do you get to that decision?" This is maybe it's up to everybody's opinion and therefore the Torah tells you that based whatever the judge's decision may be, that means what he comes to, the way he evaluates the situation, even if he tells you that right is left and left is right, still the law you have to listen to him. The kosher can share I'm going to hire Yamin Yamin while small small and how much more so if he tells you about the right is the right and the left is the left, meaning that he's telling you something which is clearly stated in the Torah and you're obligated to listen to him. Verse 12. And the person who purposely does not listen to what the coin has to say or the Shaddai Shaddai who stands there to serve God, your God, or to the judge who is the one and that tells what to be done and he does not obey, who may say issue who that person is then is put to death will be out of Israel must eradicate and eliminate the evil from amongst the Jewish people. Verse 13. This way the entire people can listen and be afraid and no longer will they act purposely to go against what the judge is say. Rashi become Shama Tinin Loya the regular. Therefore here we learn that they would wait until the actual holiday until they would decide what the judgment be until the next of the regular and they would keep the person there until they say would decide what his judgment would be and also to carry out the punishment against him and that was because everybody should notice and everybody should see and when is there the time that all the Jewish people would see would be the time of the festivals. This concludes the first Torah reading of Parsha Shofetim.