“Tzedek, tzedek tirdof” (Deuteronomy 16:20) comes from the Torah portion of Shoftim, which will be read in the synagogue on the Sabbath of Aug. 14. It is one of my favorite phrases from the Torah. Translated, it means “Justice, justice shall you pursue.”
I am amazed at the sophisticated justice system of the Israelites. Some of it sounds very similar to today’s methods.
One example is that in the Torah, someone could not be sentenced to death without the testimony of two or more witnesses (Deuteronomy 17:6); and today in federal law, there needs to be a unanimous jury vote to sentence someone to the death penalty.
According to the Torah, not only did you need these witnesses, but also if someone was to be stoned to death for their crime, the witnesses had to be the first to throw the stones (Deuteronomy 17:7).
This was wise. The accusers/witnesses would have to look that person in the eye before beginning the process of death. Not many people would be able to do that if they did not truly know or believe that the person put to death was guilty.
Deuteronomy 16:18 states, “You shall appoint judges and officials for your tribes, in all the settlements that the Eternal your God is giving you.” But not just any judge or official will do.
They must inquire diligently, and not be swayed by bribes or the wealth and status of people who come before them (Deuteronomy 16:19; also Leviticus 19:15). This is just as important in today’s society.
Funds and frivolity
It has been disturbing to watch our justice system fail in this respect. In my opinion, the problem in our society today is that it is expensive to get representation, and often only the rich can afford it.
For the average person, it is often so expensive to be represented that it is less expensive not to fight a case in court, even though the person may be deserving of justice and/or compensation.
Impoverished people can get free legal representation, although these attorneys have heavy caseloads, and are often younger and less experienced than the attorney they may go up against. If the other party can afford to pay high fees, their lawyer can spend more time on the case, which often affects the outcome.
Unfortunately, winning a case often seems more important than achieving justice. I understand that lawyers deserve to be paid fairly, but the heavy burden is upon the individual who needs justice to pay for these fees.
Plenty of injustices existed in biblical days, too. The prophets chastised the ruling classes for their exploitation of the poor.
Micah (Eighth Century B.C.E.) criticized abuses of power by judges, the prevalence of bribery and the decay of natural justice. His simple description of what God asks of us is: “Only to do justice and to love goodness, and to walk humbly with God” (Micah 6:8).
The prophet Amos (Eighth Century B.C.E.) wrote: “Seek good and not evil, that you may live, and that the Eternal God may truly be with you as you think. Let justice well up like water, righteousness, like an unfailing stream” (Amos 5:14 and 24).
The Midrash collection Leviticus Rabbah states that the pursuit of justice in society was paramount. Correcting the evils originated by human beings was considered the highest ethical priority. Moses’ repetition of the word “justice” was understood to mean: “Don’t be satisfied with observing wrongdoing. Stand up and protest against it.”
Our society also discriminates against people of color by more heavily prosecuting them and more often than whites. If they do not have the money to hire a lawyer, their jail sentences are often longer.
Luckily, there are now organizations, such as The Innocence Project, “a national litigation and public policy organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice,” according to its Web site.
Our legal system also allows frivolous claims that cost taxpayer money. Remember the woman who filed a claim against one of the big fast food chains because she claimed their food was making her fat? Plus large companies will settle out of court because it ends up being less expensive and time consuming than going through with a court case.
Tzedek, tzedek tirdof! This has been a challenge for society throughout the ages. As the prophets reiterate God’s call for justice, we too, must “hate evil and love good, and establish justice in our homes.”(Amos 5:15).
Cantor Deborah Martin serves Temple Beth El in Madison.
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