Shofetim: Pursue justice through mitzvot of commission

By Rabbi Arik W. Ascherman on September 8, 2005 - ד' אלול תשס"ה

Parashat Shoftim is an ideal parasha for a human rights organization. For me, there are obvioius connections with tomorrow’s demonstration in Bilin, Sunday’s High Court appeal, the upcoming olive harvest as we learn about the the obligation to set up courts and judges to deal fairly with all as a basic condition for living in the Land of Israel. The king must always have his personal copy of the Torah at his side so that he should never think that he is above the law. He may not use his power for personal gain. The famous midrash tells us that the Torah reapeat the word tzedek (Justice),

“Justice, Justice shal you pursue” (Deut 16:20)

because even the cause of justice should not be pursued by unjust means. At the end of the parasha we are told that when a corpse is found in the open, the elders of the nearest town must declare that they did not shed his blood. The mishna teaches that, while of course we wish to believe that the townspeople did not commit murder, there would also be guilt if the dead person had passed through the town and not been offered all necessary assitance. There are sins of both commission and ommission. Finally, there is the famous injunction not to harm the fruit trees when laying siege to a city. Here too there can be sins both of commission and omission.

Tomorrow I hope to see many of you in Bilin. The army has decided that it has enough and that there will be no more demonstrations in Bilin. There is no democratic right to demonstrate non-violently at the loss of one’s lands and livelihood. What is striking in Bilin is that the landowners have no faith in the Israeli court system, even after last year’s decision against the route of the Barrier. I have little ability to convince them otherwise as unfortunately the court is now refusing to issue stop work orders or even prevent irreversible damage and the uprooting of fruit trees. One interpretation of the opening verses of Ruth,

“In the days when the judges judged, there was famine in the land” (Ruth 1:1)

is that there was physical and spiritual famine when the judges themselves needed to be judged for not fulfilling their responsibility. The building anger in Bilin can be traced not only to the sins of commission by our army and government, but sins of ommission by our judges and all those who allow this land grab to take place. Why is justice repeated twice? For the right to one’s land and the right to demonstrate.

On Sunday at 9:00 the High Court will hear the third discussion about the right of Palestinians to access their agricultural lands. So far the judges have been very critical of the State’s position that Palestinian access must be limited and that security forces are not capable of protecting them from settler agression. We hope that the judges will judge wisely and fairly. We went to court because there are other ways to destroy fruit trees other than the bulldozers clearing the way for the Barrier. When farmers can’t tend their trees all year, the trees cease to produce fruit. Commission and Omission.

The first olive harvests may begin this year as early as September 20th. We have many commandments, which we must observe. However, peace and justice must both be actively pursued. The hundreds of you who join us every year in the harvest do just that.

In Hadera, we didn’t believe (certainly didn’t want to believe) that the Israeli Wisconsin Plan would be so cruel so quickly. Helping people find work is praisworthy. Weeding out those taking a free ride on welfare is just. Harming the majority of honest, decent welfare recipients is not. Justice must be achieved by just means.

Few of us would actively harm others. Rather than commit sins of ommission, I hope that we will all stand up and pursue justice through mitzvot of commission.

Rabbis for Human Rights recommends that you read these articles in Devarim / Deuteronomy

Nizzavim: For what are we willing to stand up, and how? - May 26th, 2006
Vayyelekh: Believe in the immediate change of the situation - October 7th, 2005
Ki-Tavo: Responsiblity to fulfill our Human Rights obligations - September 23rd, 2005
Ki-Teze: We must stand in the breach and make sure that nobody is left behind - September 14th, 2005
Shofetim: Pursue justice through mitzvot of commission - September 8th, 2005
Re'e: Our obligations to eliminate poverty - September 2nd, 2005
Vaethannan: Acceptance of the land, and forgetting God - August 19th, 2005
Devarim: You shall not be partial in judgement - August 12th, 2005

Rabbis for Human Rights recommends that you read these articles in Shofetim

Shofetim: We are responsible for justice for all - September 4th, 2008
Shofetim: Human Rights as the secret of Jewish existence - August 25th, 2006
Shofetim: Pursue justice through mitzvot of commission - September 8th, 2005

Categories: Devarim / Deuteronomy, Shofetim
Tags: Bo, court, ease, human rights, judge, order, palestinians, peace, rest, settlers