The pursuit of justice is one of the most important commandments of the Torah. Justice has to be administered equally to all and must be blind to the social or economic status of those who come before the court.
Justice, the Law, and the Danger of Making an Idol of the Law
This week’s parashah, Shoftim, stresses one of the most important principles of Judaism: equality before the law. A judge cannot favor one party over another, regardless of whether that person is rich or poor, famous or unknown, powerful or powerless. The judge has to enter the courtroom, as it were, blind to all the pressures and influences surrounding him.
That is why the traditional symbol of justice is a woman holding the scales of justice while blindfolded. The blindfold represents the idea that a judge must be blind to everything except the facts and the law. He cannot favor the rich over the poor, nor the poor over the rich.
The Torah also warns that bribery blinds a judge to justice. Once a judge is influenced by personal interests or outside pressures, he can no longer see the case clearly.
Perhaps the most famous verse in this week’s parashah is:
“Justice, justice shall you pursue.”
The Torah does not simply tell us to find justice. It tells us to pursue it. Why? Because we know that human beings will never create a world of perfect justice. We make mistakes. We are imperfect. Judges are human, societies are human, and therefore complete justice is something we may never fully achieve.
But that does not mean we stop trying. The pursuit of justice is itself a fundamental Jewish obligation.
Interestingly, immediately after discussing judges and justice, the Torah turns to the subject of idolatry. At first, the connection may not seem obvious. But perhaps the Torah is teaching us something profound.
Idolatry means, among other things, dividing the world into competing powers: one god controls one area, another god controls another. Judaism insists that there is one God and one moral law. There cannot be one standard of justice for the powerful and another for everyone else.
But there is another danger that the Torah may be warning us about: do not make the law itself into an idol.
There is a famous story in the Gemara about young priests in the Temple who were racing to perform a particular Temple service. One priest, desperate to win the race, took out a knife and stabbed the priest running beside him.
And what were people discussing afterward? They were debating whether the dead body would make the Temple precincts ritually impure.
Think about that for a moment. A murder had just taken place, yet the discussion had immediately turned to the technical question of ritual impurity.
The problem was not that the law was unimportant. The problem was that they had become so absorbed in the details of the law that they had lost sight of the larger moral reality. A human being had been murdered. A terrible crime had occurred. That was the main point.
The Torah is therefore teaching us a delicate balance. We must pursue justice. We must respect the law. We must insist on equality before the law. But we must never become so obsessed with the technicalities of the law that we lose sight of the human beings and moral principles that the law is supposed to protect.
We saw a similar idea earlier in the Torah with the story of Pinchas. Pinchas took action against Zimri without going through the normal judicial process. Ordinarily, such an act would be deeply problematic. Yet God approved of Pinchas’s action because the situation represented an immediate and extraordinary danger to the Jewish people.
Sometimes extraordinary circumstances require extraordinary action.
There is a famous statement attributed to Justice Robert H. Jackson of the United States Supreme Court: “The Constitution is not a suicide pact.” The point is that even the most important legal principles cannot be interpreted in a way that guarantees the destruction of the very society those principles are meant to protect.
The same idea can be applied to the Torah’s concept of justice.
We must pursue justice to the best of our ability. We must demand fairness. We must insist that the law apply equally to everyone. But we must also remain aware of the larger picture. The law exists to serve justice; justice exists to serve human beings and a moral society.
The challenge is knowing how to maintain both principles at the same time: never abandon the pursuit of justice, but never become blind to the realities and moral responsibilities surrounding us.
That is something worth thinking about.
