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.V;itztette,g 6
FINE JEWELERS
established 1919 X,
Justice On Earth
Reflects Divine Creation
your brethren" is the subject
of commentary.
This constitutes an admoni-
Special to The Jewish News
tion to the court not to hear
n intense sensitivity
the words of one litigant in
to oppression and a
the absence of the other. No
passion for justice is
preliminary opinion of the
part of the moral inheritance
case is to be formed by the
of Judaism. This legacy is a
judge. The hearing of one
compound of two major
litigant in the absence of the
elements: the Torah, which
other may give rise to par-
sets forth the fundamental
tiality, since one cannot cor-
ideals, and the Talmud, which
rect the impression given by
sought to concretize biblical
the other.
ethics in an elaborate system
"You shall not respect per-
of jurisprudence.
sons, you shall hear the great
What is the cardinal prac-
and the small." All personal
tice that must govern all
considerations of the conten-
human relations, according to
ding parties in the case are
forbidden to the judge. It is
demanded that he should not
Shabbat Devarim:
know them at all in forming
Deuteronomy 1:1-
judgements.
The rabbis go on to say, if a
3:22, Isaiah 1:1-27
wicked and a decent person
stand before you in judge-
Judaism? "In righteous shalt
ment, do not say, "since this
thou judge thy neighbor." To
one is a wicked man, I shall
the Jew, a society founded on
view his case favorably." The
anything less than justice and
judge has to limit his con-
righteousness is unthinkable
sideration to the parties stan-
and indefensible. The pursuit
ding before him in court and
of justice rather than the pur-
to take no account of a per-
suit of happiness is stressed
son's past, but weigh the mat-
in our Torah. Our people was
ter objectively on the basis of
taught early in its history
the facts presented to him. Or,
than an unjust society is an
as another commentator
unhappy society.
points out, it is the way of the
The Hebrew term for saint
world to make allowances for
is tzadik, literally "righteous
poverty, and to pay respect to
one," for the noblest attain-
external appearances. The
ment of an individual is to be
Torah therefore forewarned us
exemplary in his conduct
against both these pitfalls.
toward his fellow man.
The Torah was not concern-
In this weeks sidrah, Moses
ed,
in this context, with pro-
recapitulates in his address to
tecting the weak, but with
the children of Israel the
upholding justice. For the
history of their ancestors'
achievement of justice, an
wanderings. He begins from
ideal
end was not to be
the moment 39 years
achieved through improper
previously, when their
means, by the injustice of
parents had stood on the
favoring the poor over the
threshold of the Promised
rich, or the rich over the poor.
Land. He prepared the people
Rashi's comment is very
for their entry into their
much
to the point. Do not say:
patrimony by appointing
" 'What difference does it
leaders and officers. "And I
make if we are partial to a
charged your judges at that
friend or pervert the judge-
time, saying 'Hear the causes
ment of the poor in favor of
between your brethren, and
the rich? Surely the judge-
judge righteously between a
ment is not God's. For this
man and his neighbor, and
reason it states that 'it is for
the stranger that is with him.
the Lord.' If you have con-
Ye shall not respect persons in
victed the innocent, it is as
judgement; ye shall hear the
though you have deprived
small and the great alike; ye
your Creator of what was His
shall not be afraid of the face
and thereby perverted the
of any man; for the judgement
judgement of heaven.
is God's'.
Therefore, consider what you
The rabbinic tradition
do. You judge not for man, but
derived many detailed regula-
for
the Lord."
tions of judicial procedure
The rabbis say every judge
from every word and turn-of-
who by his verdict establishes
phrase in this text.
true justice, is considered as
In the first verse, the phrase
if he had participated in God's
"hear the causes between
work of creation. For through
him, life receives that form
Irwin Groner is rabbi at Cong.
which was the intention of
the Creator.
Shaarey Zedek.
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