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July 19, 1991 - Image 46

Resource type:
Text
Publication:
The Detroit Jewish News, 1991-07-19

Disclaimer: Computer generated plain text may have errors. Read more about this.

TORAH PORTION I

DON'T JUST BE PAR FOR THE COURSE.

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Justice

Continued from preceding page

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Al=

of any man; for the judgement
is God's.' "
The rabbinic tradition
derived many regulations of
judicial procedure from every
word and turn-of-phrase in
this text. In the first verse the
phrase "hear the causes bet-
ween your brethren" is the
subject of commentary. This
constitutes an admonition to
the court not to hear the
words of one litigant in the
absence of the other. No
preliminary opinion of the
case is to be formed by the
judge. The hearing of one
litigant in the absence of the
other may give rise to par-
tiality since one cannot cor-
rect the impression given by
the other.
Another commentator of
the 18th century observed the
following: "This text teaches
the judge to go behind the
words of the litigants and get
at the truth. Though the
arguments and evidence of
one superficially appear to be
decisive, if he feels they are
not in good faith, he should
use his own judgement. He
should pay attention to every
nuance of their utterances
and all that takes place in
court between them in arriv-
ing at the truth!' He goes on
to say the just must not
serenely look at one and avert
his gaze from the other. His
hearing must be "equally
balanced." If he looks at one,
he should look at the other. If
he averts his gaze, it should
be from both or from neither.
"You shall not respect per-
sons, you shall hear the great
and the small!" All personal
considerations of the conten-
ding parties in the case are
forbidden to the judge. It is
demanded that he should not
"know" them at all in form-
ing judgements.
The rabbis go on to say if a
wicked and a decent person
stand before you in judge-
ment, do not say, "since this
one is a wicked man, I shall
view the case of the other
with favor." The judge has to
limit his consideration to the
parties standing before him
in court and to take no ac-
count of a person's past. As
another commentator points
out, it is the way of the world
to make allowances for pover-
ty and to pay respect to exter-
nal appearances. The Torah,
therefore, forewarned us
against both these pitfalls.

The Torah was not concern-
ed in this context with protec-
ting the weak, but with
upholding justice. For the
achievement of justice, an
ideal end was not to be
achieved through improper
means, by the injustice of
favoring the poor over the

rich, or the rich over the poor.
Rashi's comment is very
much to the point. Do not say:
"What difference does it
make if we are partial to a
friend or pervert the judge-
ment of the poor in favor of
the rich? Surely the judge-
ment is not God's. For this
reason, it states that 'it is for
the Lord.' If you have con-
victed the innocent, it is as
though you have deprived
your Creator of what was His
and thereby perverted the
judgement of heaven.
Therefore, consider what you
do. You judge not for man, but
for the Lord."
The rabbis say every judge
who by his verdict establishes
true justice is considered as if

Shabbat Chazon
Deuteronomy
1:1-3:22
Isaiah 1:1-27

he had participated in God's
work of creation. For through
him, life receives that form
which was the intention of
the Creator when He brought
human beings into the world.
So much is the pronounce-
ment of a just judgement con-
sidered a work of God to be
made in His name, that the
Talmud states just as a false
verdict is a sin against man,
so also is it one against God.
Thus, for the rabbis, the ad-
ministering of justice is a
Divine charge entrusted to
man by God, which is both a
duty and a privilege. ❑

um! SYNAGOGUES

Tisha B'Av Services
At Adat Shalom

Adat Shalom Synagogue
will hold services for Tisha
B'Av July 20 and 21.
Services on Saturday will
begin at 9 p.m. with Minchah
followed by Maariv. The Book
of Eicha (Lamentations) will
be chanted by Adat Shalom
clergy, along with adult and
teen-age members of the con-
gregation. Participating with
Cantor Larry Vieder: Rabbi
Spectre, Cantor Glantz, Neal
Blatt, Sidney Feldman, Jerry
Gordon, Paul Magy, Saul Rose
and Asher Tilchin.
Services will also take place
8 a.m. July 21, when special
prayers and readings will be
included in the traditional
morning service. Minchah
services will be held at 1 p.m.,
and regular evening services
will take place at 6 p.m.

The first ghetto created to
separate Jews from gentiles
was in Venice, in 1516.

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