Torah Portion

Justice, Justice
Shall You Pursue

way possible to give the accused the
benefit of the doubt.
Likewise, in the Talmud (Sanhedrin
336). "The rabbis offer, 'How do . we
know that is someone is already convict-
ed' and someone says, 'I can speak on
behalf of his innocence' that we recon-
sider? The Torah teaches us, 'The inno-
cent do not kill.' How do we know that
if
he has already been acquitted in court
n this week's Torah portion, we
that
we do not reconsider the verdict?
have a whole catalogue of com-
The
Torah
teaches us, 'The righteous do
mandments on a wide range of
not
kill.'
Thus,
the verse is used to teach
topics. The preponderance,
us
that
a
guilty
verdict can be reconsid-
though, deal with civil law, damages,
ered and overturned so as not
property rights and responsi-
to punish someone who is
bilities and rules of justice.
actually innocent (in spite of
The list of commandments
the care taken with the initial
seems to be a sample of the
verdict).
And conversely, one
entire Torah the Jews were
who
has
already been acquit-
asked to accept at Sinai and
ted
in
court
is not subject to
the foundation of the society
double
jeopardy."
formed by the Torah-observant
One might rightly ask, "If the
community in Eretz Yisrael.
Torah is so careful about pro-
The various verses dealing
tecting the possible innocent,
with the establishment of
courts of law and the funda-
RABBI ELIEZER won't we have many a guilty
person left unpunished?" This
mental need for justice require
COHEN
would
riot only enable crimi-
the judges to be absolutely free
Special to the
nals
to
escape justice and pro-
of any shade of possible mis-
Jewish News
duce a crime-ridden society,
conduct, inappropriate behav-
but would negate the very
ior or personal malfeasance
words of the verse itself, "Distance your-
that could corrupt the system or the
self from anything false." How could a
ultimate pursuit of absolute justice.
court acquit someone on a technicality
It is within this context that one verse
when
he clearly is guilty and how could
in particular seems very strange. The
the
court
refuse to retry someone whom
Torah (Exodus 23:7) commands the
we
now
know
is guilty; aren't these
judge, "Distance yourself from anything
acquittals
something
false?
false; the innocent and the righteous do
We are but human beings and must
not kill; for I will not consider the -
do the best we can to exact justice. To
wicked one righteous."
punish the innocent is considered by the
If, indeed, the judges are as righteous
Torah a much greater evil than not to
as required and as careful in judgment as
punish the guilty. The judges must first
the Torah demands, how then would it
insure that they themselves don't inflict
be necessary for the Torah to forbid the
injustice
upon the innocent. The ulti-
judges to execute . an innocent person?
mate
answer
to this dilemma and to
The Midrash Halacha (Mechilta 210)
human fallibility is the last phrase of our
teaches, "If they (the witnesses) saw one
verse itself, "I will not consider the
running after his fellow to kill him with
wicked one righteous." If the criminal
a sword in his hand ... but their sight
may escape the punishments of the.
was obstructed and afterward they
courts
(so not to punish the innocent),
found the victim dead and the bloody
ultimately
God declares that He,
sword in the hand of the pursuer — I
Himself,
punishes
the guilty. ❑
would have said he is guilty; therefore,
the Torah teaches, 'The innocent and
the righteous do not kill.'"
Thus, the rabbis use our verse to
show, not only that one is to be consid-
ered innocent until proven guilty, but
How does this discussion relate
that proof upon which the guilt can be
to our American system of jus-
established and the criminal executed
tice? Can crime only be stopped
must be absolute, not just circumstan-
through punishment? What is
tial. Even the remote possibility of exe-
the best method for procuring
cuting an innocent person requires the
the best judges? Can any society .
court to bend over backwards in every
survive with an unjust judicial
system?
Eliezer Cohen is rabbi of Congregation
ti
Or Chadash.

Shabbat Mishpatim:
Exodus 21: 1-24: 18;
Jeremiah 34:8-22;
33:25-26

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