Walk Through the Parsha by Rabbi David Walk

Justice
Nitzavim - 5768
September 24, 2008
The first major philosophic work ever written down and, still, maybe the most influential is The Republic by Plato (circa 360 BCE). Basically the purpose of the book is to define justice. The book begins with a party scene (Those Athenians were party animals.) in which a very annoying Socrates, Plato’s rebbe, confounds every reasonable attempt to describe justice. Basically there are two fundamental definitions offered, one by an established patrician, the host Cephalus, and one by a young idealist, his son Polymachus. The traditional approach is that justice means to follow the law and its obligations upon a citizen and society. The young man offers that it means to give help to our friends and harm to our enemies. After Socrates pokes holes in both positions (when you invite Socrates to a party have plenty of strong drink and hide all weapons), the unpronounceable Thrasymachus presents his view. He is a Sophist who wants to do away with objective rules of morality and says justice is the advantage of the powerful over the weak. Might makes right; there is no justice. Finally in book four we get Plato’s own answer. Justice is the political arrangement in which every person fulfills their proper role. Justice is order.

All of this is interesting, but doesn’t really help arrive at a working definition of justice for us, as either moderns or Jews. I think in both roles we expect more of a just society than mere stability, and we believe that individuals shouldn’t be locked into roles. We’d like to think that people can grow and thereby change their status within a community. A just society provides equal opportunity. So, we continue the search for the true meaning of justice. I think that most Americans have two definitions for justice, depending on the situation. When we say that Superman stood for truth, justice and the American way, generally that means that he would punish the bad guys. Justice is law and order. However, when someone cries out for justice and against injustice they usually mean that they demand fairness or equality. What is the Jewish view of justice?

Well, that’s not easy, because there have been many visions of justice or of the just society. Perhaps, the most famous is in the first chapter of Isaiah: Learn to do good; seek justice, relieve the oppressed, do justice for the orphan, plead for the widow (verse 17, the Haftorah for parshat Devarim). It would seem from that marvelous vision that justice is providing for those who can’t fend for themselves. According to that standard we are judged by how we treat those below us in society’s pecking order. My favorite is from the Haftorah of parshat Balak: It has been told to you, O Human, what is good, and what God seeks from you: Only perform justly, love random kindness, and walk humbly with your God (Micha 6:8). That’s a more personal view of justice. Although no less majestic. But we still haven’t arrived at a working definition of justice.

I think a careful reading of this week’s Torah (Surprise, surprise, the answer is in our parsha.) reading provides us with what we seek. Our reading this week begins with the entire nation, from young to old from powerful to impoverished, standing tall before Moshe. He tells them that they are establishing a covenant with God. This covenant is the fulfillment of God’s relationship and promise to the Patriarchs. This agreement comes into force through an oath which includes not only those attending them, but all their progeny afterward, forever. The essence of the pact is total loyalty to each other. We eschew all other gods and God promises us an eternal destiny.

At the end of chapter 29, about midway through the recitation of the covenantal material, there is an enigmatic verse: The hidden things belong to the Lord, our God, but the revealed things apply to us and to our children forever: that we must fulfill all the words of this Torah (verse 28). Adding to the mystique of this verse is that fact that there are eleven dots printed above the words ‘and the revealed things apply to us and our children.’ These dots seem to emphasize the communal obligation to adjudicate open breaches of the covenant. The great commentary Rashi (1040-1105) mentions that the whole community will be punished for ignoring open crimes. The tone of the verse is clear. All transgressions of the pact will be punished, either by man or by God. This is an essential element of justice. It can not be circumvented or suspended. Every crime has its repercussions, either in this world or the next. This doesn’t mean that every crime will be punished. There exist clemency, compassion and repentance, but they are all recorded and dealt with.

It seems, therefore that justice has two elements: clear statement of what is expected and the guarantee that all actions are noted. There is the promise of ultimate fairness. It may not happen in this world and we may never know about it, but it is certain. We are instructed to be assured of a just system. This is paramount as we prepare for Rosh Hashanah, referred to by our Sages as Yom Hadin, the Day of Judgment or Justice. We must enter this rendezvous with God, the Judge, assured of two concepts. First, that we have a working arrangement with God with clearly laid out obligations for both sides. This covenantal pact was given in the desert and remains in force, forever. Second, no actions go unrecorded. Every deed has ramifications for good or evil.

I believe that the Jewish definition of justice contains those two elements. We are expected to live up to our obligations and we are responsible for our implementation of those duties. It’s clear, it’s fair and it’s inevitable. It’s just. This is what we should contemplate as the Day of Justice approaches, but with confidence in the compassion of the Judge. Have a happy, healthy New Year.