Parashat Shoftim - 2021
On Rosh Hashanah, we should open our minds to the multitude of options in life. That openness will, God willing, expand the range of our judgment and thereby increase our abilities and our potential for the year ahead.
We are in the weeks leading up to Rosh Hashana, a holiday which evokes ambivalence. On the one hand, we’re frightened because of the judgment that God metes out on Rosh Hashana, but on the other hand, we celebrate with nice clothing, festive meals, kiddush and the bracha of Shehecheyanu. I think that this fundamental duality of the holiday is related to the concept of din, strict justice. And our parsha, called Shoftim/Judges, which is clearly related to din, also emphasizes the theme of duality. For example, it begins with the words Shoftim V’shotrim and states that you shall place judges and police at the gates of your cities. These are the two central facets of a just civilization – the judiciary and law enforcement. And the word for justice is recited twice, in the famous verse in our parsha, Tzedek tzedek tirdof. Justice, justice you shall pursue. There are many more examples of duality in the parsha.
We may wonder, why is there such a focus on duality regarding midat hadin?
The famous verse in Parshas Shoftim states: Tamim tehiyeh im hashem elokecha, One should be tamim -- pure, or innocent -- with God. That mandate may sound vague and innocuous, and our sages teach that it means one should not pursue fortune tellers, soothsayers, and the like. We also see the word tamim used elsewhere in the Torah, in a variety of contexts. For example, when God commands Avraham Avinu with the mitzvah of brit milah, circumcision, He says, hithalech lifanai v’heyeh tamim, walk in front of Me and be tamim, meaning perfect or complete. Also, Jacob was called an ish tam, a simple or perfect man. And of course, at the seder, we refer to the son who is a tam, a simpleton whom Chasidic sources characterize as the highest level of child, because of his straightforward approach to asking questions.
Surprisingly, a few passages after we are told to be tamim with God, we are confronted with a contradictory verse that tells us how to gauge whether a prophet is true or not. Rashi explains it to mean that if a prophet predicts the future, he is genuine, despite the Torah immediately before telling us with Tamim tehiyeh not to focus on predicting the future.
Rashi then brings another set of criteria from last week’s parsha, parshat Re’eh. If a prophet tells us to violate a mitzvah, he is a pretender, unless we are certain that he is a Tzadik gamur, a completely righteous person. For example, Eliyahu HaNavi, who brought a sacrifice outside the temple on a bama during the famous incident at Mount Carmel. Taken together, the criteria in these verses are contradictory and confusing. Is a prophet supposed to predict the future or not? And can a prophet violate the Torah or not?
I think Rashi’s message is teaching that although the Torah gives us rules to live by, they are not set in stone; their applicability depends on the circumstances. Because Rosh Hashana commemorates the 6th day of creation and therefore represents all of life, the ambivalence we feel toward this holiday reflects the pervasive complexity inherent in our lives. It may be comforting sometimes to look at things in black and white, but we must accept real-life situations that appear in shades of gray.
With the progression of the pesukim in Parshat Shoftim, I think the Torah is teaching us to live life in the moment, and not with a constant eye toward the future. However, there are situations which do call for a glimpse into what lies ahead. Similarly, most of the time, we need the Torah to guide us in evaluating the legitimacy of a prophet, but the Torah allows for exceptions, even to the extent that we can legitimize a prophecy which violates the Torah. Many people are more comfortable when life feels predictable, so they use religion to control their lives and other people’s lives as well. But their comfort is illusory, because in truth, we don’t have that much control.
An example of this is the detailed laws of Kashrut. There is a common belief that there is only one way to observe kashrut. But the truth is that while the basic laws are pretty much black and white, the intricacies of kashrut law are very circumstantial. If there are no complications, then the traditional rules will apply. But in more complex situations, sometimes we need to look for more creative applications of the halachot which support legitimate leniencies. That flexibility is the true foundation of Torah.
In the story about Avraham after his circumcision for which he was called tamim, he welcomes the angels into his home. It is a common misconception that his behavior demonstrates the mitzvah of simply welcoming guests. It’s true that the phrase, hachnasat orchim, is translated to refer to hospitality. But as the sages emphasize, it literally means bringing in paths, which really means being open to many points of view. Avraham brought many points of view into his home, when translated literally.
Parshat Shoftim is an apt introduction to Yom HaDin, Rosh Hashana, because it reminds us that our mindset as we go into the High Holidays should not be controlling, overly protective, or rigid. Instead, we should open our minds to the multitude of options in life. That openness will, God willing, expand the range of our judgment on Rosh Hashana and thereby increase our abilities and our potential for the year ahead.
Copyright 2022 by Eliezer Hirsch