Justice of the Future

There are two forms of justice: relative and ideal. Even in the time of exile, we must endeavor to anticipate and incorporate ultimate Messianic justice

Repetition

In its admonition to judges to judge with integrity, the Torah, in the beginning of this week’s parsha, states: “Righteousness (Tzedek), righteousness (tzedek) shall you pursue, so that you will live and possess the Land that G-d, your G-d, gives you.”

The juxtaposition of righteous judgment with possession of the land will be better understood in light of an analysis of the nature of true justice, which itself emerges from an understanding of why the Torah repeats the word tzedek.

Much has been written about the Torah’s repetition of the word righteousness.

One Tier Justice

According to Rashi this admonition is addressed to litigants rather than to judges and interprets this to mean that although one may go to any competent court, the litigants must make an effort to take their dispute to a court of the highest caliber. According to this approach, the repetition of the word serves to enhance the degree of righteousness one must pursue.

An important lesson can be derived from this interpretation. It is well understood that every Mitzvah of the Torah can be performed one of two levels. One can fulfill the basic requirements of the Mitzvah or one can enhance and embellish the same Mitzvah. In Jewish legal parlance the second level is referred to as hiddur Mitzvah – the beautification of the Mitzvah.

We are given the discretion to decide whether we are ready to proceed to the second tier. It is certainly desirable and praiseworthy to continually grow in one’s observance. However, the essential thing is to follow the basic and minimum requirements. One who does so can be considered a righteous person. One who goes to the next tier is given an even more honorific title: “chosid.”

However, with respect to judgment there is only one tier. It is the pursuit of unadulterated and unmitigated righteousness. If that means going to a more qualified panel of judges, then so be it. Pursuing the highest standards of justice is neither optional nor a moral luxury!

The End Does Not Justify the Means

The Chassidic master, Rabbi Simcha Bunim of P’shischa interpreted the repetition of righteousness in another, but related, fashion:

Even when you pursue righteousness, you must do so with righteousness. One may not apply the misguided and corrupt adage, “the end justifies the means” to the pursuit of justice.

Here too, the idea of unadulterated and uncompromising justice is underscored. In Rashi’s interpretation, the emphasis is on the integrity of the judges. In the Chassidic approach the focus is on the integrity of the judgment.

Allusion to the Future Redemption

The Chassidic work, Igra d’Kalah, interprets the repetition of the word righteousness as an allusion to a Midrashic comment concerning five instances in which the Torah repeats a letter/word, all of which relate to a form of liberation.

(These five letters are the only letters in the Hebrew alphabet which have two forms; the regular form and when they are placed at the end of a word.)

The first is the expression “Lech Lecha-Go for yourself” (where the letter chof is repeated). In this verse, G-d instructs Abraham to leave his home and travel to a new destination. With this repetitive expression, G-d liberated Abraham from the constraints of his birth place and homeland and brought him to the Promised Land of Israel.

The second instance is a repetition of the letter mem, addressed to Isaac when G-d saved him from the hands of the Philistines.

The third is the repetition of the letter nun, which G-d used in saving Jacob from the hands of his brother, Esau.

The fourth instance of this pattern of repetition is the double expression “pakod pokaditi-I have remembered.” (Here the Hebrew letter pei is repeated), This double expression contains G-d’s promise to redeem the Jews from Egyptian bondage.

The fifth is the repetition of the letter tzadik-righteous (cognate to the word tzedek) in the verse “Behold, the days come, says G-d, that I will raise unto David a righteous shoot (tzemach tzadik), and he shall reign as king and prosper, and shall execute justice and righteousness in the land.” (Jeremiah 23:5)

This verse repeats the letter tzadik and relates it to the promise of the future Redemption through the righteous Moshiach.

This verse affirms the general principle established by the Torah in many places that the Messianic Age will be characterized as the ultimate age of righteousness. The prophet Isaiah declares: “Zion will be redeemed through justice and those who return to her through righteousness.”

Here too, in the verse “Righteousness (Tzedek), righteousness (tzedek) shall you pursue,” Igra d’kalah notes, the repetition of the word tzedek is meant to invoke Moshiach, who is described in the foregoing verse, as well as in many other verses, as the symbol of justice and righteousness.

Building on the above, we can conclude that Messianic justice and righteousness is one of the hallmarks of the Messianic Age and, indeed, describes the very identity and qualifications of Moshiach.

What is it about Moshiach and the Messianic Age that is so closely connected to righteousness?

Messianic Justice

We live in a world beset with injustice. Even the justice systems of the most morally advanced societies are plagued by corruption and injustice. What will distinguish Moshiach’s form of justice? And how can we obtain real justice today in the anticipation of and preparation for the Messianic Age?

The answer is provided in the Biblical book of Isaiah (11:3):

“He will be imbued with a spirit of fear of G-d and will not need to judge by the sight of his eyes nor decide by the hearing of his ears.”

The phrase “V’hericho-He will be imbued with a spirit- of fear of G-d” is translated alternatively by the Talmud (Sanhedrin 93b) and many Bible commentators as “He will be imbued with the sense of smell.” The Talmud relates that Bar Cochba was rejected as the Moshiach because he could not “smell and judge;” he could not “smell” righteousness. The real Moshiach who possesses this keen olfactory capability, by contrast, will “sniff” out righteousness and mete out justice accordingly. He will not have to rely on eyewitness or convincing arguments.

Moshiach’s sense of justice will be impeccable, leaving no room for perversion of justice or even a judgment rendered in error.

Pre-Messianic Justice

The salient difference between life today and life in the Messianic Age is the difference between virtual and real, relative and absolute.

When we see an event we may be convinced of its veracity but then again our eyes can fool us. Two eyewitnesses may have conflicting views of what they saw. Certainly when it comes to compelling logic, two people will frequently disagree about what is logical and reasonable. In the pre- Messianic Age, particularly in this period of exile, we try our best to approximate what is right by pursuing the highest standards of justice available within the constraints of exile.

We accomplish this by going to the judges who are, minimally, knowledgeable of Torah law, and guided by the “fear of G-d.” In this context, the Hebrew word yirah used for fear implies a sophisticated awareness of G-d that engenders a sense of awe and reverence for Him.

A judge who is so inspired will be given Divine assistance in arriving at the truth, because his attachment to G-d allows him to tap into the higher level of consciousness that will occasion the Messianic Age.

The above is not just relevant for a judge. It relates to every person because all of our interpersonal relationships involve either seeking justice from others or acting as their judges. We are all judges at one point or another.

The only way we can be confident that our judgment is true and righteous is by pursuing absolute and real justice; by seeking to connect to the Source of justice and righteousness, the one that will punctuate the Messianic Era.

A Novel Translation Emerges

Based on the foregoing premise, we can provide a novel translation to the words, “Righteousness (Tzedek), righteousness (tzedek) shall you pursue.”

The reason the Torah repeats the word tzedek we may suggest is to indicate that there are two dimensions of justice: pre-Messianic and post-Messianic. By placing both modes of righteousness together it underscores the fact that the former depends on the latter.

The only way our judgments can be righteous today is to instill them with the future dimension of justice.

Thus, the Torah’s admonition to both litigants and judges is to pursue righteousness (tzedek) with the intention of tapping in to the higher, future, dimension of Divine righteousness (tzedek).

Conversely, the two mentions of righteousness informs us that the future state of justice depends on the way we prepare for it.

Connection to the Land

We can now understand the juxtaposition of righteous judgment with possession of the land in our verse: Rather than viewing the possession of the land as a reward for righteousness it is also a rationale for it. The Torah is, in effect, telling us that when we integrate the “inheritance of the land”, i.e., the dynamic of justice of the future Messianic Age when we will fully inherit the land, we then have some hope of attaining a modicum of true righteousness and justice even today in these last moments of exile.

From the book Light from the Future: Parshas Shoftim by Rabbi Heschel Greenberg, published by the Jewish Discovery Center.