The two key terms are Tzedakah (tzedek- justice) and mishpat (judgement). The word mishpat means the judgment given by the shofet (judge); hence the word can mean justice, norm, ordinance, legal right, law. The word tzedakah may be rendered by "righteousness." While legality and righteousness are not identical, they must always coincide, the second being reflected in the first.
It is exceedingly difficult to establish the exact difference in meaning of the biblical terms mishpat, justice, and tzedakah, righteousness (which in parallelism are often used as variants). However, it seems that justice is a mode of action, righteousness a quality of the person. Significantly,the noun derived from shafat (to judge) is shofet, which came to mean a judge or arbitrator; while the noun from tsadak (to be just) is tsaddik, a righteous man.
Righteousness goes beyond justice. Justice is strict and exact, giving each person his due. Righteousness implies benevolence, kindness, generosity. Justice is a form, a state of equilibrium; righteousness has a substantive associated meaning. Justice may be legal; righteousness is associated with a burning compassion for the oppressed. When you extend a loan to a poor man, "you shall not sleep in his pledge; when the sun goes down, you shall restore to him the pledge, that he may sleep in his cloak and bless you; and it shall be righteousness to you before the Lord your God." (Deuteronomy 24:10-13).
It would be wrongto assume that there was a dichotomy of mishpat and kindess; "Justice was not equal justice but a bias in favor of the poor. Justice always leaned toward mercy for the widows and the orphans." Divine justice involves His being merciful, compassionate.
There the Lord is waiting to be gracious to you;
Therefore He exalts Himself to show mercy to you.
For the Lord is a God of justice;
Blessed are all those who wait for Him. (Isaiah 30:18)
Justice dies when dehumanized, no matter how exactly it may be exercised. Justice dies when deified, for beyond all justice is God's compassion. The logic of justice may seem impersonal, yet the concern for justice is an act of love.
Suggested Discussion Questions:
1. Is it necessary to distinguish between tzedek and mishpat, justice and righteousness?
2. How did Heschel's understanding of justice inform his role as an activist in the Civil Rights Movement?
3. How does Heschel weave together his commentary about social justice and legal concepts? In which ways is this an effective tool?
Time Period: Contemporary (The Yom Kippur War until the present-day)