Sometimes it’s easier to identify what something isn’t than what it is. Justice may be one of those ideas. What is justice? It’s a question that philosophers have been asking – and offering their own answers – for thousands of years. And to complicate matters, there are many types of justice. Distributive Justice, Procedural Justice, Racial Justice, Retributive Justice, Environmental Justice, and beyond.
Some of the earlier theories of justice whose echoes can still be heard today, include Plato and Aristotle. Briefly, Plato's idea of justice, as presented in "The Republic" is one of harmony, where everyone plays the role in society they are naturally meant to play; those who are better shall have more, and those who have less shall have less. Aristotle, in his "Politics" notes the idea of a Natural Slave, someone who by their very nature is meant to be owned and controlled by others. In Plato and Aristotle worlds, and even in some societies today (including America, until recently), slavery on these (largely racist) grounds is not at odds with justice. What would be unjust would for people to be slaves if they were not naturally suited to be, but slavery itself would be just, when done appropriately.
The Torah itself condones slavery as well, albeit with a limited scope and relaxed laws relative to the times it was given or written. A key difference between the Torah's slavery and Aristotle's slavery, however, is the essential justification Aristotle presents, rather than a practical one. The idea of a Natural Slave is anathema to the Torah. Similarly, though we do have Kings and monarchies in the Torah, those who are Kings are not considered to be rulers over other humans in any objective or essential way.
As we can see, questions of what is just and what is unjust hinge on how we perceive our fellow human beings. Before the Torah introduces religion, or criminal or civil procedures, it first establishes a base line for the nature of humanity. Based on some of the teachings of Rabbi Shai Held, we will first explore these basic assumptions:
וַיֹּ֣אמֶר אֱלֹקִ֗ים תַּֽדְשֵׁ֤א הָאָ֙רֶץ֙ דֶּ֔שֶׁא עֵ֚שֶׂב מַזְרִ֣יעַ זֶ֔רַע עֵ֣ץ פְּרִ֞י עֹ֤שֶׂה פְּרִי֙ לְמִינ֔וֹ אֲשֶׁ֥ר זַרְעוֹ־ב֖וֹ עַל־הָאָ֑רֶץ וַֽיְהִי־כֵֽן׃ וַתּוֹצֵ֨א הָאָ֜רֶץ דֶּ֠שֶׁא עֵ֣שֶׂב מַזְרִ֤יעַ זֶ֙רַע֙ לְמִינֵ֔הוּ וְעֵ֧ץ עֹֽשֶׂה־פְּרִ֛י אֲשֶׁ֥ר זַרְעוֹ־ב֖וֹ לְמִינֵ֑הוּ וַיַּ֥רְא אֱלֹקִ֖ים כִּי־טֽוֹב׃ וַֽיְהִי־עֶ֥רֶב וַֽיְהִי־בֹ֖קֶר י֥וֹם שְׁלִישִֽׁי׃...וַיֹּ֣אמֶר אֱלֹקִ֔ים יִשְׁרְצ֣וּ הַמַּ֔יִם שֶׁ֖רֶץ נֶ֣פֶשׁ חַיָּ֑ה וְעוֹף֙ יְעוֹפֵ֣ף עַל־הָאָ֔רֶץ עַל־פְּנֵ֖י רְקִ֥יעַ הַשָּׁמָֽיִם׃ וַיִּבְרָ֣א אֱלֹקִ֔ים אֶת־הַתַּנִּינִ֖ם הַגְּדֹלִ֑ים וְאֵ֣ת כָּל־נֶ֣פֶשׁ הַֽחַיָּ֣ה ׀ הָֽרֹמֶ֡שֶׂת אֲשֶׁר֩ שָׁרְצ֨וּ הַמַּ֜יִם לְמִֽינֵהֶ֗ם וְאֵ֨ת כָּל־ע֤וֹף כָּנָף֙ לְמִינֵ֔הוּ וַיַּ֥רְא אֱלֹקִ֖ים כִּי־טֽוֹב׃ וַיְבָ֧רֶךְ אֹתָ֛ם אֱלֹקִ֖ים לֵאמֹ֑ר פְּר֣וּ וּרְב֗וּ וּמִלְא֤וּ אֶת־הַמַּ֙יִם֙ בַּיַּמִּ֔ים וְהָע֖וֹף יִ֥רֶב בָּאָֽרֶץ׃ וַֽיְהִי־עֶ֥רֶב וַֽיְהִי־בֹ֖קֶר י֥וֹם חֲמִישִֽׁי׃ (פ) וַיֹּ֣אמֶר אֱלֹקִ֗ים תּוֹצֵ֨א הָאָ֜רֶץ נֶ֤פֶשׁ חַיָּה֙ לְמִינָ֔הּ בְּהֵמָ֥ה וָרֶ֛מֶשׂ וְחַֽיְתוֹ־אֶ֖רֶץ לְמִינָ֑הּ וַֽיְהִי־כֵֽן׃ וַיַּ֣עַשׂ אֱלֹקִים֩ אֶת־חַיַּ֨ת הָאָ֜רֶץ לְמִינָ֗הּ וְאֶת־הַבְּהֵמָה֙ לְמִינָ֔הּ וְאֵ֛ת כָּל־רֶ֥מֶשׂ הָֽאֲדָמָ֖ה לְמִינֵ֑הוּ וַיַּ֥רְא אֱלֹקִ֖ים כִּי־טֽוֹב׃ וַיֹּ֣אמֶר אֱלֹקִ֔ים נַֽעֲשֶׂ֥ה אָדָ֛ם בְּצַלְמֵ֖נוּ כִּדְמוּתֵ֑נוּ וְיִרְדּוּ֩ בִדְגַ֨ת הַיָּ֜ם וּבְע֣וֹף הַשָּׁמַ֗יִם וּבַבְּהֵמָה֙ וּבְכָל־הָאָ֔רֶץ וּבְכָל־הָרֶ֖מֶשׂ הָֽרֹמֵ֥שׂ עַל־הָאָֽרֶץ׃ וַיִּבְרָ֨א אֱלֹקִ֤ים ׀ אֶת־הָֽאָדָם֙ בְּצַלְמ֔וֹ בְּצֶ֥לֶם אֱלֹקִ֖ים בָּרָ֣א אֹת֑וֹ זָכָ֥ר וּנְקֵבָ֖ה בָּרָ֥א אֹתָֽם׃ וַיְבָ֣רֶךְ אֹתָם֮ אֱלֹקִים֒ וַיֹּ֨אמֶר לָהֶ֜ם אֱלֹקִ֗ים פְּר֥וּ וּרְב֛וּ וּמִלְא֥וּ אֶת־הָאָ֖רֶץ וְכִבְשֻׁ֑הָ וּרְד֞וּ בִּדְגַ֤ת הַיָּם֙ וּבְע֣וֹף הַשָּׁמַ֔יִם וּבְכָל־חַיָּ֖ה הָֽרֹמֶ֥שֶׂת עַל־הָאָֽרֶץ׃
And God said, “Let the earth sprout vegetation: seed-bearing plants, fruit trees of every kind on earth that bear fruit with the seed in it.” And it was so. 12 The earth brought forth vegetation: seed-bearing plants of every kind, and trees of every kind bearing fruit with the seed in it. And God saw that this was good. 13 And there was evening and there was morning, a third day...20 God said, “Let the waters bring forth swarms of living creatures, and birds that fly above the earth across the expanse of the sky.” 21 God created the great sea monsters, and all the living creatures of every kind that creep, which the waters brought forth in swarms, and all the winged birds of every kind. And God saw that this was good. 22 God blessed them, saying, “Be fertile and increase, fill the waters in the seas, and let the birds increase on the earth.” 23 And there was evening and there was morning, a fifth day. 24 God said, “Let the earth bring forth every kind of living creature: cattle, creeping things, and wild beasts of every kind.” And it was so. 25 God made wild beasts of every kind and cattle of every kind, and all kinds of creeping things of the earth. And God saw that this was good. 26 And God said, “Let us make (hu)man in our image, after our likeness. They shall rule the fish of the sea, the birds of the sky, the cattle, the whole earth, and all the creeping things that creep on earth.” 27 And God created (hu)man in God's image, in the image of God, God created him; male and female God created them. 28 God blessed them and God said to them, “Be fertile and increase, fill the earth and master it; and rule the fish of the sea, the birds of the sky, and all the living things that creep on earth.”
- What do you notice is distinctive about the creation of humans relative to animals?
- Why do you think the text goes out of its way to point out that humans were created singularly, and in the "image of God"?
- What do you think we are to take away from these two features?
- How might this text be used to help frame conversations around justice?
...שֶׁכֵּן מָצִינוּ בְקַיִן שֶׁהָרַג אֶת אָחִיו, שֶׁנֶּאֱמַר (בראשית ד) דְּמֵי אָחִיךָ צֹעֲקִים, אֵינוֹ אוֹמֵר דַּם אָחִיךָ אֶלָּא דְּמֵי אָחִיךָ, דָּמוֹ וְדַם זַרְעִיּוֹתָיו. דָּבָר אַחֵר, דְּמֵי אָחִיךָ, שֶׁהָיָה דָמוֹ מֻשְׁלָךְ עַל הָעֵצִים וְעַל הָאֲבָנִים. לְפִיכָךְ נִבְרָא אָדָם יְחִידִי, לְלַמֶּדְךָ, שֶׁכָּל הַמְאַבֵּד נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ אִבֵּד עוֹלָם מָלֵא. וְכָל הַמְקַיֵּם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל, מַעֲלֶה עָלָיו הַכָּתוּב כְּאִלּוּ קִיֵּם עוֹלָם מָלֵא. וּמִפְּנֵי שְׁלוֹם הַבְּרִיּוֹת, שֶׁלֹּא יֹאמַר אָדָם לַחֲבֵרוֹ אַבָּא גָדוֹל מֵאָבִיךָ. וְשֶׁלֹּא יְהוּ מִינִין אוֹמְרִים, הַרְבֵּה רָשֻׁיּוֹת בַּשָּׁמָיִם. וּלְהַגִּיד גְּדֻלָּתוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁאָדָם טוֹבֵעַ כַּמָּה מַטְבְּעוֹת בְּחוֹתָם אֶחָד וְכֻלָּן דּוֹמִין זֶה לָזֶה, וּמֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא טָבַע כָּל אָדָם בְּחוֹתָמוֹ שֶׁל אָדָם הָרִאשׁוֹן וְאֵין אֶחָד מֵהֶן דּוֹמֶה לַחֲבֵרוֹ. לְפִיכָךְ כָּל אֶחָד וְאֶחָד חַיָּב לוֹמַר, בִּשְׁבִילִי נִבְרָא הָעוֹלָם...
For so have we found it with Cain that murdered his brother, for it says, “The bloods of your brother cry out” (Gen. 4:10). It doesn’t say, “The blood of your brother”, but rather “The bloods of your brother” meaning his blood and the blood of his descendants...Therefore but a single person was created in the world, to teach that if any person has caused a single life to perish from Israel, they are deemed by Scripture as if they had caused a whole world to perish; and anyone who saves a single soul from Israel, they are deemed deemed by Scripture as if they had saved a whole world. Again [but a single person was created] for the sake of peace among humankind, that one should not say to another, “My father was greater than your father.” Again, [but a single person was created] against the heretics so they should not say, “There are many ruling powers in heaven”. Again [but a single person was created] to proclaim the greatness of the Holy Blessed One; for humans stamp many coins with one seal and they are all like one another; but the King of kings, the Holy Blessed One, has stamped every human with the seal of the first man, yet not one of them are like another. Therefore everyone must say, “For my sake was the world created.”
Rav Naḥman says that Rabba bar Avuh says: The verse states: “And you shall love your neighbor as yourself” (Leviticus 19:18), which teaches that even with regard to a condemned prisoner one should select a good, i.e., a compassionate, death for them.
(1) Of Solomon. O God, endow the king with Your judgments, the king’s son with Your righteousness/justice; (2) that he may judge Your people with justice, Your lowly ones, justly...Let him champion the lowly among the people, deliver the needy folk, and crush those who wrong them...(9) Let desert-dwellers kneel before him, and his enemies lick the dust...For he saves the needy who cry out, the lowly who have no helper. (13) He cares about the poor and the needy; He brings the needy deliverance. (14) He redeems them from fraud and lawlessness; the shedding of their blood weighs heavily upon him.
So, what does a just world look like? At minimum, a just world is where every individual human being is seen and treated as if they are in God's image. What does that look like in practice? Some might say that means we should never cage another human being - and that honors God's image. Others might say, well, at times we do need to confine people, but while they are inside, they should still be treated with dignity and be seen for their Divinity and not a crime they were accused of committing. In other words, this doesn't generate a clear policy decision, though perhaps we can share some reflections at the end of the session.
Now that we have seen that the Torah insists on the infinite value and infinite uniqueness that is every human being, let us turn to a question of who is to ensure a just society. What is the role of judges, and what is the role of the lay community?
We will address this question by unpacking a famous verse, and explore if it should, indeed, be a rallying call to justice? (Inspired by some writings of Rabbi David Kasher)
צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף...
"Justice justice you (sing.) shall pursue."
- Isolated from context, how do you interpret this verse?
- What do you make of the double-language of "Tzedek" (righteousness or justice)? What might it coming to include, exclude, or emphasize?
- Do you think the singular language of "you shall pursue" is significant?
- Who might be the one pursuing justice? Who might be trying to run away from justice?
(20) Justice justice [or righteousness, righteousness] you shall pursue, that you may love and inherit the land that the LORD your God is giving you.
- What does the full verse add to your understanding of "Tzedek Tzedek Tirdof?"
- Why is righteousness, or justice, something that needs to be pursued? What does this verb imply, that, say, "follow" or "keep" or "remember" might not
- What is at stake if justice is not pursued here? Does this change how you might apply this verse when thinking about social justice?
Give to yourself magistrates and officials (judges and police) within your settlements/gates that God gave you for your tribes, and they shall govern the people with due justice. You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. Justice justice you shall pursue, that you may thrive and occupy the land that the LORD your God is giving you. You shall not set up a sacred post—any kind of pole beside the altar of the LORD your God that you may make— or erect a stone pillar; for such the LORD your God detests. You shall not sacrifice to the LORD your God an ox or a sheep that has any defect of a serious kind, for that is abhorrent to the LORD your God.
You shall act in accordance with the instructions given you and the ruling handed down to you; you must not deviate from the verdict that they announce to you either to the right or to the left.
- What does this additional context add to our previous understanding(s) of the verse?
- Who is our famous verose verse speaking to?
- Who does it empower? Who does it disempower?
- What are the relative risks and merits? What is problematic about elevating one party over the other, and what might be advantageous?
- What do you make of the transition from the discussions about justice to not setting up impure or forbidden sacrifical altars?
ימין ושמאל [THOU SHALT NOT DEPART FROM THE WORD WHICH THEY SHALL TELL THEE] TO THE RIGHT NOR TO THE LEFT, even if he (the judge) tells you about what appears to you to be right that it is left, or about what appears to you to be left that it is right, you have to obey him; how much the more is this so if actually he tells...
When he (the judge) is seated on his royal throne, he shall have a copy of this Teaching written for him on a scroll by the levitical priests. Let it remain with him and let him read in it all his life, so that he may learn to revere the LORD his God, to observe faithfully every word of this Torah as well as these laws. Thus he will not act haughtily toward his fellows or deviate from the Mitzvah to the right or to the left, to the end that he and his descendants may reign long in the midst of Israel.
- How does this verse address some of the concerns we mentioned above about empowering the judges?
- How might it counterbalance the power difference and actually empower the community?
- Tzedek Tzedek Tirdof - from looking at these sources, who would you say Tzedek Tzedek Tirdof is addressed to, and what are each's responsibilities in ensuring justice is served?
"ואהבת לרעך כמוך" – רבי עקיבא אומר זה כלל גדול בתורה. בן עזאי אומר "זה ספר תולדות אדם" – זה כלל גדול מזה.
"And you shall love your neighbor as yourself": R. Akiva says: This is an all-embracing principle in the Torah. Ben Azzai says: (Bereshith 5:1) "This is the numeration of the generations of Adam" — This is an even greater principle.
(א) ואהבת לרעך כמוך אני ה'. כתב ראב"ן ז"ל בספרו...נ"ל פירושו דהכי דריש בן עזאי זה ספר תולדות אדם כל אדם יאהב את חבירו כאלו הוא תולדה שלו כלומר בנו ור"עק אומר כל אדם יאהב את חבירו כעצמו. בן עזאי סובר אדם אוהב בנו יותר מגופו ורבי עקיבא סובר אוהב את גופו יותר מבנו (כנ"ל להגיה) ולהכי כלל של ואהבת לרעך כמוך גדול מכלל של זה ספר תולדות אדם. עכ"ל.
The Ravan, of blessed memory writes in his book...It seems to me that his explanation is that Ben Azzai was explicating "This is the book of the generations/offspring of Adam" - every man should love his fellow as if he were their offspring, that is to say, like his son...
(10) Hear the word of the LORD, You chieftains of Sodom; Give ear to our God’s instruction, You folk of Gomorrah! (11) “What need have I of all your sacrifices?” Says the LORD. “I am sated with burnt offerings of rams, And suet of fatlings, And blood of bulls; And I have no delight In lambs and he-goats. (12) That you come to appear before Me— Who asked that of you? Trample My courts (13) no more; Bringing oblations is futile, Incense is offensive to Me. New moon and sabbath, Proclaiming of solemnities, Assemblies with iniquity, I cannot abide. (14) Your new moons and fixed seasons Fill Me with loathing; They are become a burden to Me, I cannot endure them. (15) And when you lift up your hands, I will turn My eyes away from you; Though you pray at length, I will not listen. Your hands are stained with crime— (16) Wash yourselves clean; Put your evil doings Away from My sight. Cease to do evil; (17) Learn to do good. Devote yourselves to justice; Aid the wronged. Uphold the rights of the orphan; Defend the cause of the widow....(19) If, then, you agree and give heed, You will eat the good things of the earth; (20) But if you refuse and disobey, You will be devoured [by] the sword.— For it was the LORD who spoke. (21) Alas, she has become a harlot, The faithful city That was filled with justice, Where righteousness dwelt— But now murderers. (22) Your silver has turned to dross; Your wine is cut with water. (23) Your rulers are rogues And cronies of thieves, Every one avid for presents And greedy for gifts; They do not judge the case of the orphan, And the widow’s cause never reaches them. (24) Assuredly, this is the declaration Of the Sovereign, the LORD of Hosts, The Mighty One of Israel: “Ah, I will get satisfaction from My foes; I will wreak vengeance on My enemies! (25) I will turn My hand against you, And smelt out your dross as with lye, And remove all your slag: (26) I will restore your magistrates as of old, And your counselors as of yore. After that you shall be called City of Righteousness, Faithful City.” (27) Zion shall be saved in the judgment; Her repentant ones, in the retribution.