This sheet on Deuteronomy 16 was written by Molly Morris for 929 and can also be found here
At the end of Chapter 16, which also marks the start of the Torah portion of Judges, Moses directs the Israelites to appoint for themselves judges and officers of the court in every city. Following on the heels of the verses regarding the three pilgrimage festivals, this verse is a directive to the people to not hold up the judicial process until they make their pilgrimage, but to set the wheels of justice in motion without delay.
The injunction to set up judiciaries is coupled with the order to ensure the appointed judges are of righteous character, and the caution in verse 19 that “you shall not pervert judgement.” Why is that cautionary note directed toward the Israelites? Surely it’s the judges themselves who should be held accountable for any perversions of justice.
The Or HaChaim takes an extraordinary view, stating that “those who fail to appoint the proper judiciary contribute to unfair judgements” and God holds accountable both the appointers and appointee for any perversions of justice. It’s not a far leap to substitute “electors and elected” for “appointers and appointees” which should stop us in our tracks when we consider current political climates and the modern electoral process. Be careful about who you appoint/elect, not just because of potential outcomes but also because you are at least in part responsible for their actions.
And finally comes the peculiar final verse of Chapter 16, admonishing the Israelites to not plant idolatrous trees. What does an idolatrous tree have to do with corrupt judges? Rav Nachman, in his work Otzar haChaim, teaches that a corrupt judge is one who is easily influenced by public opinion, just as a tree bends and sways to the whim of the wind. And, according to the teachings of Rabbi Chaim Soloveitchik, though it may look much like all others from the outside, the corrupt judge, like the idolatrous tree, is rotten in its core.
We won’t see the perversions to come, or the rottenness, from the exterior persona or beautiful leaves, but it will eventually become evident. And if we the people haven’t chosen wisely, we are held accountable.
The injunction to set up judiciaries is coupled with the order to ensure the appointed judges are of righteous character, and the caution in verse 19 that “you shall not pervert judgement.” Why is that cautionary note directed toward the Israelites? Surely it’s the judges themselves who should be held accountable for any perversions of justice.
The Or HaChaim takes an extraordinary view, stating that “those who fail to appoint the proper judiciary contribute to unfair judgements” and God holds accountable both the appointers and appointee for any perversions of justice. It’s not a far leap to substitute “electors and elected” for “appointers and appointees” which should stop us in our tracks when we consider current political climates and the modern electoral process. Be careful about who you appoint/elect, not just because of potential outcomes but also because you are at least in part responsible for their actions.
And finally comes the peculiar final verse of Chapter 16, admonishing the Israelites to not plant idolatrous trees. What does an idolatrous tree have to do with corrupt judges? Rav Nachman, in his work Otzar haChaim, teaches that a corrupt judge is one who is easily influenced by public opinion, just as a tree bends and sways to the whim of the wind. And, according to the teachings of Rabbi Chaim Soloveitchik, though it may look much like all others from the outside, the corrupt judge, like the idolatrous tree, is rotten in its core.
We won’t see the perversions to come, or the rottenness, from the exterior persona or beautiful leaves, but it will eventually become evident. And if we the people haven’t chosen wisely, we are held accountable.
(יט) לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט לֹ֥א תַכִּ֖יר פָּנִ֑ים וְלֹא־תִקַּ֣ח שֹׁ֔חַד כִּ֣י הַשֹּׁ֗חַד יְעַוֵּר֙ עֵינֵ֣י חֲכָמִ֔ים וִֽיסַלֵּ֖ף דִּבְרֵ֥י צַדִּיקִֽם׃
(19) 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.
Molly Morris holds a Masters degree in Leadership and Community Engagement. Molly participates in the 929 initiative with a dedicated group from the Beth Avraham Yoseph of Toronto congregation.
929 is the number of chapters in the Tanakh, the Hebrew Bible, the formative text of the Jewish heritage. It is also the name of a cutting-edge project dedicated to creating a global Jewish conversation anchored in the Hebrew Bible. 929 English invites Jews everywhere to read and study Tanakh, one chapter a day, Sunday through Thursday together with a website with creative readings and pluralistic interpretations, including audio and video, by a wide range of writers, artists, rabbis, educators, scholars, students and more. As an outgrowth of the web-based platform, 929 English also offers classes, pop-up lectures, events and across North America. We invite you to learn along with us and be part of our dynamic community.
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