Parashat Shoftim: Justice, Justice Let Us Pursue
(delivered by Rabbi Sacks on Friday, August 18, 2023)
Over the last several millennia, humanity has developed a large and growing body of profound writings, words which encapsulate the hopes, aspirations and potential of the human soul. Across the globe, religious traditions rightly exult in the majesty and depth of their sacred writings, which include the Bhagavad-Gita, the Rig-Veda, the Dammapada, the Tao Te Ching, and the Iliad. Together these constitute the core of the spiritual heritage of humanity, a crowning glory of literary art and religious passion.
Reading these books constitutes an exposure to greatness. Yet there is something lacking in them all that the Hebrew Bible possesses in unique measure: a passion for justice for the poor, the weak, and the despised. The Buddhist ideal is that of a bodhisattva, an enlightened being who is so pure that they can step over a beggar without remorse. The Jewish ideal begs to differ: Moses and Jeremiah consider justice and compassion to be the sine qua non of true religiosity. One cannot claim to love God and not be passionate about justice. That is a primary, if not the primary, Jewish contribution to the human spirit.
Yet we have a subtle Jewish assimilation going afoot nowadays: Because other religious traditions define “religion” primarily in terms of faith, prayer, and ritual alone, a significant number of Jews do so as well with Judaism. By focusing on the mitzvot bein adam la-Makom, between one person and G!d, as the primary definition of piety, we distort Judaism to fit the foreign contour of non-Jewish faiths, most notably Christianity in the American context. When we hope the synagogue not to take any action at all to align with any important movement for social change, or we come to the High Holy Day services praying that the Rabbi not speak about “politics,” we are failing to recognize justice as a primary religious category of Judaism. At the moment we do so, we tend to betray the broad heritage of Torah. Let me elaborate.
This week’s Torah portion opens:
שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכׇל־שְׁעָרֶ֔יךָ…וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃ לֹא־תַטֶּ֣ה מִשְׁפָּ֔ט
This is a summons to “appoint judges and officials for your tribes . . . and they shall govern the people with due justice. You shall not judge unfairly.”[1] With those words, and in countless other places, Moses insists that justice is an eternal religious obligation, at the very core of what it means to be a Jew. And that insistence is not restricted to biblical Judaism. The Rabbis of the Talmud and midrash were faithful proponents of this as well.
In Midrash Devarim Rabbah, they explain that G!d loves justice even more importantly than sacrifice. This bears out what Scripture says. “To do what is right and just is more desired by HaShem than sacrifice.” Scripture does not say “as much as sacrifice” but “more than sacrifice.”
The midrash then goes on at length to explain the many ways in which justice is superior to sacrifice in the sight of God.
- Whereas sacrifice could only function while the Temple stood in Jerusalem, justice and righteousness were essential during the biblical period and are no less mandated today.
- Whereas sacrifices could only atone for unintentional, accidental sins, acts of righteousness and justice atone even for intentional sins.
- Whereas sacrifices are offered only by humanity, even God is obligated to practice justice and righteousness.
- Whereas sacrifices are significant only in this world, righteousness and justice will remain a cornerstone in the Coming World.
For all of these reasons, the midrash affirms the centrality of justice as a Jewish calling. We cannot consider ourselves pious Jews without a firm commitment to making the world a more just and righteous place.
How we treat the weakest in our midst–the “widow” and “orphan,” to use the Torah’s language–is still the irreplaceable core of our identity. This is the heart of our prophetic tradition, which lies at the center of Tanakh. None of this implies that other mitzvot are unimportant. All mitzvot, both ritual and ethical, reflect the commandments of G!d as understood by the Jewish people throughout history.
- Every mitzvah plays an essential role in lifting us above our own self-centeredness and the despotism of time.
- Every mitzvah acts to refine character and to mold piety.
- Every mitzvah expresses our passion for our relationship with G!d.
We say all this as a matter of Jewish integrity and a rebuttal of those who would tailor Judaism to fit a Christian or other faith mold that tries to place justice outside of religion and asks representatives of religion to never speak about or do anything about it.
Rather than desiring the synagogue to avoid joining movements of social change, perhaps we can ask instead, “What’s the best way for us to get involved?”
Rather than hoping the rabbi doesn’t speak about “politics,” let us ask the rabbi, “What does Judaism have to teach about” whatever issue lies before us.
We can promote social justice without politicizing it.
We can promote civil weal without alienating people.
Let us be clear: ethics and a passion for justice remain the engines driving the entire enterprise of Judaism and Jewish life. Rituals are beautiful, and they are essential. But the frosting is not the entire cake. Rituals are the frosting spread over the heart of the cake. Goodness, justice and decency form the cake’s batter, the base. As the Torah insists, צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף, “Justice, justice shall you pursue.”[2]
We can have our cake and eat it, too. Let us enjoy the richness of Jewish living, and let us pursue justice.
Amen.
[1] Deuteronomy 16:18.
[2] Deuteronomy 16:20.