Parshas Shoftim is primarily dedicated to the structure and operation of the government which Bnei Yisroel would establish once they would settle the Land. Thus, the roles and parameters of Melech (King), Navi (Prophet), Sanhedrin (Great Court), Kohen and Levi are featured, as are the rules of judicial proceedings and warfare.

Were one to draft a description of how the typical government is structured and operates, one would probably begin with the executive branch (king, president or prime minister), then address the role of a legislative or advisory body, and leave the court system for last, or close to last. However, Parshas Shoftim first presents the court system and only subsequent to this is the role of the Melech portrayed. Why is this? Isn't this sequencing odd?

If we take a closer look, we encounter an even more unusual structure in the text, for smack in the middle of its presentation of the court system, the Torah inserts the prohibitions of Asheirah (planting a tree in the Beis Ha-Mikdash), Matzeivah (sacrificing on a tall mound), and offering a Ba'al Mum (sacrifice with a blemish). Right after presenting these three issurim (prohibitions), the Torah returns to the topic of the judiciary and explains how a capital offense case and how testimony are to be handled. Why does the Torah interject the issurim of Asheirah, Matzeivah and Ba'al Mum in the middle of its presentation of the judicial branch of government?

The Rambam remarks that Asheirah was forbidden because it was a rite associated with idolatry, and that Matzeivah likewise was a format for idolatrous worship in ancient times. With this is mind, we can safely postulate that the issurim of Asheirah, Matzeivah and Ba'al Mum are - as they relate to Judaism - forms of religious hypocrisy, as the introduction of idolatrous rites and relics in the venue of Avodas Hashem (Divine Service) is the very antithesis of Avodas Hashem. Similarly, to offer a Ba'al Mum is to practice an Avodah of hypocrisy, for one's korbon (sacrifice) - which is intended to display love and respect for God and commitment to Him - is really a defective, lower-grade, unattractive and unappealing object. This was the sin of Kayin (Cain), and it undermines the meaning of genuine Avodah in the extreme.

With this is mind, it would seem that the Torah placed the prohibitions of Asheirah, Matzeivah and Ba'al Mum in the middle of its presentation of the judicial system to declare, by way of analogy, the fundamental role of the Sanhedrin and the beis din (Torah court) system. The Sanhedrin and lower batei din are not a mere branch of government. Rather, the Sanhedrin and batei din are the defining quality and the essence of Jewish government. This is why, unlike the Melech, the Beis Din Ha-Gadol (Great Sanhedrin) and its two immediately lower courts are actually stationed in the Beis Ha-Mikdash, as the Sanhedrin - reflective of Torah authority and teaching - is the central and most important body in Judaism and its commonwealth. Just as planting an Asheirah in the Beis Ha-Mikdash or sacrificing on a Matzeivah or offering a Ba'al Mum symbolizes hypocrisy and an attitude which is totally antithetical to Avodas Hashem, so does consideration of the Sanhedrin and its batei din as mere functionaries, or as just another branch of government, reflect a distorted and very warped understanding of the role of Torah and Torah leadership in the Jewish commonwealth and religious life. The talmidei chachamim (Torah scholars) who constitute the Sanhedrin and batei din are not merely legal experts and adjudicators; rather, they are the heart, soul and mind of the nation and its way of life.

It is precisely for this reason that Parshas Shoftim presents the court system first, rather than the position of Melech. The Sanhedrin - and Torah leadership and scholarship in general - are the core and lifeblood of Judaism and the Jews as a people. Torah learning and practice defines us; it is not merely one of many characteristics that describe what our religion and nation are about. The Beis Din Ha-Gadol is the sole body of government which is fixed in the Beis Ha-Mikdash, attesting to the total and unique centrality of Torah leadership and learning.

This message has great bearing on contemporary Jewish society, where Jewish culture, Hebrew language and Jewish-related political aspirations have replaced or overshadowed the importance of Torah in many circles and have become the primary identifying qualities of Judaism and Jews, and the advocates and champions of these pursuits have taken the place of Torah leaders as the central representatives of our faith and our nation - even among some religiously-observant Jews. This is a grave mistake. May we look unto Parshas Shoftim for direction and perspective and thereby attain understanding of our true defining characteristics and essence and the priorities of our faith and lifestyle.