OU Torah Insights

By Rabbi Avraham Fischer. A publication of the Orthodox Union in cooperation with the Seymour J. Abrams Orthodox Union Jerusalem World Center

Parshat Shoftim
August 29
, 2003

In judging the people of Israel, there will be times when the judges will not know how to decide:
If a matter of judgment be concealed from you (KI YIPALEI MIMCHA DAVAR LA’MISHPAT), between blood and blood (BEIN DAM L’DAM), between law and law (BEIN DIN L’DIN), and between plague and plague (U’VEIN NEGA LA’NEGA), matters of dispute (DIVREI RIVOT) in your gates; then you shall arise and ascend to the place which Hashem, your G-d, will choose (Devarim 17:8).

Although this passage has many far-reaching implications, its primary focus is on the judges themselves, who might find a particular case too difficult. Writes Sforno (R. Ovadiah Sforno, 1470/1475-1550):
“Although you appointed judges for each city so that each court shall judge its city, nevertheless, if a doubt arises regarding the traditional teaching, the court of that city shall not decide according to its own deliberation, but the decision shall be made according to the deliberation of the majority of the High Court (in Jerusalem). [This is also the case] when [the local court] cannot reach a majority opinion.”

Thus, the lower courts will not dispute with one another. Here, the difficulty among the judges arises due to a doubt about the original law. The High Court takes final responsibility for transmitting the laws accurately.

Other commentaries suggest that the question arises within the lower court as a result of a genuine disagreement concerning the application of the law. Despite unanimity about the parameters of the law, the judges might nonetheless disagree how the law is to be applied in a particular case. Then the case is referred to a higher and higher court, possibly going as far as the Supreme Court that convenes in the chamber at the entrance to the Temple (See Rambam, “Laws of the Sanhedrin” 1:3; “Laws of Rebels” 1:4; 3:8).

Along these lines, Rashi, following Onkelos, writes that doubts may arise
“between blood and blood  between ritually unclean blood and clean blood.”
In other words, the judges cannot come to an agreement whether the blood they are examining renders the person tamei.
"between law and law between a decision of "not guilty" and a decision of "guilty."
This means that the judges cannot agree whether the facts prove the accused guilty.
“and between plague and plague  between a ritually unclean plague and a clean plague.”
This is because not every instance of a plague that resembles tzara'at makes the afflicted person tamei.

While Ibn Ezra and Ramban have different interpretations of these phrases, the essential idea is the same: The judges are unsure how to rule in any one of the many areas of Halachah civil law, criminal law, capital offenses, ritual law  so they take their case to the Sanhedrin.

The overall impression one gets is of an atmosphere of uncertainty that must be resolved, towards the goal of restoring order. To borrow a phrase of our Sages,
"so that disputes may not increase within Israel" (Megillah 3a, and elsewhere).

Disagreement and lack of clarity obviously is an undesirable state of affairs. Rashi echoes this in his comments on DIVREI RIVOT, “matters of dispute in your gates”, which may be read as a summary of the first part of the verse:
“When the wise men of the city disagree over the matter, this one declaring unclean and this one declaring clean; this one ruling guilty and this one ruling not guilty.” It was the function of the Sanhedrin to provide unanimity and structure, not only for the court system, but also for the entire Jewish People: When the Sanhedrin existed, there was no dispute in Israel. Instead, if a doubt arose in a Jew's mind over any law, he would inquire of the court in his city. If they knew, they would tell him. If not, the questioner and that court, or its agents, would ascend to Jerusalem and ask the court . . . who deliberate about the matter at that time and debate it back and forth until they reach a uniform decision, or until a vote is taken. They follow the majority and then tell all the questioners: "This is the halachah." Then they all depart (Rambam, “Laws of Rebels” 1:4).
Out of disunity emerges certitude.

The beginning of the dispute is, “If a matter of judgment be concealed from you” (KI YIPALEI MIMCHA DAVAR LA’MISHPAT). YIPALEI derives from the root PEI-LAMED-ALEF, Rashi says that this root always denotes separation:
“The matter is separated, concealed from you.”
To Rashi, YIPALEI means the matter is beyond you, it is abstruse. This type of murkiness leads to disharmony.

However, there is another side to YIPALEI. Chizkuni (R. Chezkiya ben Manoach, 13th century) points out that the root PEI-LAMED-ALEF has two opposite meanings. In addition to the meaning of "concealment," as in our verse, we also find
“when one will YAFLI a vow” (Vayikra 27:2).
In this verse, YAFLI means "express, enunciate" (see also Bamidbar 6:2). So, the same word can denote both indefiniteness and clarity!

We might add to this, that the word PELE means a miracle, a wonder (Shemot 15:11, and elsewhere). It is, therefore, both incomprehensible  a "wonder"  and a clear demonstration of Hashem's presence.

How can we reconcile these two aspects of YIPALEI?

It is important to recognize that, since no two human beings are alike, and since the Torah was entrusted to us to grapple with, a multiplicity of interpretations is inevitable. This is part of the "wonder" that is man: “The Holy One, Blessed be He, stamped all people with the die of Primordial Adam, and yet not one of them resembles the other” (Sanhedrin 4:5). Argument, in the pursuit of Torah truth, is not only legitimate; it is the ideal: “One who sees, in a dream, goring oxen [is thus given a sign that he] will have children who will "clash" over the Torah” (Berachot 56:).

For the good of the Torah society, standards of behavior must be set. Still, wherever Torah is studied passionately  from the classroom to the beit midrash to the Sanhedrin itself  it is a dynamic, living entity.

"Ain Torah K'Torat Eretz Yisrael!"- Torah from Aloh Na'aleh*
Parshat Shoftim

Parshat Shoftim follows the pattern of much of Sefer Devarim in presenting the mitzvot and institutions that were to be established upon the settlement of our forefathers in Eretz Yisrael. As the name of our Parshah - Judges - indicates, a local and national judicial system was to be established. Ultimately, the Supreme Court - the Sanhedrin of seventy-one judges - was to be located in Jerusalem in a chamber (the Lishkat HaGazit) that was part of the Temple complex.

Non-Jews - who are obligated to fulfill the seven universal laws referred to as "the seven mitzvot of the descendants of Noah" - are also required by Torah law to establish courts of law. While the administration of justice applies equally to all peoples, the Sanhedrin's status is radically different from that of any other judicial body. Our Parshah teaches that the Sanhedrin can only hear capital cases when it is seated in its Jerusalem venue.

"If any case should arise for you to decide in a matter of blood[shed]... you shall go up to the place which the Lord your God shall choose.... (Devarim, 17:8)." The Talmud (Sanhedrin 14b) derives from this verse "shehamakom gorem," that the PLACE of the Sanhedrin grants it the authority to try capital cases. If the Sanhedrin moves from its seat of judgment, as was the case forty years before the destruction of the Second Temple, capital cases can no longer be adjudicated. Such a phenomenon is found in no other court system in the world, because in all other judicial systems, judgments are rendered solely on the basis of the evidence presented.

To understand this anomaly, we must invoke the words of the prophet Isaiah, "...for out of Zion shall go forth the law and the word of God from Jerusalem (Isaiah 2:3)." A full measure of justice can take place only in the 'presence' of God - "...in the midst of the judges, He gives judgment (Psalms 82:1)." Jerusalem is the source of full revelation and it is from there that the rest of the world is sustained. Thus, we can understand why Chazal gave preference to Torah study in Eretz Yisrael over that in any other country (Sifre on Ekev) and why they equated residency in Chutz la'Aretz with living without a personal [relationship with] God (Ketubot 110b). Through residency in Israel, we identify with the focal point of our destiny as a people; only there are we able to reach our full spiritual potential. And this is why immigration to Israel was referred to throughout the ages as "aliyah" - an act of ascending.

Rabbi Mordechai Spiegelman

Jerusalem

*D’var Torah from Aloh Na'aleh: an initiative of former North American Rabbis and laymen who successfully made Aliyah, aimed at highlighting the centrality of Israel and promoting Aliyah. They send emissaries – Rabbis, academicians, and others – on speaking-tours throughout the U.S. and Canada.

Contact information:

Tel: 972-2-566-1181 ext. 320
Fax: 972-2-566-1186
Email: aloh-naaleh@aaci.org.il


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