Torah tidbits
Judges & Justice - Why Us?
We have to appoint judges and those who will enforce the laws. We have to rely on the testimony of two or three witnesses to establish the truth of many matters. We have to question and scrupulously examine witnesses. We have to punish false witnesses and witnesses who plotted against an innocent party. We cannot pervert justice, cannot take bribes, cannot favor the poor person in judgment, cannot find fault even in the wicked person because of his wickedness. We cannot be afraid to judge. We cannot hear a party to a dispute without the other party being present. We cannot decide on our own how to punish certain criminals, yet in certain cases, that decision is very much ours.

And it isn't only our task to set up a working system of justice. We believe that every society on earth is obligated and required to set up a just justice system. This is the one "positive" command among the Seven Noahide Laws. DINIM. The other six mitzvot of Bnei No'ach are all prohibitions. Dinim is a broad, far-reaching command which includes criminal law, civil law... even traffic laws. Whatever society needs to function properly.

But we get tangled up sometimes. Witnesses can lie and even shrewd questioning by judges might not pick up on it. Innocent people can be punished. Guilty people can get away with their crimes. Judges can become corrupt. So why doesn't G-d maintain His role as Judge, the Dayan HaEmet, impervious to bribes, knower of the truth no matter what witnesses think they saw. 

In fact, G-d does retain His role as Judge. He never gave that up. But He does chose to turn over first jurisdiction to humans - Jews and non-Jews (not quite) alike. Why?

Because society cannot function unless its members are directly responsible for its running. And that includes a justice system. We need accountability for our deeds. When the wrong that one does is in an area that involves only himself and G-d, then G-d is the sole judge of the matter. But when one's behavior impacts on others, then we Jews, we humans, must be the first line of responsibility for settling disputes and judging our fellows, and righting wrongs.

And when our system hits a snag and someone gets away with something, then we have the perfect back-up system. G-d. He is and always will be the True Judge, employing strict justice mixed heavily with Divine Mercy. But it is crucial for us that we be involved in the process, and that we do as good a job of it as is possible.


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