Torah Emphasizes Judges' Broader Social Responsibility Beyond Legal Rulings
The Torah portion of Shoftim begins with the establishment of Israel's judicial system and concludes with the enigmatic ritual of the decapitated calf (eglah arufah). This connection highlights that judges' roles extend beyond adjudicating disputes to embracing societal responsibility, safeguarding the sanctity of life, and pursuing justice even when no perpetrator can be prosecuted.
Shoftim initially outlines the appointment of judges, their placement, prohibitions against bribery and bias, and the assurance of justice. However, the portion ends with the unusual egah arufah ceremony, performed when a murdered person is found in a field and the killer is unknown. Elders and judges of the city symbolically decapitate a calf by a stream and declare their innocence regarding the bloodshed. This law is among the "chukim," commandments without clear rationale, but commentators offer interpretations. The Talmud suggests the calf, an unfruitful animal, symbolizes atonement for the lost potential of the victim. Others emphasize the elders' responsibility to have protected the victim, implying communal accountability. Another view is that the ritual's noise prompts public discussion, potentially revealing the murderer.
Rabbi Yosef Bekhor Shor interprets the ritual as a means to publicize the murder so the victim's wife will not remain an agunah (chained woman), underscoring the connection between the judicial system's start and end. Judges initially sit at the city gates, passively awaiting cases, but in the ritual, they actively go out to the crime scene. This shift teaches that judges are community leaders responsible even when no trial is possible. The Torah commands "Justice, justice shall you pursue," meaning justice involves accountability and repair beyond legal verdicts.
The elders and judges declare, "Our hands did not shed this blood," not to deny suspicion but to reflect on whether they fulfilled their duty to protect the victim and foster a society that values life. They also ensure the victim's widow can rebuild her life. Thus, the Torah frames the judicial system's purpose as creating a just society centered on life's sanctity, where justice includes responsibility and healing when punishment is impossible.
The success of the judiciary is measured not only by rulings at the gates but by its outreach and care for all individuals in Israel. The article concludes with Isaiah's words, praying for the restoration of just judges and faithful cities. The author is a lawyer with Yad LaIsha, an organization representing agunot and women denied a religious divorce, affiliated with the Or Torah Stone network.
