Friday, August 17, 2018

Shoftim: authorities

Shoftim: authorities

In the parsha, some leaders are elected by the people, others are selected by heaven. Whom should I  follow? 

The parsha begins with the instruction to select judges and officers.  The people, as a whole, are instructed to promote the individuals they select to these positions of responsibility.  Individuals , identified as honest, fair , above reproach are to be indentified and installed as the representatives of the Law.  They will decide disputes, maintain order, and preserve the traditions.  This part looks like a democratic process. 

Apostasy is immediately brought up.  The judges, all the people must subscribe to the core beliefs.  It will not do to have variation in the concepts of correct and fair.  Deviations are to be dealt with with extreme prejudice. 

Alternative interpretations of the law are  dealt with.  Arbitration of disputes among judges will be moved up the hierarchy.  The aristocratic element of the leadership, the Kohanim and Leviim,  are invoked as part of the supreme court  that generates the unified, no longer to be questioned, decision. 

The king is introduced as an elective entity, the monarch is an appeasement to the popular desire.  This divinely sanctioned political entity echos  the spies that led to the 40 years of wandering in the desert.  If the people insist, they can have this king, they can be like other nations in this regard.  But the king must abide by the written law, the constitution, the Torah. 

Truth comes from another source.  A prophet, a Moses-like character will be presented to the people.  If the prophet is true, follow her. Criteria for truth are  left  to the observer - or his delegates? ( the judges, Kohanim, king, etc.)

Justice is not what you imagine.  The killer must be given an opportunity to prove his lack of intention. Trees have rights!

The last vinette, the hacked calf of the unsolved murder, is a study in the impotence of the system.  The system was supposed to prevent murder.  It failed.  The ceremony, culminating in the hand washing/ hand wringing of the justice system asserts the responsibility of that system to prevent, or at least deter by avenging, such heinous acts.  Does the symbolic, unproductive ax slaughter of the calf help? It does affirm that the act is recognized and the community needs to do more. 

מִשֶּׁרַבּוּ הָרַצְחָנִים, בָּטְלָה עֶגְלָה עֲרוּפָה
When murderers multiplied, the [ceremony of] breaking a heifer’s neck ceased. 
Sotah  9:9

Welcome to modern times.




0 Comments:

Post a Comment

<< Home