Pemikiran Yahudi Ulangan 16:19: Akeidat Yitzchak, Derashot HaRan & HaEmunot veHaDeot

The Torah demands on repeated occasions that we rid ourselves of negative virtues such as hatred, jealousy and the like. Not only are we commanded "do not hate your brother in your heart," (Leviticus 19,17) but we are even commanded to physically assist our enemies in loading or unloading his donkey, should the occasion demand it. We are asked to lend or to give alms repeatedly to the same people even, and to avoid doing so out of a feeling of distaste for such beggars. All this is designed to refine our character. We must not bear tales, avenge unneighbourly behaviour, and similar commandments. The Torah states as the general purpose of the legislation "so it will be good for you; so you will be well off; so it will be good for us." In other words, those who perform these mitzvot will refine their character by doing so. Not only will one merit external benefits from the performance of such social commandments, i.e. reward, but there will be an additional benefit for us, the improvement of our personality. Whenever the Torah considers a particular commandment of special importance, it repeats the demand to observe such a mitzvah. Sometimes the demand is repeated even more than twice. We are told "do not pervert justice, listen to both sides when sitting in judgment, do not give preferential treatment to either rich or poor, pursue justice with fairness." The greater the negative impact if one should fail to observe certain commandments, the greater the emphasis the Torah places on its observance. In fact, inheritance of the land of Israel is made conditional on the observance of these social statutes. Study of Torah is one of the categories of mitzvot that are the foundation of personal and national well being. This is so, since it not only leads to the development of positive virtues, but also helps us avoid the many pitfalls man is exposed to. For that reason, the mitzvah of Torah study is not like kan tzippor, something to be observed if it happens our way, yet not something that needs to be sought out, but it is a duty incumbent upon each of us at all times, and applies practically within any environment we may find ourselves in. It is immaterial whether a person is highly placed or in very modest circumstances. Joshua (Joshua 1,8) is commanded to have access to a sefer Torah, Torah scroll at all times. Kings are to write it and study it. (Deut. 17,18) History shows that whenever a Jewish king treated Torah as a most precious possession and source of inspiration, so did his people. On the other hand, as soon as the king ignored the Torah, the people were not long in following suit. The result was usually disastrous and not too long in coming. The reason the king is elected as a model for how to treat Torah, is simply that the king's safety is symbolic of the security of the entire nation. When the aging David could not longer actively participate in battle without endangering his life unduly, his generals were most concerned to keep him in a safe place, pointing out that his personal safety was the key to the nation's success in battle, and to the maintenance of morale among the population. (Samuel II chapter 8) The Talmud in Erchin 17, states "each generation according to its leaders." The meaning is that the fate of the generations is in large measure due to the actions of its leaders.

G-d has entrusted the administration of justice on earth to human judges. If these judges fail to judge fairly, they in turn are subjected to G-d’s judgment as we see from Psalm 82. Faulty judgments are due to any of four causes, all of which Yitro addresses himself to when offering advice to Moses. A judge may have a bad character, love violence; his judgments therefore are apt to be corrupt. Psalm 82 refers to this by asking "how long will you pronounce corrupt judgment?" 2) A judge may be G-d fearing, willing to judge truthfully, but when it comes to minor matters involving small sums etc., he may not apply himself diligently. This situation is covered in the above quoted Psalm by the words "judge the poor and the orphan," people who are usually litigants in a small claims Court. A judge must deal as carefully with a penny as with a million. 3) Even though the judge is G-d fearing, and may consider small sums as carefully as large ones, he may be swayed by considerations involving personal gain or honour. He may fear a particular litigant involved in a law suit before him. Concerning such a situation, the Psalmist says "rescue the defenseless and save them from the lawless." 4) A judge may simply err in his application of logic, or due to ignorance of the point of law in question. Concerning this, the Psalmist says "they do not know or understand, they walk in darkness." Yitro incorporates warnings against the four shortcomings listed, in his advice. Concerning the judges' character, he recommends selection of "G-d fearing individuals." Concerning the judges' inclination to downgrade the attention given to litigation involving minor sums, he calls for "men who hate unjust gain." Concerning the judges' professional knowledge, Yitro wants all difficult or major matters referred to Moses himself. When Moses carries out Yitro's suggestions, he acts in accordance with these principles in Deut. 1,15-16, when he instructs A) Do not recognise faces, i.e. show favoritism. B) Listen to the big just as to the small. C) Do not be scared of anyone. D) Anything which is too difficult, submit to me. The intention behind Yitro's suggestion, which results in the appointment of the enormous number of 78600 judges-, was to bring in its wake the minimization of crime since litigation would be instant. Ultimately, there will be a need for only a single judge, the Lord Himself. For that reason, the Midrash quoted at the outset describes in varying nuances that sacrifices are in fact an inferior method of achieving atonement, since conduct based on justice and righteousness achieves results under any set of circumstances, whereas the circumstances that make sacrifices effective are strictly limited.

The Torah next turns its attention to matters one is likely to encounter when already somewhat older, and less active. Retirement and ensuing boredom may lead to gossipping, the penalty for which is tzora-at. (Erchin 15) The Torah itself offers Miriam and her punishment as an example, hence no further comment is needed. The injunction about a creditor returning such pawns to the debtor as are needed by the latter for minimal dignified existence, is couched in such language that whilst under the care of the debtor, the creditor is deemed to own it. In this way the creditor is given high moral rating for having given up what was legally his to seize. (24, 10-13) Therefore, we have the statement "since the debtor will bless you, G'd will recognise it as an act of righteousness," i.e. something beyond the call of justice. (Kiddushin 8) A further instance of laws applying to the wealthy, is the injunction to pay wages on time. Delay may result in complaints to G'd against the employer in question. This is exactly the reverse of what happens when the wealthy lender shows consideration for his debtor. (as discussed a few verses previously) The following rules are also addressed to the wealthy, since they generally make up the class from which judges are drawn. The admonition not to transfer guilt from the father to the son or vice versa, or to accept testimony from one against the other, is addressed to such judges. Similarly, the injunctions not to disadvantage strangers, widows or orphans are addressed primarily to the judge, i.e. the economically affluent. Just as the commandment "do not muzzle the ox while it is threshing," is an example of a negative commandment involving an action unconnected to any positive commandment, so the next paragraph deals also with a mitzvah of that category. We learn about the application of thirty nine lashes "malkot," the standard penalty for this category of commandment. (7) Chapter 25,10, describes the men involved in the fight as "brothers." This indicates that the quarrel was not that serious that one party tried to kill the other. When the wife interferes in such a situation in a manner that endangers the life of her husband's opponent, she has heightened the tension between them. Because of that, the Torah condemns the manner of her interference. Had her husband's life already been endangered, different evaluations would apply. The injunction to have fair weights and measures is also addressed to the judges who supervise. If they do not supervise properly that the merchants adhere to fair weights, then they themselves are included amongst those whom the Torah describes as committing avel, social injustice. (Baba Batra 89) (8) The duty to do away with Amalek is addressed to the Supreme Court which has to initiate such action. The reason for recording this commandment at this point, has been discussed in chapter 42.