Еврейская мысль к Дварим 17:10

3) It is on the third plane, man's relationship with society at large, that man's duty to act morally is most evident. Concerning all his business dealings, man needs to observe justice and fairness, as well as to ensure that no fellow human being suffers physical harm on his account. When David dispatched a servant to Naval, (Samuel I 25,6) bidding him "may you be at peace, may your household be at peace, may all that is yours be at peace," he may well have referred to the three areas in which man has to assure himself of his moral well being. "Peace is only attained when one has satisfied the moral demands made upon one." When Michah identifies the Lord's demands on mankind, (Michah 6,5) he refers to the very same thing when he proclaims "what does the Lord demand of you except to do justice, loving kindness and to walk humbly with your G-d." Justice refers to one's conduct vis a vis society at large, loving kindness to one's conduct vis a vis one's family who may not have a legal claim on one. Finally, humility is an area in which one is least restricted, namely one's conduct vis a vis oneself. When Moses describes G-d’s attributes, (Deut. 32,4) he refers to the same thing. "All His ways are justice," refers to G-d’s conduct in His very own domain. "A G-d of faithfulness," refers to His relationship with His creatures. "He is righteous and upright," refers to His relationship with the universe at large. Psalms 145,17, "G-d is just in all His ways, fair in all His deeds," explains that there are two kinds of justice. Tzedek is the justice that applies to most men in similar circumstances. Chessed is the allowance made for special circumstances when the law, which is after all designed to cover only most situations, fails to allow for special circumstances. The right to grant pardon is based on the recognition that strict application of the law does not always mean that true justice is being meted out. G-d, of course, is the ultimate judge who can make allowances for all exceptions, since He is the only one aware of all circumstances. Tzaddik, just means the norm are His guidelines. Chassid, He adjusts for individual need. Here are some examples of the inadequacies of normal assumptions which Jewish law is based on. "Debtors do not repay loans before the due date." (Baba Batra 5) The underlying assumption of this statement may not always be correct. "Claimants have to furnish proof of their claim." G-d has instructed Jewish judges in Deut. 17,10, that if doubts arise as to the adequacy of existing provisions in law, the Supreme Court may give a decision based on their deliberations, and such decision is binding, even (as the Sifrey puts it) if "they say that left is right or right is left." The idea is: even if the decision of the Supreme Court appears in direct conflict with normative Jewish practice. Of course, all this is applicable only when the Supreme Court's decision is based on accepted Jewish guidelines. Anyone who disputes the authority of such a Jewish Supreme Court, i.e. Sanhedrin, is liable to the death penalty. The Talmud Shabbat 10, states "whosoever judges truly, is a partner to G-d." This is also the reason that Torah frequently refers to judges by the term "elohim." This is also what the serpent had in mind when it said to Eve "you will be like elohim, knowing good and evil." (Genesis 3,5) The Midrash explains the meaning as "like creators of worlds." He who invariably feels himself bound to the general rules, even though he may be meticulous in applying them, is destroying worlds rather than building them. The Talmud Baba Metzia 38, claims that it was this kind of bureaucratic zeal that caused the destruction of Jerusalem.

It is for this reason that the chief and most select of the judges would stand in the place where the Divine Immanence manifested itself, this being the idea behind the presiding of the Men of the Great Assembly in the chamber of hewn stone [lishkath hagazith]. And it is for this reason that our sages of blessed memory said (Avodah Zarah 8b): "When they [the members of Sanhedrin] saw that murderers had multiplied, they said: 'Let us exile ourselves from our place, so as to put into effect (Deuteronomy 17:10): "And you shall do according to the thing that they tell you from that place" — this teaches us that the place is the critical factor'" [so that in exiling themselves from their place, they suspended the death penalty]. And all that our sages have said in this regard is to be understood along the same lines, viz. (Sanhedrin 7a): "Every judge that judges truly causes the Shechinah to reside in Israel, as it is written (Psalms 82:1): 'G-d stands in the congregation of the Almighty; He judges in the midst of the judges.'" And, similarly, (Shabbath 10a): "Every judge that judges truly — even one moment in the day — is regarded by Scripture as if he were a partner to the Holy One Blessed be He in the creation, it being written here [in respect to judging] (Exodus 18:13): 'from morning until evening,' and there [in respect to the creation] (Genesis 1:5): 'and it was evening and it was morning.'" This "partnership" is an allusion to what we have been saying — that just as in the creation the Divine effluence manifested itself in the terrestrial world, it being the source of all that was created, so, every judge that judges truly draws down that effluence, whether or not his judgment completely fulfills the societal requirements. For just as the sacrifices, though entirely outside the realm of natural cause and effect, made manifest the Divine effluence, so was this effluence drawn down by the judgments of the Torah, though these judgments had to be supplemented with the edicts of the king to guarantee a well-ordered society. We find, then, that judges were appointed to administer the judgments of the Torah alone, judgments righteous in themselves (as stated: "and let them judge the people a righteous judgment"), and the king was appointed to supplement these judgments with whatever was required for a well-ordered society and dictated by the needs of the hour.