‫פרשת שופטים‬
We know that machlokes, dispute, is anathema to 'Am Yisroel. In fact, there
is a mussar admonishment that is based on a Posuk at the beginning of our
Parsha.
We are told that the ultimate resolution of Halachic disputes should find their
venue in the Beis Din HaGodol that sat in one of the chambers of Beis
HaMikdosh. "Ki yi'po'lei mi'm'cho dovor la'mishpot bein dom l'dom u'vein din
l'din, u'vein nega' lo'nega', divrei ree'vos bish'orecho…(Perek 17/Posuk 8).
When there will [knowledge] that is beyond you for judgement [regarding]
matters of blood, of law, of plagues, matters of dispute within your gates, you
are to arise and go to the place that Hashem has chosen.
The mussar interpretation expresses it as follows. When it is beyond you to
understand the judgement [that Hashem has placed against you that your]
blood [is spilled], the laws [and decrees that are enacted against you] the
plagues [that befall you, it is because there are] matters of dispute within
your gates. The fighting "within your gates" plants the seeds for so much
destruction and pain.
It is easy to look outward to blame the enemy and curse his evil doing. Of
course the enemy who afflicts you is wicked, but you bear responsibility vis a
vis Hashem for ultimately it is His punishment that is placed upon you. Thus,
an antidote to such suffering is to repair the fighting and bickering that is
within your own domain, over which you have control.
That introduction does not require much elaboration. We are all aware of the
fighting that exists and the pain it causes. Since that is so, it may seem that
the entire system of Torah that we have leads to such disputes. Since our
courts have a mandated multiple numbers of judges it is most probable there
will be differing opinions as to the correct verdict. True, there is a required
uneven number of judges ("Beis Din noteh") that will allow a decision to be
reached, nevertheless the minority opinion is still certain of the correctness of
his determination. The Mishnayos of the third, fourth and fifth P'rokim of
Masseches Sanhedrin tell us that the majority is decisive and in the same
breath remind the judges of the prohibition of L'shon Hara', not to tell the
losing litigant (even in truth), "What can I do? I decided in your favor, but I
was outnumbered."
Thus, the field is ripe for contention and controversy. If that is so repulsive to
Torah, what is to be done about it?
The answer lies in how the people, and the judges in their special role, view
the system to which they owe their allegiance. The Posuk cited above, in its
context of Pshat, tells us that it is expected that not every difference of
opinion will be resolved. The Torah knows that there will be significant
differing conclusions that different people will reach. The Torah also knows
that those bearing serious convictions will not be easily deterred from their
decisions. Thus, the system that the Torah decides provides a mechanism for
adjudicating those disputes. Ultimately the Sanhedrin Ha'G'dola will be
obligated to render a verdict that will be binding.
Until the time such a verdict is rendered, the judge is allowed to maintain the
correctness of the conclusion that he reached. He may say to all that his
discernment is true, not theirs. Yes, he is limited in the context in which he
expresses himself so as not to violate the prohibition against gossip and
slander, nevertheless, in the proper forum he may argue against the majority
opinion which decided the case or question that was brought before the
court. Not only is he allowed to persist in his beliefs, he may continue to
decide the Halacha in the way he sees things.
This freedom of decision, however, is not without a conclusion. Once the
Sanhedrin renders its decisions, its rule is binding and demands complete
allegiance and forbids competing verdicts. In fact, the Zokein Mamrei, the
rebellious "elder", is liable the death penalty if he continues to issue halachic
decisions contrary to the ruling of the Sanhedrin (Posuk 12).
The Torah expresses the faithfulness to the findings of the Sanhedrin by
writing, "… lo sosur min ha'dovor asher ya'gi'du l'cho yomin u'smol" (Posuk
11). Do not turn from the word they [the Sanhedrin] will tell you, neither
right nor left. As Chazal express it (as brought in Rashi), even if they tell you
right is left and left is right, you are obligated to follow their ruling.
Ramban explains that "v'yo'du'a hu she'lo yish'ta'vu ha'dei'os b'chol ha'd'vorim
na'nolodim". It is known that minds will not agree about all matters that will
come about. "V'hi'nei yir'bu hamachlokes v'tei'o'seh ha'Torah ka'moh toros".
There will be an increase in disputes and the [one] Torah will become many
torahs. Thus, Ramban continues, the Torah decided the law that we must
adhere to the ruling of the Beis Din HaGodol in all that they explain the
Torah.
Therefore, it seems we have a system that will seemingly put an end to the
differing opinions of the judges. We may still wonder, is the system effective.
How can I believe differently by fiat? I have come to a conclusion and, in my
mind, that conclusion has not been disproved.
To approach solving that question, we may ponder the additional outcome
the Torah sees from the Zokein Mamrei.
After telling us of the
aforementioned death penalty the Torah writes, "V'chol ho'om yishm'u
v'yi'ro'u v'lo y'zi'dun 'od" (Posuk 13). [Execute the death penalty at a time
when] all the people will hear and be frightened and will not act maliciously
any longer. We may ask, this warning should be for the judges only. Only
they are involved in the disputes of the courts and only the most outstanding
of them could reach the level of Zokein Mamrei and presume to differ with
the decisions of the Sanhedrin.
hear and fear?
If so, why is it necessary for the people to
The answer is that thought the focus of these mitzvos are the courts, they
deal with feelings that could be possessed by the entire populace.
The
people might be only to happy to be on the side of the minority which
challenges the authority of the ruling bodies. It is easy to criticize and to say
they do know nothing about which they are talking. Thus, the warning is to
all. The judges must be particularly alert, but the people must have
awareness as well.
The Torah has empowered to the judges to decide. The same Torah that
gives us the other 612 Mitzvos presents us with this as well. Accept the
Sanhedrin's rulings. You think you know more than them? Perhaps you do.
Nevertheless, they are right not you. They are right since the Torah invested
its authority within them.
The Rambam writes (Hilchos Y'sodei HaTorah Perek 7/Halacha 7) concerning
the obligation to accept the words of the Prophet: "V'eph'shar she'ya'aseh os
o mofes v'eino novi." Perhaps an individual will perform a sign that qualifies
him as a prophet when he is, in fact, not a prophet? Rambam explains that it
is the same in court when we accept two witnesses to decide a case. Perhaps
the witnesses are lying and they have not been discovered? The answer is
that the Torah commands us to follow the laws of the courts. "V'af 'al pi
kein", nevertheless, it is a Mitzvah to listen to the Navi and a mitzvah to
follow the courts rulings.
It really does not make sense to argue with the Sanhedrin since the G-d who
gave us the Mitzvos, gave us this as well.
In fact, if the lesson of the Sanhedrin would be learned well, it would not
relieve disputes, it would prevent differences of opinions from becoming
disputes. If the lesson of the Sanhedrin would be learned well, we would
inherently be aware of the difference between a machlokes l'sheim shomayim
and one that is not. If the lesson of the Sanhedrin would be learned well we
know to embrace the former and flee the latter.
The month of Elul prepares us for Yom HaDin, Hashem's Day of Judgement.
If we learn to handle the "din" in our world we have a right to turn to Him on
Rosh HaShanna and entreat Him to spare us from harsh judgements. We err
and we have mistakes, but our loyalty is unquestioned. We accept the words
of his sages and know that sometimes we are unaware of the difference
between right and left and thank Him for providing us with the teachers who
will lead us to do His will.
Shabbat Shalom, Chodesh Tov
K'siva Va'chasima Tova
Rabbi Pollock