The Torah seeks to found Jewish society on the principles of justice and humaneness. The first verse in this week's reading addresses judges: "Now these are the judgments which thou shalt set before them" (Exodus 21:1).

Our sages (Babylonian Talmud, Tractate Sanhedrin, p. 7b) use the Hebrew conjunctive vav, which opens the reading, as a platform for presenting commentaries and their position on the judiciary. They thus link the beginning of this week's portion with the last verses of the previous one, which relate to the kind of altar we must construct and how we must behave with respect to the tabernacle and the Temple.

Concerning one of the verses - "Ye shall not make with me gods of silver, neither shall ye make unto you gods of gold" (Exod. 20:23) - the Talmud asks why only golden and silver idols are prohibited. What about wooden ones? In addition to "god," the Hebrew word elohim (here in appositional form, elohei, meaning "gods of") also connotes "judge." Using this latter interpretation, one of the Babylonian Talmud's editors, Rabbi Ashi, replies that the prohibition applies to a "judge who comes because of silver and a judge who comes because of gold." He alludes here to bribery with silver and gold for the purpose of securing an appointment to the judicial bench.

	Advertisement

A Jewish scholar in Poland of the late 16th and early 17th centuries, Rabbi Samuel Eliezer Edels (also called the Maharsha), interpreted Rabbi Ashi's statement as a commentary on the former's own society (and it can certainly apply to ours): "It should be read as a reference to two forms of evil that were perpetrated. First, there are judges who are appointed because of the gold and silver they gave the king or prince. Second, once in office, they do everything for the gold and silver they can collect as rabbis or judges ... This sin is committed in our midst, too. Our sages have on several occasions issued decrees and established severe penalties, including excommunication and heavy fines, to prevent the appointment of rabbis and teachers through bribery with silver and gold ..."

Exalted status

The verse, "Neither shalt thou go up by steps unto mine altar" (Exod. 20:26) can be interpreted simply as a call for strict decorum in a holy place. After the ecstasy experienced at Mount Sinai, God instructs the Israelites to curb their religious enthusiasm and channel it into normative contexts. Our sages also link these verses to the succeeding Torah portion, which we read this week, thereby transferring the awe inspired by the Temple to the courtroom: "Bar Kappara offered this exegesis: What is the source of the law our sages refer to - namely, 'Exercise moderation in your judgments' [from "Ethics of the Fathers"]? The verse, 'Neither shalt thou go up by steps unto mine altar' (Exodus 20) and the verse following it, 'Now these are the judgments which thou shalt set before them' (Exod. 21). Rabbi Elazar said: Where do we learn that judges must not step on the heads of those who are members of a holy nation? After telling us, 'Neither shalt thou go up by steps unto mine altar,' the Torah immediately follows with 'Now these are the judgments which thou shalt set before them'" (Babylonian Talmud, ibid.).

Bar Kappara focuses on the relationship between judges and the law. He believes judges must act as if they were approaching the altar in the Temple. The display of moderation - which must be part of the culture of justice because of its holiness and majesty - is a reflection of the delicacy and sensitivity of judges, who must avoid rash verdicts and haughty behavior. Rabbi Elazar focuses on the relationship between judges and the parties who come before them and who, in his eyes, are a holy nation; in the equation he sets up, these parties, not justice, are equivalent to the Temple. This is a humanistic approach, which places human beings at the center of the universe and is aimed at preserving their dignity.

These commentaries are products of a reality in which judges have an exalted status. They are seen as partners with God and, in several places in the Torah, elohim - which usually means God - is used to refer to a human judge. Judges are expected to be objective and to regard their position with religious reverence because they are responsible for a system that fortifies and shapes God's magnificent principles in the human sphere. The above Talmudic discussions express the immense fear that corruption could contaminate the temple of justice if judges forget their place and their role as God's servants.

The Bible graphically expresses human expectations from, and disappointment with, the judicial system. Psalm 82 (the daily psalm recited on Tuesdays as part of the liturgy) describes the process of the corruption of justice. One should pay close attention to the word elohim as it is used throughout the psalm: "[A hymn for Assaf:] God standeth in the congregation of the mighty; he judgeth among the gods. How long will ye judge unjustly, and accept the persons of the wicked? Selah. Defend the poor and fatherless: do justice to the afflicted and needy. Deliver the poor and needy: rid them out of the hand of the wicked. They know not, neither will they understand; they walk on in darkness: all the foundations of the earth are out of course. I have said, Ye are gods; and all of you are children of the most high. But ye shall die like men, and fall like one of the princes. Arise, O God, judge the earth: for thou shalt inherit all nations."

The psalm starts off optimistically: "God standeth in the congregation of the mighty; he judgeth among the gods." There is a play on words here: The word elohim refers to both God and judges, who carry out their work in God's presence as they judge the "congregation of the mighty" (literally, "God's congregation"). However, the psalm immediately shifts to a negative perspective: The judges behave unjustly, favoring the wicked. Instead of acting like gods, they become evil, shaking the earth's foundations. The psalmist's insight is expressed here with the words: "I have said, Ye are gods; and all of you are children of the most high. But ye shall die like men ..." Deeply frustrated, the psalmist turns to the one and only God, asking him to sit alone on the bench of justice.

The prophet Isaiah states emphatically that a strong society must be based on a stable, credible judicial system: "Zion shall be redeemed with judgment" (1:27).