74 Days to Elections: Justice, Justice Shall You Pursue

Tomorrow in synagogues worldwide the Torah potion of Shoftim (Judges) will be read. The portion opens with the following words from Deuteronomy, Chapter 16:

18…You must appoint judges and sheriffs for yourselves in all your cities that God, your God, is giving you, for each of your tribes. They must judge the people by rendering fair judgments.

19…You must not pervert justice. You must not show partiality. You must not accept a bribe, for bribery blinds the eyes of the sages and perverts the just words of the Torah.

20…Justice, Justice shall you pursue, in order that you live and take possession of the land that God, your God, is giving you.

74 days from elections here in Israel it is fitting that we read these words which can actually act as a guide to all of us as we evaluate the various candidates seeking to lead this country’s government.

The underlying principle contained in the admonitions of this chapter are not only to pursue justice in all its ramifications, but also to understand that in order not to show partiality and to render fair judgements, everyone needs to realize that even in the justice system, as in life itself, while things may appear to be black and white, most things are neither black nor white but grey. Therefore, when it comes to evaluating candidates, what we should be looking for are those people who understand the meaning of Shoftim and that true judgement only occurs when we are aware of and sensitivity to the grey.

How do we apply these parameters to the evaluation of candidates? Simply put, we want to identify those who know how to lead, for sure, but who also have the wisdom to want to understand the nuances of each challenge and know that without such understanding every decision will be suspect.

For example, we want someone who understands that there is an issue around military service for the ultra-orthodox (i.e. Charedi) population. But we don’t want someone who says, as a matter of policy, “I will draft all of the eligible Charedim.”  Rather, we need someone who recognizes the issue, knows that for the good and welfare of Israel it needs to be addressed and is committed to bringing all the parties together who have an interest in solving the problem and working out a plan to deal with this issue.

Further, most people living in Israel agree that there is a need for some judicial reform. Without an operating constitution, the courts have basically free reign as to how to interpret the meaning of the Basic Laws under which the country operates.  Experience shows that, in the absence of a constitution, it is easy for the courts to engage in judicial overreach. We don’t want someone who will say “if elected we will implement judicial reform,” but someone who understands that the issue is multi-faceted and wants to bring all of the interested parties together to come up with a solution that is palatable to all.

Finally, there continues to be an unsolved issue of what is commonly termed “settler violence” but which really is just one facet of the failure to find a solution of how Israelis and Palestinians can live together in what the world calls the West Bank (i.e. if the Jordan River) but which many of us call Judea and Samaria as the area is identified in biblical literature.

This is an issue which dates back at least to 1967 and which percolates into something extraordinarily serious from time to time as if it is a stand-alone issue on the calendar. It is not such. Here as well, we don’t need a candidate who says he or she will solve the problem once and for all.  Rather, we need someone who, in the spirit of Shoftim will commit to assembling the interested parties, including the Palestinians, and work to figure out some plan for the future before the division in the area consumes all of us in some terrible conflagration of violence.

There are other examples of course, but the point should be clear.

Shoftim’s key points are specific: (a) Render fair judgments, (b) Don’t show partiality and, most importantly, (c) Pursue justice at all costs. Does someone like this exist in today’s Israeli political environment. I am convinced there does but the question remains whether that person, whoever he or she is, is willing to admit that all of the solutions are not in his or her hands, but the mechanisms to finding those solutions are available and he or she is willing to commit to using them.

We can only hope that this is the case and that we can identify that person in time to give him or her our vote. We and the candidates who want our votes have a lot of work to do in the next 10 weeks. Let us hope we are both up to the task.

Carthago substituenda est!