A Certain Justice

There are rare and exceptional speakers whose words become timeless. Prophets have that quality too. Reviewing their quotes feels as if they are being said today, and everyday, giving expression to the values and ethics through which we make life worth(y of) living. This is the sense as we continue to hear Moses’s magnum opus. His speech continues to guide, enlighten and instruct. The portion of Shoftim opens with the charge that a law breaking “minister of justice” continues to disregard. Appoint independent judges to ensure that justice will be served. The trend of compromising this crucial and fundamental institution is becoming an alarming  practice. The theme is taken up by (among others) Amos in chapter 5. It would have made a perfect Haftarah for this week, albeit we are on a roll with the seven  haftarot of consolation escorting us from Tisha B’Av to Rosh Hashanah, and yes we do need comforting. Nonetheless I urge and invite you to read it. You will find the iconic verse that adorns the stunning fountain installation at the (Martin Luther) King Center in Atlanta;

וְיִגַּ֥ל כַּמַּ֖יִם מִשְׁפָּ֑ט וּצְדָקָ֖ה כְּנַ֥חַל אֵיתָֽן׃

But let justice well up like water,

Righteousness like an unfailing stream.

The theme of justice is central in the opening passages of Shoftim, climaxed perhaps through 16:20;

צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף לְמַ֤עַן תִּֽחְיֶה֙ וְיָרַשְׁתָּ֣ אֶת־הָאָ֔רֶץ אֲשֶׁר־יְהֹוָ֥ה אֱלֹהֶ֖יךָ נֹתֵ֥ן לָֽךְ׃    

Justice, justice shall you pursue, that you may thrive and occupy the land that the Lord your God is giving you. 

In his celebrated book The Prophets, Abraham Joshua Heschel expounds that the Hebrew Prophets were born into a world of desperate power politics, and their entreaty and warning was that power politics corrupt. The life worth living lies not in power and wealth but in doing justice and loving mercy, in looking after the widow and the fatherless, in turning to God and doing His will. God is portrayed with the qualities of “pathos rather than power”, and the most exalted idea applied to God “is not infinite wisdom, infinite power, but infinite concern.” 

Amos and others drive home these points and asserts that these are the attributes that must be emulated. Most famously perhaps when he portrays God who despises sacrifices and the (hypocritical) worship, whilst the vulnerable remain spurned. Ministers that see land, mountains and Temple sights as their priorities whilst disregarding if not endangering the welfare of the people are those to whom these words of Torah, of Moses and the prophets are directed. They insult and pervert what Judaism is and what the purpose of the State of Israel is and must continue to be.   

Fittingly the theme of prophets and those that are false is taken up in a detailed albeit enigmatic manner. The discernible conundrum is addressed, if prophecy relays what may happen in the future how do we have the capacity to know whether it is true or false? The verse captures this with the familiar and disquieting appeal, Eicha!

 אֵיכָה֙ נֵדַ֣ע אֶת־הַדָּבָ֔ר אֲשֶׁ֥ר לֹא־דִבְּר֖וֹ יְהֹוָֽה׃…

How can we know that the prophecy was not spoken by God?

The response is not overly helpful, and in a sense acknowledges the angst but does not resolve it. (19:22)

If the prophet speaks in the name of God and the prophecy does not come true, then that was not spoken by God. But what does one do in real time, especially when the prophet may be assuring us of the things we so wish and need to hear and hope for? 

Perhaps the answer is do not wait! Do not overly rely on these assurances; rather, go make them happen. The Zionist enterprise was foretold by many prophets and visionaries, but it came about through an unabashed, Na’aseh we will do it, rather than nu we will see…