Thursday, August 07, 2008

Who Is Judging Who ?

In part of the epic mussar shmooze that is sefer Devarim, Moshe Rabbeinu discusses one seemingly incongruous point. Judges were appointed by Moshe and given certain guidelines about their task.

"... Judge righteously between man and his fellow ... for judgment belongs to G-d ..." [excerpted from Devarim 1:16-17]

Why do we need to know the directions that Moshe gave to the judges of the people ? And why is this part of the instructive legacy Moshe leaves for the entire nation ?

This principle ( that Judgment is, ultimately, G-d's ) is understood differently by Rashi and the Ramban.

Rashi, quoting the gemara in Sanhedrin [8a], explains that when we pervert justice we are causing Hashem to have 'extra work' because if we would have done our job right then the proper party would have gotten his reward/punishment - by messing with justice we are requiring G-d to 'clean up our mess' and set things straight in a roundabout fashion.

The Ramban explains this idea in the following way : Justice will get done one way or the other - we can either be part of the solution or part of the problem - the choice is up to us.

This is perhaps why Moshe Rabbeinu addresses this point to the entire nation ( and not just the judges ). To the judges he cautions, like Rashi, to not put 'extra' work upon Hashem - and be liable for it. While to the rest of the people, Moshe assures them - like the Ramban - that justice will be carried out no matter what - so they need not be suspicious or distrustful of their judges.

As to why this is part of Moshe's final message to the nation - perhaps this point is more fundamental that previously assumed. At the core of any mussar speech is the 'reason' to do what's right - and as we've seen when we carry out justice we are doing things the way Hashem would have them done. Could there be any greater 'reason' than allowing Hashem Himself to use our mundane actions as instruments of His Divine Will ?

Hatzlacha !!

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