The Talmud (Makkot 7) derives from our parasha that outside Israel, courts must be established only in the major population centers; whereas, in Israel, they must be set up even in smaller towns. If the role of judges is to adjudicate disputes between litigants, why don't courts have to be set up even in the smaller towns outside Israel?



At the end of our parashah, the Torah describes the eglah arufah ceremony. When a murdered person's body is found outside a town and it is not known who caused his death, judges from the nearest town must bring a heifer, break its neck and declare that they are not guilty. Who would have thought that the judges were involved in the homicide? The Talmud (Sotah 45) explains that the judges do bear some responsibility, for they acted with insufficient generosity when they failed to provide the murder victim with ample provisions upon his departure from town.



Judges do not only resolve legal disputes; they must set a high standard for interpersonal conduct, so that the public will learn from their example.



Why, then, is there a distinction between Israel and chutz la'aretz? The Torah seems to be hinting at one of the basic underpinnings of Israeli society unique to Eretz Israel. The charge to perform generous acts of chesed is not merely to alter an individual's behavior. Instead, its purpose is to inculcate chesed into the very fiber of every hamlet in the Land of Israel.



Since Israel is the shared home of the Jewish people and of God, we must not only learn the language of our roommate, but also establish an environment where we can coexist. The only realm where we can find common ground with God is in the area of chesed. For this reason, the Torah stresses the import of establishing courts (whose job goes beyond adjudicating disputes) even in the smallest towns of Israel, to help facilitate an atmosphere of chesed and concern for our fellow man, so that we can approach God on His terms.

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Chana Tannenbaum currently serves as the Dean and Director of Shaalvim for Women.