Rabbi Yoni Kirsch
Rabbi Yoni KirschYair Yulis

In the beginning of this week's Parsha (Shoftim, 16:18) we are presented with the commandment of establishing courts and a judgmental system in every city:

"You shall set up judges and law enforcement officials for yourself in all your cities that the Lord, your God, is giving you, for your tribes, and they shall judge the people [with] righteous judgment."

What is the context of this commandment? Why does it come now? And how is this different from what we were previously commanded in Parshat Mishpatim about the court system?

By observing the topics being discussed in this week and last week's portion (Parshat Re'e and Shoftim), we could easily see that the Torah is discussing different issues that come up when settling the Land of Eretz Yisrael and expanding our territories significantly. This expansion also causes a geographical distance from the spiritual center of the nation. Unlike the times of wandering in the desert, where the Mishkan (tabernacle) was in the center of the Israeli camps, in Eretz Yisrael it is different: the holy temple is in Jerusalem.

This principle can be seen in several issues brought up such as: the Issur Bamot which is the prohibition of sacrifices other than in the Mikdash, the obligation to bring different tithes and Ma'ser sheni to Jerusalem and eat them within the boundaries of the old city walls, the permission to eat meat wherever you live under certain limitations (during the dwelling in the desert they were only allowed to eat meat by offering a sacrifice in the Mishkan), and finally the three annual pilgrimage holidays to Jerusalem known as the Regalim.

The commandment to establish the courts comes from this background too. The Mefarshim (Ramban, Chizkuni, Rashar Hirsch, 16:18) explain, that the demand to establish courts in every city comes from the need for a local legal and religious authority. By conquering and settling the land, comes a need for more legal and religious sources and addresses. This could explain the promise mentioned (16:20) by doing so:

"Justice, justice shall you pursue, that you may live and possess the land the Lord, your God, is giving you".

Because the Torah is speaking to the actual people who are going to fight and settle the land this promise is made directly to them.

The connection between the courts and Jerusalem

Here comes the interesting part. Yes, we are expanding and extending our religious and legal authorities, although we learn (17:8-10) that we must make sure that the expansions and additional courts all receive their power and inspiration by the true source and center from Jerusalem:

"If a matter eludes you in judgment, between blood and blood, between judgment and judgment, or between lesion and lesion, words of dispute in your cities, then you shall rise and go up to the place the Lord, your God, chooses…And you shall do according to the word they tell you, from the place the Lord will choose, and you shall observe to do according to all they instruct you."

The Torah emphasizes very clearly that any tough questions must be brought - "go up" - to the judges in Lishkat Hagazit (would they accept a WhatsApp message?) who are the true source and authority. The Rabbinic High Supreme court literally sit near the Mizbeach (alter) in the Holy temple, and this is done deliberately (Rashi Shmot 21).

Another interesting detail emphasized is:

"Justice, justice shall you pursue"

You may think that this Pasuk is telling one to be fair and to chase justice, but Chazal and the Shulchan Aruch (Choshen Mishpat 14) explain, that this phrase teaches that under certain circumstances one party may force the other to come with him to the high supreme court in Jerusalem.

"Chasing Justice" means chase the best court. The courts around Israel are all "Branches" of the same "franchise". This connection between the branches and the original source, must be maintained and preserved strictly. The real inspiration and power for the courts actually comes from the holy city of Jerusalem and the Temple.

The legal and spiritual-religious systems are related and connected. The holy location of the Temple is the home for our Supreme Court. This helps the judges stick to the truth and prevent them from turning to errors.

'Egla Arufa' – the ultimate connection between the Holy Temple and the rest of the country

The final story of the Parsha (21:1-5) seems to amazingly continue this insight:

"If a slain person be found in the land which the Lord, your God is giving you to possess, lying in the field, [and] it is not known who slew him,

then your elders and judges shall go forth, and they shall measure to the cities around the corpse.

And it will be, [that from] the city closer to the corpse, the elders of that city shall take a calf with which work has never been done, [and] that has never drawn a yoke,

and the elders of that city shall bring the calf down to a rugged valley, which was neither tilled nor sown, and there in the valley, they shall decapitate the calf.

And the kohanim, the sons of Levi, shall approach, for the Lord, your God, has chosen them to serve Him and to bless in the Name of the Lord, and by their mouth shall every controversy and every lesion be [judged]."

Here we see that the high Supreme Court themselves have to go down there and delegate the responsibility for the slain person found, on the local authority. The local elder judges must slaughter a calf, and by doing this they achieve - "Kapara" - atonement. Chazal see this act with some similarity and comparison to a Korban (sacrifice) done in The Holy Temple (Masechet Avoda Zara 29 b.). This involvement of the Highest Jerusalem Court and the slaughter of a calf which is similar to a Korban, shows us perhaps the highest relation between the Temple in Jerusalem and the entire land of Eretz Yisrael.

If Parshat Mishpatim discussed the connection between the laws and Mount Sinai, then Parshat Shoftim discusses the connection between the judges scattered in the entire country to the Temple Mount in Jerusalem.

Rabbi Yonatan Kirsch was born in NJ but grew up in Ginot Shomron after his parents moved to Israel. He teaches at the Hesder Yeshiva in Sderot, where he lives with his wife and family, after receiving his semicha from the Chief Rabbinate of Israel. He is author of the book "Ma'alot Hamikve", published by Dabri Shir, and served as a combat soldier, is a certified tour guide