September 3, 2011 | 4 Elul 5771 | Deuteronomy 16:18-21:9

Not long ago all eyes were on Washington, DC as it appeared our country was perilously close to defaulting on its debt.  Experts offered various opinions at the time as to what would have been the effects of such a default, but all agreed that it could only tarnish the image of the Unites States of America.  Even though Congress eventually reached an agreement to avert the default, Standard and Poor’s decision to downgrade America’s credit rating illustrated that harm was done.  Many suggest that Congress’ agreement will eventually bring harm to those Americans who can least afford the diminution in entitlement programs that appears to be on the horizon.  

Even with an eleventh hour congressional agreement, many Americans were and remain furious with members of Congress.  Ideological differences may or may not be greater than they have ever been.  But the sometimes caustic manner in which members of Congress express themselves is deeply disturbing.  An inability to see any wisdom in the other’s perspective reigns.  Polarization of the sides seems to be at an all-time high.  Isn’t it a wonder that in both the US House and Senate, members haven’t insisted on the construction of a mechitza down the aisle?!

Our parasha, with the nuances our Rabbis attach to it, points to a necessary direction at a time when our country’s leadership so badly needs it.  By the same token, the same direction is just as necessary in our personal lives when we are at loggerheads with someone.

Parshat Shoftim is best known because of the single line it contains near its beginning – “Tzedek tzedek tirdof” – “Justice, justice, shall you pursue.” (Dt. 16:20).  This instruction appears within a larger statement about the need for the Israelites to establish a legal justice system when they enter the Land of Israel.  But the verse’s context also appears to lend an absolute quality to the instruction.  Strict justice must be an absolute value; it cannot be compromised for any reason.  However, in the rabbis’ eyes, the absolute quality of justice is tempered a bit just prior to the best known verse of our parasha.

At the end of chapter 16, verse 18, we read:

Veshaftu et ha’am mishpat tzedek - …they shall govern the people with righteous justice

We understand the word “tzedek” in the instruction “tzedek tzedek tirdof” to refer to “justice.”  But “tzedek” more frequently refers to “righteousness” (Think about the concept of tzedakah; not “charity” but “righteousness”).  With this latter understanding of the word in mind, our rabbis interpreted the word “tzedek” in verse 18 to modify (not reinforce) the word “mishpat.”  Consequently, they wondered aloud about the nature of truly effective justice when it isn’t inherently clear and reached a conclusion:

“Isn’t it true that where there is justice (mishpat), there is no righteousness (tzedakah) and where there is righteousness there is no justice?  Rather, in what kind of justice is there righteousness?  One must say, in compromise” (Sanhedrin 6b).

The rabbis looked at the expression “mishpat tzedek,” “righteous justice,” and initially thought the two concepts mutually exclusive.  Why?  Because to them, based on our Torah Reading, “mishpat” implied strict justice. But “tzedek” implied merciful righteousness.  In the end, the rabbis were able to reconcile the juxtaposition of the words “mishpat tzedek” by recognizing the notion (and art) of COMPROMISE as “mishpat tzdek,” righteous justice that is informed by understanding and caring.

As our US Administration and Congress face challenges and difficult decisions as they seek to bring wellbeing to our fellow citizens they would do well to act on the wisdom of the rabbis’ understanding of “mishpat tzedek.”  Compromise, born of recognizing truth and strength in positions with which one disagrees, will be necessary if our leaders desire to avoid polarization and move forward.  

Sometimes the art of compromise and an appreciation for it is just as necessary in the lives of those of us who will never be elected officials…

Shabbat Shalom.