Shoftim - Country First?

Introduction to Parashat Shoftim 5768 – September 6, 2008

Country first?

Before all else, we must put our ideals first.

What is a country? Is a country a plot of land? Is a country a group of people who express their will in any fashion they choose?

Our Constitution opens:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defen[s]e, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

At the founding of our nation, the framers of our Constitution understood that a country is only as strong as the ideals toward which strives. And the very first of these ideals mentioned in the Preamble is Justice.

Similarly, this week’s Torah portion and much of the book of Deuteronomy are the Constitution upon which our ancestors established the ancient Land of Israel. Standing on the bank of the Jordan River, Moses declares God’s law and the conditions upon which the people may possess the land. And, like our Constitution, the Torah places great emphasis on Justice. In the opening verses of this week’s portion we read the famous words: “tzedek, tzedek tirdof…” Most translations understand the repetition of the word tzedek here as emphasis: “Justice, Justice shall you pursue.” A better translation would treat the second appearance of the word tzedek as a modifier to the first, as in the phrase just two verses before – “mishpat tzedek” (righteous judgment). Therefore, “Tzedek, tzedek…” means “just justice” or “righteous justice” – that is to say, justice that is attained through just means.

But we can’t stop there, the verse continues: “tzedek, tzedek tirdof l’ma’an tikhye vyarashta et ha-aretz asher HaShem Elokekha noten lach.” “Righteous justice shall you pursue in order that you may thrive and occupy the land that the Lord your God is giving you.” That is to say, that the ideal of justice precedes even the country itself. It means that our very claim to the land is predicated on establishing justice within our borders.

As we read together this morning, I urge you to follow along closely and notice all the various ways in which we are beckoned to pursue justice – justice both in outcome and in means. So important is this mandate for justice that even the king of Israel is commanded to review the law continuously. You’ll note that in 17:18, the King of Israel is required to keep a copy of the Torah next to his throne and read it throughout his life. This means to tell us that in a country established upon the principle of Justice, no person is above the law. It means to tell us that before all else, we must put our ideals first.