Rabbi Frand on Parshas Shoftim
These divrei Torah were adapted from the hashkafa portion of Rabbi Yissocher
Frand's Commuter Chavrusah Tapes on the weekly portion: Tape #470, May A
Convict Escape. Good Shabbos!
The Link Between An Inappropriate Judge and the Asheira Tree
The beginning of the parsha teaches the mitzvah of establishing a judicial
system for the purpose of honestly ruling the people: There shall be judges
and policemen throughout our society.
One of the rules enumerated is that the judges are not allowed to accept
bribes. Bribes have the ability to subvert a person's view. He may be the
wisest of men and the greatest of scholars, but if he takes a bribe he may
be blinded to the truth. [Devorim 16:19]
The prohibition against accepting bribes is immediately followed by the
prohibition against planting the idolatrous Asheira tree adjacent to the
altar of G-d [16:21].
Reish Lakish derives from this juxtaposition of apparently unrelated pasukim
[verses], that one who appoints an inappropriate judge is equivalent to one
who planted an Asheira tree in Israel [Avodah Zarah 52a].
Out of all the bad things we might be able to conjure up as an appropriate
simile for an inappropriate judge, why does the Torah specifically link it
with the planting of an Asheira tree? Many commentaries are bothered by this
question. What is the connection?
I saw an answer in the name of Rav Chaim Soloveitchik. Rav Soloveitchik says
that a tree is a work of G-d. It has particular charm and particular beauty.
A large cedar or oak tree or redwood can take away one's breath. What could
be a greater example of G-d's handiwork? However, it is possible to take
that which one would expect to be a pristine example of G-d's handiwork and
turn it into an object of idolatry. There is something particularly
despicable about that. It perverts that which is fine and inspiring and G-d-
like into an abomination. There is a certain blasphemousness about such a
perversion.
Who should be appointed a judge? Certainly not the typical man on the
street. A judge must be a Talmid Chochom, a Rav, a person who looks and acts
the part and has the respect of the people. One who appoints an
inappropriate person to that position -- someone who acts with less than
full integrity -- is a blasphemous crime. It is akin to taking a tree and
making it into an Asheira.
Rabbi Mordechai Kamenetsky cites an incident involving his grandfather, Rav
Yaakov Kamenetsky. There was a period when a group of unscrupulous
individuals were involved in smuggling forbidden items across international
borders. They smuggled the contra-band by putting them inside Tephillin. To
make matters worse, they approached unsuspecting Jews and encouraged them to
do a 'mitzvah' by taking Tephillin and delivering them to people who needed
them in the foreign country. The person thought he was doing a great
'mitzvah'. In fact he was involved in the crime of smuggling.
The United States Custom Service got wind of this scheme. They decided to
enlist the help of Orthodox Jewish custom agents to discern the difference
between honest people carrying Tephillin and the smugglers. An Orthodox
custom agent faced with this assignment came to Rav Yaakov Kamenetsky and
solicited his advice. Rav Yaakov advised that the unscrupulous smugglers
should be dealt with in the severest of terms.
He said it is bad enough that they are dishonest and committing a crime, but
to take one of the holiest items a Jew possesses and use it as a vehicle to
commit the crime -- this is the worst perversion. This can be compared, he
argued, to waving the white flag in battle only to use it as a trick for
follow-up attack. Everyone knows that the white flag is a symbol of
surrender. Everyone knows that you can always trust the white flag. When
someone abuses the white flag, he causes all of society to lose respect for
the white flag. Not only did he commit a crime against the enemy by his
duplicity. He has committed a crime against all soldiers in all generations
by misusing the international symbol of surrender. Similarly, using the
Tephillin for smuggling is taking something holy and perverting it. There is
no greater crime. Such people deserve no mercy.
Using a tree, for idolatry is a perversion. Appointing a person who is
supposed to represent the ultimate in integrity, to a position where he can
be a tool of corruption is a comparable perversion.
This week's write-up is adapted from the hashkafa portion of Rabbi
Yissocher Frand's Commuter Chavrusah Torah Tapes on the weekly Torah
portion (#426). The corresponding halachic portion for this tape is:
The Mitzvah of Escorting Guests. The other halachic portions for Parshas
Shoftim from the Commuter Chavrusah Series are:
Also Available: Mesorah / Artscroll has published a collection
of Rabbi Frand's essays. The book is entitled:
and is available through your local Hebrew book store or from
Project Genesis, 1-410-654-1799.
