The Weekly Dvar Torah
Volume I Issue #16
The Tree and Torah Justice
Parshas Shoftim
Adapted from the wisdom of Rav Meir Simcha HaCohen of Dvinsk from the Meshech Chochmoh and Rav Tzadok HaCohen from Pri Tzadik and other works.
By Rav Yitzchak Schwartz Rosh Yeshiva Orchos Chaim Jerusalem
yschwartz@orchos.org.
This issue is dedicated to Mel and Carol Maller in appreciation of all of their kindness, friendship, and tireless efforts.
Devarim 16:18 - Appoint judges and law enforcement in all of your cities that Hashem your G-d gives you for each of your tribes and they shall judge the people with justice.19 - Do not sway judgment nor favor anyone, do not take bribes because bribery will blind the eyes of the wise and corrupt the words of the righteous.20 - Vigorously pursue justice so that you will live and inherent the land that Hashem your G-d gives you.21 - Do not plant an asheira – tree of worship or any tree near the altar of Hashem your G-d that you make for yourselves.
The Torah warns the Jewish people not to plant any tree of worship next to the altar that is in the Temple. Rav Meir Simcha of Dvinsk lays down a fundamental principle in Torah philosophy. Hashem, owing to his absolute completeness is lacking nothing. His being and perfection are absolute. It is axiomatic that whatever occurs in creation, including our acts of righteousness or the opposite, can have neither fulfilling nor diminishing effect on the Creator. The fact that the Torah prescribes in great detail the service of sacrifices stands somewhat in contradiction to this fundamental. If Hashem, in his absolute wholeness, lacks nothing what possible value could there be in offering sacrifices to him? There are two approaches to answer this question: the psychological/emotional and the kabbalistic. On the psychological/emotional level the sacrifices are intended to create a stark experiential effect on the person who brings an offering as atonement for his sin. As the sinner views the animal being slaughtered and quartered, he is inspired to repentance by virtue of the disquieting sight of the slain animal. The sinner vicariously brings himself on the altar. It is not that Hashem wants human sacrifice; rather, the sacrifice is addressed to man's psycho –emotional desire and need for penitence and conciliation with his Creator. On the more esoteric level, the kabbalists teach that the sacrifices are the conduits and connectors through which many spiritual worlds and energies are connected to our physical world. One thing that all agree to is that the sacrifices afford absolutely no benefit to Hashem. In stark contrast to the Jewish concept of sacrifices stands the view of the ancient idolaters, who believed that their perverted and often cruel and immoral forms of worship could increase the strength of the gods in return for which they expected the gods to reciprocate with hardy reward .
In light of the previous idea, Rav Meir Simcha explains the prohibition of planting a tree next to the altar or even of using wood in the building of the alter. The altar had to be made of stone only. No wood was allowed to be incorporated in the altar. There is a basic distinction between these two materials. Stone is an inanimate object whereas wood is an animate object. One of the characteristics of animate objects is that they have the innate capacity to take in energy and matter in the form of food, liquid, light etc. from an outside source that they in turn utilize for growth of the organism. Inanimate objects do not have an innate capacity to receive energy or matter from outside sources to promote their own growth. If they do grow it is only because another inanimate object became inadvertently connected to them. The Torah is concerned that we might build the altar in a way that could be construed to mean that Hashem needs our offerings. Stone does not require any outside source of matter or energy to exist; it exists on its own. In constructing the altar only from stone and prohibiting the planting of any tree within the close vicinity of the altar we convey the basic tenant of Judaism that Hashem does not 'need' the altar nor the sacrifices that we offer upon it. Rather, the sacrifices are for our benefit to clear and cleanse our conscience and souls of turbidity and insubordination and to reconnect our physicality with its transcendent spiritual roots.
Rav Meir Simcha goes on to make a fascinating parallel to the previous verses 18 – 20. The Torah requires that a shofeit – judge of a beis din, must be of exemplary character. He is required to toil with his immense Torah erudition to ascertain a truthful and just application of Torah law to the litigants that stand before him. Absolute truth in judgment is a G-dly attribute and extremely difficult for any mortal to achieve. The reason that Hashem can deliver absolute truth and justice is because He is in need of nothing and therefore invulnerable to sway and temptation. A judge of beis din must also strive to emulate Hashem's characteristic and be totally independent avoiding at all costs anything that could influence his judgment. He must be beyond susceptibility to inducement and 'backhanderism' by virtue of being independent in character and of the highest moral integrity; a stature that precludes the need for any form of gain from others. This is the meaning of the Talmudic dictum that every judge of a beis din that issues a totally truthful judgment becomes a partner of Hashem in creation. Just as Hashem created the universe without any need, rather for the sole purpose of benefiting the creations that would inhabit it, so too the judge must toil to issue his judgment with absolutely no ulterior motives, stringently adhering to his mandate to find the truth and engender justice for the benefit of the litigants.
This is also the deeper meaning of what our sages stated in tractate Sanhedrin 7b "Anyone who appoints a judge who is not worthy is as if he planted an asheira – tree of worship, next to the altar" When the judge issues rulings tainted by bias of personal gain he is analogous to the tree, the animate object that depends on outside sources for its sustenance. Likewise such a judge resembles the tree of worship that is based upon the belief that one can make an offering to the pagan gods in pursuit of selfish personal gain. Finally, we now can appreciate on a deeper level the Mishna in Pirkei Avos – The Ethics of Our Fathers (beginning and end of chapter 1). Rebbi Shimon Ben Gamliel said "the world was created for three things: Justice, Truth, and Peace." These parallel the three things that Shimon Hatzadik said in the beginning of the same chapter "the world stands upon three things: Torah, Service, and Kindness." Rav Meir Simcha connects the dots like this. Torah parallels Truth, Kindness parallels Peace, and Service parallels Justice. Justice must be like the service in the Holy Temple. Just as Hashem has no personal gain from the Temple service so too the judge must adjudicate with absolutely no desire for personal gain from his rulings.
The service of offering sacrifices and the mitzvah of resolving litigation in beis din share a common purpose. Both are designed to bring us closer to Hashem. The sacrifices reestablish our relationship with Hashem after we have erred or sinned. Litigation based on the Torah's laws reestablishes our relationship with Hashem after we have fallen into dispute with our fellowman. By submitting to Hashem's will, as revealed in the Torah teachings, we connect ourselves to Hashem in perhaps the most meaningful way possible even if the price is that one or both of the litigants incur financial loss. The flow of the verses we began with can now be better understood. Torah begins by instructing us to pursue justice with integrity and finishes with the prohibition of planting an asheira – tree of worship next to the altar.
Based on Rav Meir Simcha's approach to these verses we can also explain a seeming oddity in the wording of verse 21. The verse concludes by describing the altar as being made "for yourself". We might have expected the verse to say that the altar is made for Hashem. The reason the verse does not say this is to emphasize that the altar, as well as the sacrifices offered upon it, are not for Hashem's benefit. Rather, they are for our own spiritual rehabilitation.
You can be a partner in disseminating these wonderful teachings.
Please contact us for dedication opportunities.
By Rav Yitzchak Schwartz Rosh Yeshiva Orchos Chaim Jerusalem
yschwartz@orchos.org.
This issue is dedicated to Mel and Carol Maller in appreciation of all of their kindness, friendship, and tireless efforts.
Devarim 16:18 - Appoint judges and law enforcement in all of your cities that Hashem your G-d gives you for each of your tribes and they shall judge the people with justice.19 - Do not sway judgment nor favor anyone, do not take bribes because bribery will blind the eyes of the wise and corrupt the words of the righteous.20 - Vigorously pursue justice so that you will live and inherent the land that Hashem your G-d gives you.21 - Do not plant an asheira – tree of worship or any tree near the altar of Hashem your G-d that you make for yourselves.
The Torah warns the Jewish people not to plant any tree of worship next to the altar that is in the Temple. Rav Meir Simcha of Dvinsk lays down a fundamental principle in Torah philosophy. Hashem, owing to his absolute completeness is lacking nothing. His being and perfection are absolute. It is axiomatic that whatever occurs in creation, including our acts of righteousness or the opposite, can have neither fulfilling nor diminishing effect on the Creator. The fact that the Torah prescribes in great detail the service of sacrifices stands somewhat in contradiction to this fundamental. If Hashem, in his absolute wholeness, lacks nothing what possible value could there be in offering sacrifices to him? There are two approaches to answer this question: the psychological/emotional and the kabbalistic. On the psychological/emotional level the sacrifices are intended to create a stark experiential effect on the person who brings an offering as atonement for his sin. As the sinner views the animal being slaughtered and quartered, he is inspired to repentance by virtue of the disquieting sight of the slain animal. The sinner vicariously brings himself on the altar. It is not that Hashem wants human sacrifice; rather, the sacrifice is addressed to man's psycho –emotional desire and need for penitence and conciliation with his Creator. On the more esoteric level, the kabbalists teach that the sacrifices are the conduits and connectors through which many spiritual worlds and energies are connected to our physical world. One thing that all agree to is that the sacrifices afford absolutely no benefit to Hashem. In stark contrast to the Jewish concept of sacrifices stands the view of the ancient idolaters, who believed that their perverted and often cruel and immoral forms of worship could increase the strength of the gods in return for which they expected the gods to reciprocate with hardy reward .
In light of the previous idea, Rav Meir Simcha explains the prohibition of planting a tree next to the altar or even of using wood in the building of the alter. The altar had to be made of stone only. No wood was allowed to be incorporated in the altar. There is a basic distinction between these two materials. Stone is an inanimate object whereas wood is an animate object. One of the characteristics of animate objects is that they have the innate capacity to take in energy and matter in the form of food, liquid, light etc. from an outside source that they in turn utilize for growth of the organism. Inanimate objects do not have an innate capacity to receive energy or matter from outside sources to promote their own growth. If they do grow it is only because another inanimate object became inadvertently connected to them. The Torah is concerned that we might build the altar in a way that could be construed to mean that Hashem needs our offerings. Stone does not require any outside source of matter or energy to exist; it exists on its own. In constructing the altar only from stone and prohibiting the planting of any tree within the close vicinity of the altar we convey the basic tenant of Judaism that Hashem does not 'need' the altar nor the sacrifices that we offer upon it. Rather, the sacrifices are for our benefit to clear and cleanse our conscience and souls of turbidity and insubordination and to reconnect our physicality with its transcendent spiritual roots.
Rav Meir Simcha goes on to make a fascinating parallel to the previous verses 18 – 20. The Torah requires that a shofeit – judge of a beis din, must be of exemplary character. He is required to toil with his immense Torah erudition to ascertain a truthful and just application of Torah law to the litigants that stand before him. Absolute truth in judgment is a G-dly attribute and extremely difficult for any mortal to achieve. The reason that Hashem can deliver absolute truth and justice is because He is in need of nothing and therefore invulnerable to sway and temptation. A judge of beis din must also strive to emulate Hashem's characteristic and be totally independent avoiding at all costs anything that could influence his judgment. He must be beyond susceptibility to inducement and 'backhanderism' by virtue of being independent in character and of the highest moral integrity; a stature that precludes the need for any form of gain from others. This is the meaning of the Talmudic dictum that every judge of a beis din that issues a totally truthful judgment becomes a partner of Hashem in creation. Just as Hashem created the universe without any need, rather for the sole purpose of benefiting the creations that would inhabit it, so too the judge must toil to issue his judgment with absolutely no ulterior motives, stringently adhering to his mandate to find the truth and engender justice for the benefit of the litigants.
This is also the deeper meaning of what our sages stated in tractate Sanhedrin 7b "Anyone who appoints a judge who is not worthy is as if he planted an asheira – tree of worship, next to the altar" When the judge issues rulings tainted by bias of personal gain he is analogous to the tree, the animate object that depends on outside sources for its sustenance. Likewise such a judge resembles the tree of worship that is based upon the belief that one can make an offering to the pagan gods in pursuit of selfish personal gain. Finally, we now can appreciate on a deeper level the Mishna in Pirkei Avos – The Ethics of Our Fathers (beginning and end of chapter 1). Rebbi Shimon Ben Gamliel said "the world was created for three things: Justice, Truth, and Peace." These parallel the three things that Shimon Hatzadik said in the beginning of the same chapter "the world stands upon three things: Torah, Service, and Kindness." Rav Meir Simcha connects the dots like this. Torah parallels Truth, Kindness parallels Peace, and Service parallels Justice. Justice must be like the service in the Holy Temple. Just as Hashem has no personal gain from the Temple service so too the judge must adjudicate with absolutely no desire for personal gain from his rulings.
The service of offering sacrifices and the mitzvah of resolving litigation in beis din share a common purpose. Both are designed to bring us closer to Hashem. The sacrifices reestablish our relationship with Hashem after we have erred or sinned. Litigation based on the Torah's laws reestablishes our relationship with Hashem after we have fallen into dispute with our fellowman. By submitting to Hashem's will, as revealed in the Torah teachings, we connect ourselves to Hashem in perhaps the most meaningful way possible even if the price is that one or both of the litigants incur financial loss. The flow of the verses we began with can now be better understood. Torah begins by instructing us to pursue justice with integrity and finishes with the prohibition of planting an asheira – tree of worship next to the altar.
Based on Rav Meir Simcha's approach to these verses we can also explain a seeming oddity in the wording of verse 21. The verse concludes by describing the altar as being made "for yourself". We might have expected the verse to say that the altar is made for Hashem. The reason the verse does not say this is to emphasize that the altar, as well as the sacrifices offered upon it, are not for Hashem's benefit. Rather, they are for our own spiritual rehabilitation.
You can be a partner in disseminating these wonderful teachings.
Please contact us for dedication opportunities.