בס”ד
A THOUGHT ABOUT PARSHAT SHOFTIM 5784
In this blog, we begin by taking note of the Jewish commandment in Deuteronomy 16:18
| 18 Judges and officers shalt thou make thee in all thy gates, which the L-RD thy G-d giveth thee, tribe by tribe; and they shall judge the people with righteous judgment. | יח שֹׁפְטִים וְשֹׁטְרִים, תִּתֶּן-לְךָ בְּכָל-שְׁעָרֶיךָ, אֲשֶׁר ד’ אֱלֹקיךָ נֹתֵן לְךָ, לִשְׁבָטֶיךָ; וְשָׁפְטוּ אֶת-הָעָם, מִשְׁפַּט-צֶדֶק. |
Logically, the legal system plays a crucial role in maintaining order and justice in a society. It is responsible for enforcing laws, resolving conflicts, and protecting rights. A legal system includes a network of laws, with judges, courts, lawyers, and other officials dedicated to upholding justice in the community.
The Noahide Commandment for Establishment of Righteous Courts
In Tractate Sanhedrin 56b the foundation of the Noahides Commandments is discussed, including different ways that they are hinted to in G-d’s original communication to Adam in a way of commanding, in Genesis 2:16:
| 16 And the L-RD G-d commanded the man, saying: ‘Of every tree of the garden thou mayest freely eat; | טז וַיְצַו ד’ אֱלֹקים, עַל-הָאָדָם לֵאמֹר: מִכֹּל עֵץ-הַגָּן, אָכֹל תֹּאכֵל. |
There (Sanhedrin 56b), in Rabbi Yoḥanan’s homiletic interpretation of this verse, he begins by stating,
“He [G-d] commanded” – these are [referring to the Noahide commandment for judicial] laws (Dinin), for similarly itstates [Genesis 18:19],
| 19 For I have known him, to the end that he may command his children and his household after him, that they may keep the way of the L-RD, to do righteousness and justice; to the end that the L-RD may bring upon Abraham that which He hath spoken of him.’ | יט כִּי יְדַעְתִּיו, לְמַעַן אֲשֶׁר יְצַוֶּה אֶת-בָּנָיו וְאֶת-בֵּיתוֹ אַחֲרָיו, וְשָׁמְרוּ דֶּרֶךְ ד’, לַעֲשׂוֹת צְדָקָה וּמִשְׁפָּט–לְמַעַן, הָבִיא ד’ עַל-אַבְרָהָם, אֵת אֲשֶׁר-דִּבֶּר, עָלָיו. |
Establishing legal systems to maintain justice and order is prescribed by G-d in Genesis 9:5-6, where G-d commands Noah about administering justice in cases of murder:
| 5 And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man’s brother, will I require the life of man. | ה וְאַךְ אֶת-דִּמְכֶם לְנַפְשֹׁתֵיכֶם אֶדְרֹשׁ, מִיַּד כָּל-חַיָּה אֶדְרְשֶׁנּוּ; וּמִיַּד הָאָדָם, מִיַּד אִישׁ אָחִיו–אֶדְרֹשׁ, אֶת-נֶפֶשׁ הָאָדָם. |
| 6 Whoso sheddeth man’s blood, by man shall his blood be shed; for in the image of G-d made He man. | ו שֹׁפֵךְ דַּם הָאָדָם, בָּאָדָם דָּמוֹ יִשָּׁפֵךְ: כִּי בְּצֶלֶם אֱלֹקים, עָשָׂה אֶת-הָאָדָם. |
These are source verses for the Noahide commandment to maintain justice through a structured legal system.
Historical Context of Legal Systems
Legal systems have existed since ancient times. Even in unjust societies, such as Sodom and Gomorrah, there were judges. In Genesis 19:1, it states that Lot sat at the gate of Sodom:
| 1 And the two angels came to Sodom at even; and Lot sat in the gate of Sodom; and Lot saw them, and rose up to meet them; and he fell down on his face to the earth; | א וַיָּבֹאוּ שְׁנֵי הַמַּלְאָכִים סְדֹמָה, בָּעֶרֶב, וְלוֹט, יֹשֵׁב בְּשַׁעַר-סְדֹם; וַיַּרְא-לוֹט וַיָּקָם לִקְרָאתָם, וַיִּשְׁתַּחוּ אַפַּיִם אָרְצָה. |
Rashi explains: “LOT WAS SITTING IN THE GATE OF SODOM” — The word [יֹשֵׁב] is written … so that it may be read יָשַׁב (he sat) — because that day they had appointed him as their judge (Genesis Rabbah 50:3).
This demonstrates that even in societies with much injustice, there was a form of adjudication.[1]
Application of the Noahide Commandment for Courts of Law
There are six general prohibitions in the Noahide Commandments, so it is understandable that the seventh commandment involves an obligation to establish legal systems that uphold these commandments.
While no countries currently have courts specifically based on the Noahide Commandments, many legal systems do incorporate elements of these divine laws. However, regular courts that are not based on Torah issue judgments that don’t necessarily align with the principles of the Noahide Commandments.
The question then arises: what is the status in Torah of secular national legal systems? To address this, it is useful to examine how Jews in the diaspora are told to relate to the laws of the countries in which they live. Pirkei Avot 3:2 states:
“Pray for the welfare of the government, for were it not for the fear of it, a man would swallow his fellow alive.”
This underscores the importance of a functioning legal system. The statement by the Sages that “dina d’malkhuta dina” – literally, that “the law (dina) of the ruling government (malkhuta) is law” – is the name in Aramaic for a general principle in Torah law, that there are certain types of monetary laws that civilized societies will enact for the sake of fair and just commerce, and these are binding on all the citizens. Rabbi Moshe Weiner’s explanations of this principle are posted on-line, in a discussion thread titled “Importance of laws of the land.”
We hope for and work towards societies where the Noahide Commandments are more integrated into the legal systems through increased awareness. Until this is achieved, it is possible that judges may make decisions that do not align with Torah teachings, such as in cases involving abortion or euthanasia. While this can be frustrating for Noahides, it is forbidden to take enforcement of the Torah law into one’s own hands. Noahide communities cannot appoint their own legal systems and judges, as this would lead to chaos and confusion.
The Torah text mentions not only judges but also officers or police.[2] A society is safer with visible law enforcement. They are expected to guard the “gates” of society from harmful influences. Similarly, we need to guard our own lives from negative influences that could harm our own and our families’ integrity and righteousness.
Symbolic Gates and Internal Judges
Today, judges no longer sit in city gates but in courthouses. Few of us will become judges, and we hope never to need legal intervention. A practical lesson from Deuteronomy can be found in the book Crossing the Narrow Bridge. [3]
The “gates” can also symbolically refer to the body’s “gates” – the ears, eyes, nose, and mouth – through which external stimuli enter our consciousness. We are called to appoint “judges” within ourselves. Our internal “judges” should be guided by our study of the Torah and the 7 Noahide Commandments to discern what is permissible to pass through those gates, and what is not.
Practical Guidelines for Each “Gate”
- Ears: “Listen to the words of the wise” (Proverbs 22:17). Study Torah aloud to hear the wise words. Avoid slander, gossip, and bad music.
- Eyes: Appreciate the beauty of creation and the tselem – the image of G-d – in others. Avoid harmful and tempting images and refrain from looking with lust, criticism, or jealousy.
- Nose: According to Rebbe Nachman, the nose represents the fear of G-d (Isaiah 11:3). Breathe deeply and be patient, transforming doubt into trust in G-d, and anger into compassion.
- Mouth: Use your speech for truth, peace, prayer, and kindness. Avoid lies, slander, gossip, and mockery.
Internal Judgment
Psalms 109:31 states, “He [G-d] stands at the right hand of the poor person to deliver him from those who judge his soul.” Who or what are those “judges”? One is the yetzer tov, the person’s good inclination – the person’s trained moral conscience, which should be shaped by studying the 7 Noahide Commandments. The other is the yetzer hara, the person’s bad inclination. Each one gives its opinion about what the person should do when he faces a challenging situation, and the person has to decide which “judge’s” option he will follow. When a person walks with G-d at his side, G-d will give the person an infusion of willpower to choose the good and reject the bad. With correct knowledge of the Noahide Code, there are fewer internal struggles to keep negative influences out and to avoid wrong choices that could harm ourselves or others and damage our relationship with G-d.
By Angelique Sijbolts
With thanks to Dr. Michael Schulman for his feedback
Sources and more information:
[1] Used Source – Sefaria: Separation of Church and State by Rabbi Dina Rosenberg
[2] See Spiritual Survival for Law Enforcement, by Rabbi Cary A. Friedman. https://spiritualsurvivalbook.com
[3] Crossing the Narrow Bridge: A Practical Guide to Rebbe Nachman’s Teachings, by Chaim Kramer. Chapter on “The Seven Candles,” p.281-287.
AskNoah Forum: Importance of laws of the land
AskNoah Article: Laws & Courts: Rights and Justice are Foundations of Peace
AskNoah Article: Who is authorized to ordain Noahide judges?
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