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What are some of the most well known and most often quoted phrases of Torah? 

Whenever I ask this question, I hear what has become an infamous catchphrase, particularly within liberal Jewish circles – Tzedek Tzedek Tirdof. Justice, justice you shall pursue. 

Often, we debate what this means. Why do we repeat the word tzedek, or justice, twice? Is it simply for added emphasis, or is there a deeper meaning? What does justice mean? How do we pursue it? Who does justice? Is this an injunction meant only for judges, or is it aimed at all of Israel? 

We often use this phrase when we talk about tikkun olam, the work of repairing the world. Oftentimes, we use it in a vacuum, to speak about justice writ large. But Tzedek, Tzedek, tirdof is more than just a catchphrase – it’s a directive that, I believe, has far reaching wisdom to teach us about governance and power structures.

The beginning of this week’s Torah portion, Shoftim¸ reads: 
“You shall appoint magistrates and officials for your tribes, in all the settlements that Adonai your God is giving you, and they shall govern the people with due justice. You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just. Justice, justice shall you pursue, that you may thrive and inhabit the land that Adonai your God is giving you.” 

You see – context matters. Without context, we lack the specifics. And the specifics here are important. Justice is not just about fixing the world. And justice is also not simply setting up a system of governance that includes magistrates and officials and courts and judges, though that is certainly part of it. 

Justice is about what it means for real people to occupy positions of power and authority and to wield it with an eye towards impartiality and equality. And here, in this Torah portion, justice is also deeply rooted in what it means to inhabit the land. 

“Justice, justice shall you pursue, that you may thrive and occupy the land that Adonai your God is giving you.”  

Our tradition tells us, time and time again, that part of what it means to inhabit the land is to use our power justly; to appoint and elect leaders and justices of high moral character; to ensure that those in power will not use it for personal gain. 

Since the Exodus from Egypt, we have been on this journey with the Israelites as they wander through the desert these last forty years. After 400 years of slavery, they have to figure out what it means for them to become a free people. How do they use that freedom equitably and unselfishly? How do they not become the very people and the very society that abused them? How will they create a new society in a new land with new rules for how to live together?

So, we know what justice is not. But what is it? What does it look like? Ibn Ezra, a Medieval commentator, tells us that “justice” appears twice in our text to remind us that we are to “pursue justice, whether it be to one’s gain, or to one’s loss.” 

Sforno, another, slightly later Medieval commentator, teaches that the directive of “justice” has to do with appointing judges. We are to select only “those who are already known for their sense of fair play and righteousness.” 

The Talmud shares a teaching that says “one mention of “justice” is stated with regard to judgement and one is stated with regard to compromise. How so? Where there are two boats traveling on the river and they encounter each other, if both of them attempt to pass, both of them sink, as the river is not wide enough for both to pass. If they pass one after the other, both of them pass. And similarly, where there are two camels who were ascending the ascent of Beit Horon, where there is a narrow, steep path, and they encounter each other, if both of them attempt to ascend, both of them fall. If they ascend one after the other, both of them ascend.” 

So, what do we learn from these sources? First, we learn that justice must be pursued regardless of whether it benefits us. If we see an injustice, we are obligated to do something to address it.

Second, the character of the people in positions of power matters. And if we are to govern responsibly, it is our responsibility to appoint and elect people that are upstanding citizens; good, decent people who are known in our communities to be fair and righteous, outside of seeking office. 

And third, living together requires compromise. And justice is intrinsically tied to our ability to seek compromise. If we each think that our issues are the only ones that matter, then we will be the same as the two boats who can’t pass and the two camels who fall. We have to recognize that, at times, stepping back is perhaps even more important than stepping forward. 

Holding and using power fairly is no easy task. And yet, Torah tells us that our sense of justice is deeply entwined with our ability to thrive in the land. In fact, the Talmud affirms this, reminding us that it was not the Babylonians or the Romans who were responsible for the destruction of the Temples and our subsequent Diasporas. No, it was us – our sin of sinat chinam, of baseless hatred, towards each other that caused the Diaspora and our eviction from the land. The Diasporas were a direct result of our inability to treat one another with kindness, with respect, with a sense of fairness and fair play, 36 times, more than any other phrase in Torah, we are reminded that we were once strangers in the land of Egypt. But it’s more than a reminder. It is an ethical imperative. We know what it is like to be strangers in a foreign land. We know what it is like to be without power and without autonomy. We are reminded 36 times that we must remember where we came from and create new ways of living together that do not rely on oppression, subjugation, and inequity.

These are challenging questions with even more endlessly complex and challenging answers. But our text is clear – if we are to thrive and to inhabit the land, we are given explicit instructions on how we should govern it; how we should live in it. How we should hold power in a just and ethical way. 

Tzedek Tzedek Tirdof. This week, we are given an opportunity to think about what it means to pursue justice, justly. 

Shabbat Shalom. 

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Temple Talk is a recap of sermons given from the Bimah for those who missed a Sermon or who wanted to revisit the words spoken at a previous sermon.