on justice and law

There have been a lot of conversations over these past weeks about how we ought to respond to the racial turmoil in this country. Part of these conversations have included questions of how we ought to react when we disagree with decisions made in full accord with our legal system.

“Tzedek, tzedek tirdof,” we are commanded (Deuteronomy 16:20). Justice, justice! shall you pursue. And pursuing means not waiting for an opportunity to bring more justice in this world to present itself, but actively hunting for others in need, for victims of injustice, for places where the shofar blast of righteousness must be heard.

But what ought this pursuit entail? What happens when we are in doubt of whether our justice system was able to meet its ideals? Do we sit contently and respectfully and say, the system ruled and we must obey? Or do we protest and move beyond such a system?

The answer, according to our tradition, is not so clear-cut. On one hand, Jewish tradition believes firmly in the need for government and law. It is a Noahide law, one of the most basic requirements for decent human beings, to have courts of justice in their communities. The Talmud states explicitly that “the law of the government is law” (Bava Batra 55a). Rabbi Joseph Telushkin teaches,

A functioning and equitable legal system is so basic to a moral society that the establishment of courts of law is the one positive demand Jewish law makes of non-Jewish societies (Sanhedrin 56a-b). The implication is that Judaism opposes anarchy: Why else would it require that all societies have a mechanism for enforcing laws?

In The Ethics of the Fathers, Rabbi Chanina teaches: “Pray for the welfare of the government, for without fear of governmental authorities, people would swallow each other alive” (3:2). (Telushkin, Joseph. A Code of Jewish Ethics. New York: Bell Tower, 2009).

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We remember that our legal and governing systems are here for many important reasons, and in most cases, we must do our best to uphold and respect these systems.

On the other hand, we may not stand by the blood of our neighbors, and when the ideals of justice are not being met, we are required to speak up. Our strongest example? Abraham dared to speak up to God in the name of his understanding of justice. When God sought to destroy Sodom and all of its inhabitants, Abraham dared to speak up, and not just to a local politician. Abraham demanded that if there be only a few righteous people, that God hold back. And, God committed to his terms.

We must strive for justice, but in a manner that is tempered and that recognizes the reality of the world we live in. To be most effective in repairing this world—in bringing about Tikkun Olam— we must bring everyone along in understanding: even those with whom we disagree, and even those systems that may be flawed. Success in bringing wholeness to this world will depend not on chaos and revolution, but relationship and respect.

Originally published in Temple Emanu-El of Edison’s January 2015 edition of Kolaynu.

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davidzvaisberg Written by:

David Vaisberg, originally from Montreal and Mississauga, Canada, serves as Senior Rabbi at Temple B'nai Abraham in Livingston, NJ and lives in Maplewood, NJ with his family.

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