Thursday, September 5, 2019

The Judge Decreed It, The Clerk He Wrote It (Noah Lewis - "Viola Lee Jones")


          Following the horrific revelation of Jeffrey Epstein twenty years of molestation and rape of teenage girls in parts of Florida, New York, and New Mexico, his imprisonment awaiting trial and finally his suicide; the New York City Judge, Judge Richard Berman did something quite extraordinary.  Judge Berman received a lot of criticism however he also earned the admiration of our three daughters. When we heard about it in the news, it even sparked a discussion with our 12th-grade daughter. A couple of weeks ago, Judge Berman decided that those women who were victims, and witnesses to many of Epstein’s crimes, would be given the opportunity to offer testimony. Because the perpetrator was already dead, thereby avoiding trial and sentencing, many had asked what would be the point of entering the victims’ testimonies into the court records when the defendant was already dead and there would not be a trial per se. Our daughter thought the Judge was incredibly humane and brilliant for permitting the victims’ testimony. She intuitively understood that these women needed their testimony entered into an official court record because for the past ten years their testimony had been denied, and not validated. Our daughter then commented that the validation was not only for the victims but because an injustice had been perpetrated years before when the Florida court gave Epstein a minimal sentence and did not hear testimony, Justice itself had been corrupted. The victims’ testimony was a means by which Justice could be validated.
          This morning we read from Parsha Shoftim. Moshe has completed his lecture on the values of monotheism and covenant. Now he begins telling B'nai Yisroel all the nitty-gritty details of living a Jewish life within this community. What a downer! B’nai Yisroel is inspired and ready to enter into Eretz Canaan and begin living the life in the land that God had promised their ancestors. They are now ready to begin fulfilling the dream that allowed them to survive centuries of slavery. So what does Moshe Rabeinu do? He brings them crashing back to reality. Now they will listen and understand laws concerning war, punishments for idolatry, choosing a king, jurisprudence, priestly entitlements, and unsolved murders. Moshe gives B’nai Yisroel a healthy dose of reality by supplying all the details required to uphold the Covenant.
            Implicit in Moshe’s lecture, implicit in a society, any society for that matter, is the role of justice. Justice provides a check and balance to corruption. However, the concept of Justice itself, let alone the reality of it, can also become corrupt and perverse. Hence it is not enough for Moshe to tell us Shoftim v’Shotrim Titen Lecha  Sh’Arecha Asher Adoshem Elokecha Notein Lecha Lishvatecha  V’Shaftu et Ha’Am Mishpat TzedekJudges and officers shall you appoint in all your cities- which Hashem, Your God, gives you -  for your tribes; and they shall judge the people with righteous judgment. Moshe must explain what “righteous judgment” means, its foundation for a civilized society, its difficulty to maintain, and the brutal honesty required. Lo Tateh Mishpat – You shall not pervert judgment, Lo Takir Panim – you shall not recognize a person’s presence, V’Lo Tikach Shochad Ki HaShochad Ye’Averi Einei Chachamim Visaleif Divrei Tzadikkimand you shall not accept a bribe, for the bribe will blind the eyes of the wise and make just words crooked (Deut. 16:18-19).
            Justice is supposed to be blind. Whether poor or wealthy, whether blue-collar crime or white-collar crime, justice is supposed to be oblivious to our tendency to automatically side with the downtrodden or the wealthy well-heeled person. Why? Because corruption is blind as well. The poor can be corrupt and so can the wealthy. Sometimes, even the system itself can grow corrupt and perverse. When that happens, people, alienation increases. As parents, we sense that with our children. So when our daughter sees the courage of a Judge gives voice to the victim, to allow words of those who had been silenced to speak; our daughter’s faith in “the system”, is re-affirmed.  Corruption knows no barriers, knows no color, knows no religion, and knows no gender nor nationality. The only barrier to corruption is our own individual courage, a moral code, a constitution, the Torah and a profound desire to Tzedek Tzedek Tirdof – Righteousness Righteousness shall you follow (Deut. 16:20). As Jews, our sense of Righteousness comes from Torah, comes from these laws and the fact that justice must remain utterly pure and without a blemish.

Peace,
Rav Yitz

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