The Law Come To Get You If You Don't Walk Right (Robert Hunter & Jerry Garcia - "Tennessee Jed")

          My sister, brother in law and niece spent Family Day Weekend with us. Because they live in New York, their visit was a result of the President’s Day weekend. My brother in law is an attorney who used to work for the Justice Department office in New York, also known as SDNY (Southern District of New York). He was one of the hundreds of former Justice Department lawyers who signed a petition protesting the Attorney General’s recent behavior. While watching a news story about the U.S. Attorney General, my brother in law explained that the most important rule in the Justice Department, the fundamental code of conduct is to keep “politics” at arm's length. Politics doesn’t determine whether to prosecute or not; facts do. Politics doesn't determine whether to indict or not; facts do. Politics doesn’t determine whether to sentence or not; facts do. Politics doesn’t determine whether to commute a sentence or not; facts do. He explained that the idea of keeping "Politics" out of the Justice department was Justice Department training 101, so to speak, I asked if Politics ever entered into their decision making at the Justice Department. His answer stunned me. He explained that when he was at the Justice Department over twenty years ago; he was trained to view “Politics” that turned facts into something very different. Sometimes Politics would turn facts upside down, or into a lie, or something very subjective. For my brother in law, the law must be objective for the system to have integrity. The image of Justice wearing a blindfold and the scales set as equal must be the guiding principle of a society based upon law.
          This week’s Parsha is Mishpatim. Moshe is still at Har Sinai. However, the revelation that occurred with the giving of the Aseret Dibrot (Ten Commandments) is long gone. Instead, God has now started giving Moshe numerous laws that affect the day to day issues raised by human interaction. There is no shofar blowing, there is no anticipation of meeting God at the mountain. Rather there is only God telling Moshe how to decide various legal matters including the damages to be paid if my ox gores your ox; two men are fighting near a pregnant woman and she gets hurt, and how to treat to a Jewish servant, observing festivals, the issues of liability for those who are asked to safeguard another’s property as well as manslaughter, to name just a few of the fifty-three commandments (according to the Sefer HaChinuch). Moshe tells these laws to Bnai Yisroel and they respond with the words Naaseh v’Nishmah – we will do and learn. The Parsha concludes with glowing fire upon the Mountain that Moshe ascends once again.
          Amid the more than fifty Mitzvot and within the midst civil law appears a commandment that seems more like a warning than a commandment. MIdvar Sheker Tirchak V’Naki V”Tzadik Al Taharog–Distance yourself from a false word; (Ex. 23:7).Usually, a commandment uses language such as “do” or “don’t”. In fact, the commandments that immediately appear before and after utilizing the commandment language of “do” or “don’t”. This is the only commandment that tells us to Tirchak – distance ourselves and as a result creates inherent subjectivity. One person’s distancing from falsehood might not necessarily be another person’s distancing from falsehood. So why the relativism as compared to the absolutism of the all these other commandments? Perhaps the ability to discern falsehood carries with it a degree of subjectivity. Perhaps the Torah and later the sages understand that falsehoods are relative, relative to severity, relative to intent and even relative to harm. In Breishit Rabbah, the Talmudic Sages commentary upon the Torah, we learn: “When the Holy One Blessed be He was about to create mankind, the ministering angels divided into two parties. Mercy said: ‘Create him!’ Truth said: ‘Do not create him since he is all falsehood’ “. However the same Talmudic Sages teach in the Masechet Chullin (the Talmudic Tractate that deals with all the laws of Kosher ritual slaughter) HitRacheik Min HaKiOr U’Min HaDomah Lo V’Min HaDomah L’Doma – Keep far (distance yourself) from ugly dealings and that which smells of them, or even remotely resembles them (Chullin 44b). One statement acknowledges that a world only built upon absolute truth might very well be a harsh world that is not particularly forgiving. The other statement, like the Torah’s warning, reminds us that if we spend too much time near falsehood, then the world might become corrupt and no one would trust systems and institutions. We need to have enough judgment to determine when we are too close to "falsehood" that it leads to mistrust.
          Politics doesn't just occur at the Federal, Provincial or local level. Politics occurs in synagogues and politics occurs wherever there are groups of people including schools. Aristotle, the ancient Greek philosopher was right, man is a political animal. As a result, politics causes us to have ugly dealings and often times leaves a bad smell or aftertaste. As long as it remains untainted by politics, the Law can actually cleanse. At its best, the Law should be objective and the carrying out of the law, understanding of the law is also an exercise in objectivity and cleansing. Maybe that is why Judaism is grounded in the law, as it fundamentally wants to cleanse the soul of the mundane activities that occur because mankind is a political animal.

Peace.
Rav Yitz