Appointment of Judges

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1. The Differences Between Devarim and Earlier Accounts

   Prof. Jonathan Grossman

   There are a number of differences between the stories in Devarim and the descriptions of the same events in earlier books. This article addresses two cases: Yitro's advice regarding the judicial system, and the Sin of the Spies. The different descriptions are an archetype for two types of distinctions: historical and tendentious.

2. Yitro

   Parashat Yitro

   Rabbi Yaakov Medan

   Why did Yitro come to the camp? Was his advice to Moshe sage? Did Moshe follow his advice? When did Yitro arrive at the camp, and when did the parallel episodes of appointing elders and judges occur? Why was the punishment of the sinners at Kivrot Ha-Ta’ava so severe, and what is the difference between the requests for meat in Beha’alotekha and in Shelah?

3. Zion Shall Be Redeemed With Justice

   Rabbi Yair Kahn

   A court system and administering justice are basic needs for any society in Eretz Yisrael or abroad. The Torah’s emphasis on Eretz Yisrael in this regard points to an additional significance to the appointment of judges as part of the commandment to settle Eretz Yisrael.

4. Avoiding Another Kadesh Barnea

   Rabbi David Silverberg

   Moshe’s history lesson is designed to avoid a repetition of the sin of the spies. To this end, the conquering of the Emmorite kings is described as premeditated and the tension regarding the Eastern tribes is downplayed. The commentators offer various explanations as to the relationship of the appointing of judges to the sin of the spies.

5. Yehoshafat, King of Yehuda

   Rabbi Alex Israel

   The brief description of Yehoshafat in Kings I indicates  that his perios was one of enormous prosperity and extensive political hegemony over the region. In Divrei Hayamim, his reign is described in luxurious detail, spanning four extensive chapters. Yehoshafat is determined to actively pursue national unity with the Northern kingdom and the House of Ahav despite prophetic criticism. The results of this questionable policy included one failed military campaign and a broken fleet of ships. Yehoshafat began his monarchy with a passion for spreading Torah, and later , upon receiving the criticism of the prophet he decides to rehabilitate the legal system.

   As a king, Yehoshafat is superior even to Shlomo in his positive and responsive interactions with the prophet and in the fact that, despite his association with Ahav, he is insusceptible to idolatry.  In the landscape of Sefer Melakhim, Yehoshafat stands as one of the greatest and most impressive kings of Yehuda.

6. The Oral Law and the Secret of "Eikha"

   Rabbi Yaakov Medan

   Moshe in the Torah, Yishayahu in the Prophets, and Yirmiyahu in the Writings, all express their amazement at the situation and fate of the nation of Israel using the same expression - "eikha" - and our Sages teach that this is no coincidence. The three questions are connected to one another, and they share a single answer. By closely examining the qualities of Moshe as a leader and of Bnei Yisrael as a nation in the desert, we learn the importance of connecting the Written Law with the Oral Law, the Torah of speech, which are the threads that will join Moshe and Bnei Yisrael anew into a single entity.

7. Zion Shall Be Redeemed With Justice (Audio)

   Rabbi Yair Kahn | 11 minutes

   A court system and administering justice are basic needs for any society in Eretz Yisrael or abroad. The Torah’s emphasis on Eretz Yisrael in this regard points to an additional significance to the appointment of judges as part of the commandment to settle Eretz Yisrael.

8. Ramban on Shoftim - Does Jewish Society Exist in Chutz LaAretz?

   Rabbi Ezra Bick | 12 minutes

   This shiur looks at the mitzva of setting up courts as it appears in Parashat Shoftim. The Torah presents the setting up of courts as a sequential next step after settling in the Land of Israel, and commands people to follow the instructions of the judges and kohanim. Ramban distinguishes between the mitzva’s application in the land as opposed to elsewhere, during the exile. Are we commanded to set up courts in Jewish communities outside of Israel? One would expect that the rule of law is important anywhere. But in the Land of Israel, especially with the Mikdash at the center and the central court adjacent to it, the full potential of the Jewish community can be realized, and the courts can be set up as a firmly established institution, as opposed to an ad hoc basis.

9. Moshe's First Speech - Preventing the Sin of the Spies

   Rabbi David Silverberg