Deuteronomy 16 straddles two Torah portions. The last few verses in the chapter begin the Torah
portion of Shoftim, meaning judges: “Judges and officers shall you make in your gates…” Abravanel
states unequivocally that they play a vital role in a community's well-being, a bellwether. If courts are
professional and efficient, towns will run peacefully and orderly. Conversely, if they are incompetent or
corrupt, towns will go to pot. For that reason, tribes were wise to take great care in appointing worthy
men.
“Judges and officers shall you make in your gates, which God your
Almighty gives you, tribe by tribe. And they judge the people with
righteous judgment.”
Tribal heads serving on search committees, per se, were cautioned against toadying, meaning kissing up
and advancing candidates who lacked proper credentials. "You shall not pervert justice. You shall not
show favoritism. You shall not accept bribes."
For Abravanel, these warnings are not aimed at justices, cautioning them against perpetrating these
despicable acts and betraying their profession, as other commentators have written. Instead, the
Torah's instructions are leveled at men sitting on search committees. Tribal representatives must not be
moved by base motives. Certainly, they must not show partiality to candidates, "show favoritism."
Similarly, accepting graft from perspective interviewees keen on getting municipal court jobs is
unconscionable. As sure as the sun rises, appointing crooked judges will make shambles of any legal
system. "For bribery blinds the wise." In our context, a committee member who accepts graft will be
blinded from seeing an ill-fitted candidate's shortcomings. "And pervert the words of the righteous." An
interviewer on the take forfeits his objectivity. Against his former better judgment, he will now push for
hellish candidates, as a pall of confusion replaces his once good reasoning.
The Torah, obviously, shudders from such monkey business. Anyone acting along those abominable lines
is an embarrassment. And no one should abuse power by stooping so low, our verses warn. "Justice,
justice you shall pursue." Judicial search committees need to be guided by crisp morals and
uncompromised principles.
Indeed, upon sound legal proceeding will a state stand or fall. "So that you shall live and inherit the
land…." Fair law ushers in calm to its citizens. Call it a trickle-down effect. Furthermore, it promises
continuity – generation to generation.
On this very subject, Ethics of our Fathers, propounds forcefully: "On three pillars does the world exist:
law, truth, and peace." All three categories look to law, take their cue from righteous judges. If the
interviewers fail in their task, lawless magistrates will incriminate the innocent, and have them
executed. In short shrift, a country will wither and fold, fault of unscrupulous judges. Swiftly will the land
God Almighty granted to the Hebrews slip away.
In sum, this Torah portion’s lead verses issues dire warnings to men entrusted with appointing judges, as
Abravanel has argued. The subject is not the judges themselves. And what guidance does the Torah
provide for the “select committee”, shall we call it?
In succession, the Torah delineates three disqualifiers for a candidate, paralleling three surefire ways to
undermine a sound judiciary. For brevity, we only list the first one. "You shall not plant for yourself an
Asherah [or any other] tree next to the altar of God your Almighty." Abravanel believes this describes
the recklessness displayed by Jews in an altercation who take their legal gripe before pagan courts. The
affront resounds as egregiously as replanting an Asherah used for idol worship next to the steps of the
holy altar. Even if the heathen magistrate strictly follows Jewish law, the thing grates.
To sum up, Abravanel lays out what determines kosher judges, basing judicious traits on the verses in
our chapter.
