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Mishpat tzedek (righteous justice) although more properly understood as 'due justice' or 'equitable justice.
Berkovits distinguishes between these terms: tzedek is justice in the sense of doing the right thing in a legal procedure; mishpat is justice as a cosmic principle that maintains harmony in the world and makes possible the world's continued existence.
From Etz Hayyim Torah and Commentary, The Rabbinical Assembly, JPS
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The focus of this week's reading is on justice; the famous call for justice: "Tzedek, tzedek tirdof- Justice, justice shall you pursue" appears in our parasha (Deut. 16:20). The Torah lays down the principles for a judicial system which is fair and honest (see previous years' discussions: 5763 (JDC), 5761 (NJL). In addition to the rules for kings, priests and judges, a few other commandments in the parasha don't seem to relate to justice directly. Note the two additional verses we've selected: on idolatry and on trees in besieged cities. Is there some way they connect to the parasha's theme of justice?
Our parasha uses two words: mishpat (justice) and tzedek (righteousness). Berkovits suggests that the former refers to the cosmic principle of justice, and that the latter is our legal application. Parenthetically, the technical literary term 'hendiadys' refers to expressing an idea more forcefully by using two nouns (usually with the connector: and, as in great and mighty) instead of a noun and modifier (eg. He came despite the rain and weather instead of He came despite the rainy weather). The Etz Hayyim translates mishpat tzedek as 'due justice.'
The parasha's main concern for justice and the well-being of society therefore includes many regulations that relate to people's relationship to one another. Traditionally, mitzvot are divided into two categories: These mitzvot between individuals and their neighbours/peers are called bein Adam lachaveiro. Mitzvot between an individual and God are called bein Adam lamakom.
We typically think of justice as our relationship exclusively with others, but the Chatam Sofer quotes a midrash on a verse from Hosea that includes the two key words from our parasha mishpat (justice) and tzedek (righteousness) together with two more attributes: graciousness (chesed) and mercy (rahamim). How do these four attributes fit together? According to the midrash, God provides the latter two-- we're responsible for the first two. Applying this understanding to our verse: God will establish our settlements [the Chatam Sofer then adds- in order that] we may govern the people with justice and righteousness. By doing this, the Chatam Sofer suggests, God and people will be (in Hosea's words) 'engaged' in a committed, mutual 'betrothed' relationship. God treats us with graciousness and mercy; in order to fulfill our end of the bargain, we must treat each other with justice and righteousness.
The Chatam Sofer's midrash connecting our obligation for social justice to our relationship with God is supported by our parasha. In addition to the rules of the administration of justice, our text reminds us (again) of our obligation to worship only God, and the prohibition against the worship of other gods. The Torah doesn't seem to make a big distinction between 'ethical' commandments (Don't steal, Don't murder), or 'ritual' commandments (Shabbat, Kashrut, the laws of sha'atnez (the prohibition against mixing wool and linen) etc.). According to the Talmud, mishpatim (sometimes translated as laws or ordinances) are those bein Adam lachaveiro, and chukim (translated as rules or statutes) are bein Adam lamakom (between an individual and God).
Almost all mitzvot can be understood as either one or the other. But there is a third (often overlooked) category: bein Adam las'vivah (between an individual and the natural environment). Recently, this neglect is beginning to be more addressed as we recognize the importance of how we relate to the earth. This week's parasha also includes the famous verse to not cut down fruit trees in time of war. This verse has become the Jewish environmentalists' central catchphrase for Judaism and the environment, and has been spoken about in previous parasha study (5762 (JDC), 5760 (NJL). The concern for the environment is not just about caring for biodiversity, global climate change, habitat destruction, and pollution (as important as all these things are!). At a fundamental level, environmentalism is about social justice, too. Environmental concerns cannot be separated from other societal concerns. Lower class communities are disproportionately affected by environmental problems. (How many poor neighbourhoods are in the shadow of industrial plants with contaminants and pollution?) And conversely, a highly successful initiative has been to create community gardens in low income neighbourhoods. How is it that something as simple as a vegetable garden in the inner city can build community, increase land value, and reduce crime? And, I would argue, how we treat the earth reflects on our attitude to God's creation and vice versa. So this category too, connects with bein Adam lachaveiro and bein Adam lamakom.
Lessons for Today
Our parasha has focused on three categories: bein Adam lamakom, (ritual commandments), bein Adam lachaveiro (social justice), and bein Adam las'vivah (concern for the natural environment). And while it is sometimes helpful to organize mitzvot into these groups, we see that they are all interconnected: social justice is connected with our relationship with God, and concern for the natural environment can effect social justice.
But wait, there's one more! Every individual operates in a fourth sphere: bein Adam l'atzmo (between an individual and him/herself). Wouldn't it be great if we could find something in our parasha that speaks to that inner self? Our parasha begins, "You shall appoint magistrates and officials in all your gates" The pshat means, in all your settlements. The commentator known by the title Shelah HaKadosh interprets 'gates' midrashically, as the 7 openings of our body (2 eyes, 2 ears, 2 nostrils and 1 mouth):
The '7 gates' are the way external stimili enter into a person. We must set guardians at the gates of our souls—our mouths [that we do not lie or speak malicious gossip], our ears [that we not be eager to hear malicious gossip] and our eyes [that we do not form the habit of seeing the worst in others].
How will setting 'guards' on our 'gates' help? The mezzuzah does not physically guard our homes, but it does 'guard' our Jewish identities. Each time we enter or leave and see the mezzuzah affixed to our doors we are reminded of God's presence. Similarly, we must construct an imaginary 'spiritual' mezzuzah on our mouths and on our ears to guard our inner space. Indeed, if we make sure that we have right speech and right actions and right thought-- to others and the environment, then we will surely fulfill the verse: "Tzedek, tzedek tirdof- Justice, justice shall you pursue, in order that you may thrive and occupy the land that Adonai your God is giving you."
Shabbat Shalom.
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