Judges and Priests

In last week’s Haftarah, I Kings 5:26-6:13, the Deuteronomist describes the Solomon’s Temple. It reminded me of what the text describes in chapter 7. Solomon has ten lavers and ten lampstands made for the Temple. The text goes into great detail about all that Solomon did in the Temple, with no direct instructions from God. When Moses built the Tabernacle, on the other hand, God makes it very clear that he is supposed to copy the heavenly Tabernacle in every detail (Ex. 25:40). What changed?

This is just one example of a very important idea, which is stated outright in Deut. 17:8-9, “If a legal case is too difficult for you…you shall get up and ascend to the place which HaShem your God will chose. And you will come to the levitical priests or to the judge who will be in those days, and you will ask, and they will tell you the word of judgment.”

The priest or judge who is alive at the time has the authority to make legal rulings, and verse ten makes it clear that the community is required to uphold their verdict. In BT Rosh HaShanah 25A, the sages highlight the phrase “in those days.” This points out that we cannot appeal to an earlier court. We must accept the legal rulings of the court that lives in our own time, because only they know how to apply Torah law to current circumstances. This is what Solomon did by adapting the Temple design.

Rabbi Ben Dosa argued that if we take issue with one court, we would have to take issue with every court, including Moses, based on Exodus 24:9, “And Moses and Aaron, Nadab and Abihu, and seventy of the elders of Israel went up.” The rabbi argues that the names of the seventy elders weren’t given so that no one could mockingly ask a judge, “Who do you think you are?” (Mishnah, Rosh HaShanah 2:9)

This commandment teaches us that we must appoint judges to apply the Torah, and follow their rulings on issues of law. This applies to things like setting the date for festivals, which R. Akiva points out the Torah says that “you,” meaning the Israelites, should proclaim the days of the feasts (Lev. 23:2). And the date set by the court is therefore final, even if the witnesses who saw the new moon made a mistake (BT Rosh HaShanah 25A).

Hebrews appeals to this same idea when it says, “Obey your leaders and submit to them; for they are keeping watch over your souls, as men who will have to give account. Let them do this joyfully, and not sadly, for that would be of no advantage to you.” (Heb. 13:17 NRSV) Today the leadership of our synagogues function as judges with the authority to make legal rulings. The Messiah taught this, too.

The scribes and the Pharisees sit on Moses’ seat; so practice and observe whatever they tell you, but not what they do; for they preach but do not practice. (Matt. 23:2-3)

This idea is vital for unity. If we do not have leaders who have the authority to make legal decisions based on Scripture and our legal tradition, we are in great danger. It is easy for us to split off in a thousand different directions, and we may all stop even talking to each other. We lose the ability to get along and to fellowship together. We also lose the ability to apply the Torah to new situations, because we have no one with the authority to say that it ought to be applied in ABC way, instead of XYZ way, and it may quickly become irrelevant to our lives. Without judges, we descend into instability and chaos.

Taking Responsibility

I was convinced that I needed to start posting halacha here again by a verse from last week’s Torah portion. Exodus 21:29 says, “And if the ox gored yesterday and the third day, and the owner was told and did not guard it, and it killed a man or a woman, the ox must be stoned, and also its owner shall die.”

The sages in the Mishnah established a general rule based on this principle. In the Mishnah, tractate Baba Qamma 1:2 the sages explain that if I am responsible for something and it does damage to anyone or anything, I am considered responsible for the damage it has done. Basically, I am not only responsible for what I do, I am responsible for what I should have done, and did not. I can’t say “I wasn’t trying to hurt anyone.” My only defense is if I can say “I was trying not to hurt anyone.” If someone was hurt in spite of everything I could do to prevent it, I am not responsible.

Neusner explains it well, “what God wants a person to do is take responsibility for his or her own actions, accountability for the results of what chattel belonging to him or her has done—no more, no less.” (Making God’s Word Work, 199)

The Talmudic sages clarified and limited exactly what this means. First, I had to know and be warned ahead of time that damage could come about. The meaning of “if the ox gored yesterday and the third day” is that this ox had a habit of causing injury. I can’t be held responsible if I had no way of knowing that someone was likely to get hurt. Even if there was a pattern, I am not held as responsible for my possessions causing damage as if I did it myself. The basic idea is that if I hurt someone, I am responsible not only for the damage, but for my intent to cause damage. If I am only guilty of neglect, I must pay for the damage, but not for my intentions. (BT, Baba Qamma 9B-10A)

As I read this, I was reminded of what James tells us, “Let not many of you become teachers, my brethren, for you know that we who teach shall be judged with greater strictness. For we all make many mistakes, and if any one makes no mistakes in what he says he is a perfect man, able to bridle the whole body also.” (Jas 3:1-2, NRSV)

I am not a perfect man, and I make many mistakes, and I’m not free of the pride and ambition that James goes on to describe in this chapter. But if I fail to share what I do know, I am just as guilty as if I speak wrongly. As Rabbi Tarfon said, “You are not required to complete the work, but you are not free to cease from it.” (M. Pirkei Avot 3:21)

Let me leave you for this week with a challenge and a question: what responsibility are you neglecting, and what damage could it cause?