Audio Summaries of the daily Chumash portions In loving memory of Ousher Zelig ben Myer HaLevi Z”L
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Appoint Judges and Policemen
Moshe instructs the nation that they are to set up judges and policemen. Every city as well as every tribe must have appointed judges. The appointed judges must be expert and righteous to ensure that their judgments will be just.
The judges will be the ones to determine the verdict, and the policemen are to then hit the accused with rods and straps until they comply with their verdict.
Moshe now goes on to provide some precautions to the judges. They are not to:
Pervert justice
Show favoritism at any point (even whilst the litigants state their pleas, for example telling one that they must stand yet allowing the other to sit). This is because if one notices that the judge is giving more respect to his opponent, he will feel like there's no use for him to plead his case.
Take bribes (even if they still intend to judge justly, since it is impossible to accept a bribe and not have this influence one's judgement towards favor for the one who gave the bribe).
They are to seek out a good court.
Appointing proper judges is so crucial as it alone merits Israel staying alive and settled in the land of Israel.
Moshe goes on to tell the nation that they are forbidden from planting a tree or building a house on the Temple Mount. Scripture makes special note of the ashera tree which was used for idolatry, saying that even if one plants such a tree without idolatrous purposes, this is forbidden.
They are not allowed to set up a stone monument, even in order to use it for sacrifices to G-d. The alters which G-d commanded them to make are to be made up of stones (plural) and earth. Although in the days of the patriarchs, altars of (one) stone were beloved to G-d, this changed with the Canaanites using such altars for idolatry. Although the Canaanites also made idolatrous altars out of multiple stones, this was less common.
Moshe now tells the nation that they are not to sacrifice any ox or sheep that has a blemish. It is similarly forbidden to sacrifice an offering that became disqualified through verbally expressed improper intent (i.e with intent to eat it or place its blood on the altar after the allotted time set by Torah. Such a disqualified animal is referred to as "pigul").
Moshe now instructs the nation that if they are to find an idolator among them (determined as such by virtue of two witnesses providing corroborating testimonies, this idolator is to be brought out to the city in which he or she worshipped the idols and is pelted with stones till death.
Two witnesses are necessary to put someone to death in this manner. Scripture specifies that if there are three witnesses, this is also fine, to alleviate concerns that such a sized group would disqualify the entire group were one of the witnesses to be found to be "plotting" (i.e not telling the truth). In such an instance, only that one dishonest witness would be disqualified for all future testimonies, until it is clear that they have repented.
The witnesses are to be the first ones to take part in the idolator's stoning to death, followed by the rest of the nation.
If ever the appointed judges are unsure of the proper judgement, the judgement is to be brought to the Sanheidrin (Supreme Court) in the Temple. Scripture gives a few examples of such cases where a judge might be unsure:
Whether blood is menstrual blood which is considered impure vs ritually clean blood.
Whether someone is innocent or guilty
Whether a lesion is ritually impure or pure
When the judges in the city were not in consensus regarding a judgement of innocent vs. guilty.
Moshe goes on to tell them that they are to follow and obey the Kohanim as well as the judge of their times, even if such judge is not on the same level of the judge who preceded him.
They are to do exactly as the judge instructs, even if they say that "right is left and left is right". All the more so should they be obeyed if they say that "right is right and left is left".
One who intentionally disobeys a Kohen or judge is to be put to death.
In general, executions were to be done immediately after the verdict, however in the case of a rebellious sage, his execution is to be delayed until the next festival, when the entire nation will be in Jerusalem.
Shoftim, 1st Aliya