Judgment for injustice

By Yaffah daCosta

This portion of the Torah called Shoftim (Deuteronomy 16:18 – 21:9; about judges & judgment) is my own nativity reading. It’s the portion of the text (i.e., in an annual cycle of readings) that was read during the week when I entered this world. Knowing these verses is not like a horoscope, and it certainly won’t tell you your future. But it may explain some things to you, about yourself in the spiritual realm that you have not really understood before.

In my own case, when I read Shoftim, knowing it was my nativity reading, certain things about me began to make sense that had not been clear to me prior to that. For example, one of the themes in this week’s reading is about righteousness (or justice). It says in the text at Deuteronomy 16:21, tzedek tzedek (justice, justice) you shall pursue”. Or, that which is altogether “just” you shall pursue! When I read this, it occurred to me that I have always had great difficulty in my life when seeing a gross injustice, and could never keep my mouth shut.

For example, I spoke out against the injustices of the Vietnam War (but not against our honorable service men and women). I also fought for civil rights in the workplace, as a senior manager and management consultant. This difficulty I’ve had with injustice at times has gotten me into a peck of trouble. At other times, it worked to my advantage, such as when I began to add ethics topics to my management-development courses for Fortune 100 companies (and I knew they really couldn’t stop me).

Second, I’d like to mention the biblical “measure for measure” consequences for any witness giving false testimony. It says in Deuteronomy 19:18-19 “And the judges shall inquire diligently; and, behold, if the witness be a false witness and has testified falsely against his brother; then shall ye do unto him as he had purposed to do unto his brother; so shalt thou put away the evil from the midst of thee.” And oh, how I have seen this happen in actual practice!

Whether it was in the workplace, or among friends, I have witnessed situations of a false witness having had happen to them what they wanted to have happen to the person about whom they were spreading the lies, slanders and false testimony. Somehow, I also believe there will be justice someday for those involved in perpetrating a “bias” or “spin” (propaganda) in the mass media which is expected by the general public to be impartial, or at least more balanced, in their reporting of the news.

Another major segment of this reading is the code phrase “an eye for an eye” which is quoted in Deuteronomy 19:21. Many people have equated this statement to a “Law of Retaliation.” In other words, if I were to gouge-out your eye, and I was judged guilty, the court could then order to have my own eye gouged-out as a fair punishment.

But a closer examination of the texts (and other verses to be studied are at Exodus 21:22-26; and Leviticus 24:19-22; and also the oral traditions that went along with these texts) reveals that this is actually talking about a limit on “compensatory damages” for hurting someone’s eye. In other words, it would be an injustice to the guilty party if the court were to order payment (in damages) much more than the value (in terms of occupational disability) for the loss of the other person’s eye.

I think it is a gross injustice that these kinds of slanderous statements (like calling the “eye for an eye” verse the Law of Retaliation) about God’s word and the Jewish people, who are claimed to be following such “inhumane practices.” There needs to be more people out there countering this slander with the truth. There I go again – can’t keep my mouth shut!

Finally, I’d like to share about another aspect of this reading that can be used to counter a false impression (and a slander, actually) that has been perpetrated against the ancient Israelites: That they were butchers and barbaric warriors. Many people have been taught that the Israelites slaughtered the people of the land of Canaan (men, women and children) … but this is not so.

There’s a proof text where God says that He (God) would drive out the inhabitants (this is at Deuteronomy 4:36-38) and the Israelites were to “dispossess” the inhabitants of that land. In spite of this, still there’s a canard repeated over and over again that the God of the so-called Old Testament was a bloodthirsty God. That He had the Israelites slaughter entire populations!

But notice, here at Deuteronomy 20:10, it says: “When you draw night unto a city to fight it, then proclaim peace unto it. And it shall be, that if it make an answer of peace, and open unto thee, then it shall be that all the people that are found therein shall become tributary unto thee and shall serve thee.” The “service” being spoken of here is those people renouncing their idolatry … and agreeing to obey the moral code given to all mankind (a.k.a. the Seven Laws of Noah).

Most of the sages and commentators are in agreement that this commandment (of first suing for peace) held true for all the wars within which the Israelites found themselves, including those of the cities of Canaan. So the comment that the Israelites slaughtered literally everyone (man, woman and child) is a slander and “false testimony” that people will have come back onto them (i.e., in terms of what they sow, that they shall also reap).

This exhortation about proclaiming peace is playing itself out today! Modern-day Israel will sue for peace … so long as there is any chance for peace! But once it is absolutely clear that a true and lasting peace is not possible, then Israel must fight for its survival, as would any other modern day nation and people. The lies and false testimony aren’t helping Israel (whether incitement in the Palestinian press, breaking the Olso agreements, or the slanted news reporting in the western media) but, ultimately, Israel will prevail in maintaining her God-ordained dignity and survive as a nation among the nations.


Editor’s Note: Send Yaffah an e-mail message with your birth date (mo/day/yr) and she’ll return to you a message with the scripture readings for that week during which you were born.

Yaffah daCosta

Yaffah Batya daCosta is a lay religious educator in the Jewish Roots Movement of Christianity. She writes a monthly d'var Torah column for non-Jews in the DFW Christian Heritage newspaper and has also been an educator on Christian radio for nearly 7 years, but is now taking a sabbatical while filling-in for other radio program hosts. She is the Jewish-Christian Affairs Coordinator for Kulanu, a Jewish group in Maryland supporting communities of lost Jews. And she is a member of the highly acclaimed National Unity Coalition for Israel. Lastly, Yaffah has a cameo appearance in the upcoming film documentary, "Jews and Christians: A Journey of Faith," about Jewish-Christian relations and interfaith dialogue, to air in syndication on Public Broadcasting stations all over the United States. Read more of Yaffah daCosta's articles here.