Shoftim
The Sedra of Shoftim begins with a seemingly confusing Posuk.
"Judges and Officers you will appoint for yourselves throughout your gates which HaShem your G-d is giving to you and they will judge the people with Righteous judgements."
The Alshich points out that the Posuk seems confused as to whom it is addressing. The commandment to appoint Judges is obviously addressed to the appointers. The instruction for them to judge with righteous Judgements is speaking to the Judges themselves.
His answer to the first point addresses a very familiar and too common problem in society. People try to "buy" legislators. We have seen the problem recently in this country. Accusations that money was given to produce favourable legislation were levelled against the present Government and certainly the previous one.
In other countries and especially the United States, the amount of money required to reach high office makes the problem inevitable and hardly worthy of comment. Very wealthy people are used to their great wealth getting them what they want. That same expectation manifests itself when it comes to the legislative process.
The Alshich says that the first part of the Posuk is indeed speaking to the people appointing a Judge. They have to accept that "You will appoint Dayan also for yourselves." He must be appointed so that he will be fearless in saying that someone who is guilty is guilty, especially the person or people who appointed him. A second Drosho the Alshich points to, is that the Judge should be appointed to judge the people. The person making the appointment should be the type of Yied who will do nothing that would bring him before a Beis Din. A persons positoon wealth or power must be of no moment to a Shofet whatsoever.
I was once invited to address a group of young people in one of Anglo Jewrys most prestigious Synagogues. There were over four hundred young professionals and my talk went very well. The following day the organisers had arranged a panel on the subject of "Jewish Education." Amongst those seated with me were some Captains of British Industry who at the same time were also "Generals" of Anglo Jewry. One of my fellow panellists had just returned from dinner with Henry Kissinger.
After a few standard questions someone asked, "What should a Rabbi speak about from his Pulpit?" The questioner posed the question with a smile and looked at me as he asked it. I was the only Rabbi on the panel and the question was obviously addressed to me. Two of the other panellists were asked though to speak first. Henry Kissingers chum said some reasonable things, which found general approval from the audience. Then it was the turn of one of the countries richest men to offer his views. This gentleman had very, very firm views indeed. He leaned over the table towards the audience and his voice went up a few decibels, "He shouldnt preach. He shouldnt tell the congregation what to do! He should educate them about Judaism instead." It was then my turn and I abandoned my original answer "inspired" as I was by the previous speaker I told them a well known story."
"There was once a young Rabbi who was giving his first sermon in front of his new congregation. He began to speak about the importance of keeping Shabbos. He recalled the non-Jewish commentator who observed that more than the Jews have kept the Sabbath, the Sabbath has kept the Jews." After the service the honorary officers rushed up to him and exclaimed, "Are you mad? This is a young congregation and many of them have to drive to Shul. Why are you trying to embarass them?" The young Rabbi offered his apologies and thought hard about what to speak about the next Shabbos. He stood in his pulpit and spoke about how essential it was to keep Kashrus. Again he was greeted by a gaggle of furious Top Hats who shot out from their Box as soon as the service finished. "Are you deaf as well as Mad? Kashrus! Didnt we tell you that it is a young congregation? Many of the people here are business people and have to go to business lunches in non kosher restaurants with colleagues." Again the Rabbi apologised and determined to get it right on the third attempt. He stood up and spoke of the crucial nature of Taharas HaMishpochoh (laws of family purity). The Top hats arrived on que and promptly became incandescent. The young Rabbi stared at his employers in exasperation and said, "Well what should I talk about?" The Honorary Officers looked at him and said, "Talk about Judaism!"
I finished the story and the audience laughed. My fellow panellist looked at me with a glare that said, "If only I was your employer so that I could sack you." In fact he actually asked me afterwards if I was affiliated to an organisation over which he and his money held considerable influence. When I told him that I was not, he gnashed his teeth a good deal and looked like a cat who sees its mouse disappearing into a hole in the skirting board.
It is interesting to note that the Synagogual organisation this gentleman has had so much input into employs its Rabbis on a basis of "Rolling one year contracts." Talk about Judaism indeed.
Making money the arbiter of Jewish life is not a phenomenon exclusive to contemporary Anglo Jewry.
Reb Zalman Sorotzkin ztl echoes the question of the Meforshim who ask about the identities of the Meraglim who were sent to Spy the land of Israel. Three months earlier the Torah had listed the leaders of the Tribes and a different set of names emerged. He explains that the spies would in part be trying to locate the best bits of the Land for their own particular Tribes interests. The tribes selected, "Kol Nosi BoHem" the Nosi they considered appropriate. The spies had of course to be Talmudi Chachomim but not the sort of Talmudi Chachomim who "never lift their heads from a Gemora." They felt they needed people who were "Broader", who had a good head for business and cold spot the bits of Israel, which would bring a good economic return for their tribe. Gelernt iz Gut, Ober tzu Gelernt?
It has certainly been my experience that Mosods, which have been built and are run by the Mechanchim themselves, are by far the most successful. Its a strange paradox that the essential ingredient of a Mosod and one that keeps it going i.e. money, is not successful as the prime mover and creator of a Mosod in the first place.
Chazal say that a Dayan has to be a "Sonei Betza," as Onkelos translates it, "Someone who hates accepting money."
I once heard from Rabbi Miller Shlita of Gateshead about a time he went to see the Steipler Gaon Ztl for advice about some Seminary matter. After the advice had been given, Rabbi Miller then became a Shaliach on behalf of a wealthy Yied who also needed advice. After the Steipler had considered and advised on this matter, Rabbi Miller took out an envelope, which the rich Yied had sent as thanks to the Steipler for his Aitzos. The envelope was slightly open and bank notes were revealed. Rabbi Miller put it on the table and then the Steipler saw that it contained money. Rabbi Miller recalled that a look of disgust came over the Steiplers face when he realised what the contents were and so he quickly explained "Iz far Der Rovs Tzedokos" Its for the Rabbis Charities. The Steipler pushed the envelope back across the table and asking "Iz felt Tzedokos in Gateshead?" "Are there no Charities in Gateshead?"
It is that sort of Shofet that the Torah demands be appointed for Klal Yisroel. Rabbonim who cannot be bought, cannot be thought to be bought and are fearless in upholding the Halocho whoever comes before them. Even if it is true that money talks, it is more true that the Torah doesnt listen.