DEUT849 (Continued from [[LEV692]] Leviticus 19:18 love BLOCH 68). "Fearful and faint-hearted" men were among those who were exempted from serving in the army. In the opinion of one rabbi, the "fearfulness" was not based on cowardice but rather on an awareness of one's sinful life. (Deuteronomy, Sifre 112). This insightful comment reflects a true appreciation of the real intent of the Pentateuch, the exclusion of the rowdy element which is likely to lower the moral standard of an army. This aim was clearly spelled out in [this verse].

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DEUT848 “Justice, justice shall you pursue” (Deuteronomy 16:20) rings through the ages as one of the Torah’s major principles. The biblical prophets rail against the people for their failure to achieve justice, and they issue clarion calls for reform that have shaped the conscience of Western civilization for thousands of years. “Justice, justice shall you pursue” appears after several verses in the Torah that demand the institution of courts located in all regions where the people dwell, that prohibit bribes, and that warn against prejudice and judgement. By mixing procedural concerns (like the placement of courts in convenient places) with substantive issues (like the prohibitions against bribes and prejudice), the Torah indicates its awareness that the two are inextricably intertwined, that procedure affects substance and substance demands certain procedural rules. No human being can always know whose cause is right, for only God is privy to the sum total of every person's actions and intentions. Nevertheless, the Torah obligates us to establish courts to dispense justice as well as we can, and it specifies procedural rules to help us do that well. So, for example, at least two witnesses are required to establish a fact in court in order to forestall collusion. (Deuteronomy 17:6 and 19:15). To accentuate its prohibition of false testimony, the Torah includes it in the Decalogue, announced amid thunder and lightning at Mount Sinai. (Exodus 20:13. See also Exodus 23:1-2 and Deuteronomy 5:17). Moreover, a twenty percent fine is levied against witnesses who knowingly lie in a civil case, (Leviticus 5:20-26) and full retribution is required of those who testify falsely in a criminal case. (Deuteronomy 19:15-21). A judge’s acceptance of bribes is roundly condemned, “for bribes blind the clear sighted and upset the pleas of those who are in the right.” (Exodus 23:8 and Deuteronomy 16:19). Each person is to be judged for his or her own actions exclusively, (Deuteronomy 24:16), a principle assumed without question in modern Western societies but very much at odds with the practice of many societies in ancient, medieval, and even modern times, in which relatives were punished for the crimes of their family members. The Torah insists that neither rich nor poor may be favored: You shall not be partial in judgment: hear out low and high alike. Fear no man, for judgment is God’s.” (Deuteronomy 1:17; see also Exodus 23:2-3, 6) The alien, too, is to be treated fairly: “Decide justly between any man and a fellow Israelite or stranger.” (Deuteronomy 1:16). The rabbis of the Talmud and Middle Ages added many more procedural rules to ensure impartial treatment. For example, one litigant may not be required to stand while the other is sitting, both parties to the case must wear clothing of similar quality, judges must understand the languages spoken by the people before them, and people related to each other or to the litigants may not serve as witnesses, and neither may those engaged in illegal or immoral activities. (B. Shavuot 30a, T. Sanhedrin 6:2, B. Ketubbot 46a, and M.T. Laws of Courts 21, esp. pars. 1-2.) Through rules such as these, procedural justice is strengthened and made reality.

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DEUT857 Tzedek means justice, as in the famous verse, “Justice, justice shall you pursue” (Deuteronomy 16:20). The Torah's division of justice includes both procedural and substantive elements. That is, it demands that in court we ensure fairness by following specific procedures in judging people (“procedural justice”), and in society generally we must guarantee that there is a substantial safety net so that the poor, orphans, and widows get what they need to live, receive an education, and find a mate (“substantive justice”).

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DEUT853 More than a slogan, "Justice, justice you shall pursue" [this verse] is the overall guiding principle for Jewish ethics. On an individual level we are charged to go beyond simply being just; we must also be compassionate, going lifnim meshurat hadin, beyond the strict "letter of the law." An example is given in the Talmud of workers who broke a barrel of wine. Even though by halakhah the workers could have had their wages docked, they complained: "We are poor, and if you withhold our wages, we cannot eat." When the business owner consulted his rabbi, he was told, "Go and pay them [their full wages]. The owner asked, "Is that the law?" "It is indeed," the rabbi continued "[for we are enjoined to] Keep the path of the righteous." (B. Bava Batra 83a. The biblical verse is cited in Proverbs 2:20). The Jewish tradition thus envisions a world where in business as in all other areas of life, we act lifnim meshurat hadin, beyond the strict letter of the law, to create a world of peace, harmony, and compassion. (By Barry J. Leff, "Jewish Business Ethics")

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DEUT854 Perhaps the greatest contribution of Judaism to the study of criminal justice is the recognition that the pursuit of justice is difficult and ongoing. There are many explanations of the famous verse in the Torah, "Justice, justice shall you pursue." [this verse]. Why, the Rabbis ask, is the word "justice" repeated in that verse? One might say that the biblical admonition is an attempt to obtain justice both for the individual victim and for society. Others argue that the repetition emphasizes the difficulty in obtaining justice at all. Still others contend that many types of justice might apply in an individual case. In reality it might not be possible to articulate one clear standard of justice applicable to every case. What is important is its pursuit. Judaism's extensive laws reflect a dedication to a criminal justice system that serves the needs of the community while being fair to an offender. "Free choice" forms the fundamental basis for any criminal justice system--the free choice of the defendant to violate the laws and the free choice of society to seek vindication through fair treatment of the defendant. Both must be judged for their exercise for free choice by wisely chosen courts using fair procedures.(By Laurie L. Levenson, "Judaism and CriminalJustice"

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DEUT855 See [[DEUT9]] Deuteronomy 1:16 fairly SACKS 277-80

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DEUT850 In Hebrew, the word for charity is tzedaka. But "charity" is not a fully accurate translation of tzedaka. "Charity" derives from the Latin caritas and suggests a donation made out of affection or love. In contrast, tzedaka derives from the word tzedek, which means "justice" (see, for example, [this verse]). Judaism regards someone who gives tzedaka as acting justly, and one who does not as acting unjustly. Thus, in communities ruled according to Jewish law, as was common in the medieval world, communal leaders, believing that they had the right to stop people from acting unjustly, could and did require people to give tzedaka, just as governments compel citizens to pay taxes.

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DEUT856 See [[LEV770]] Leviticus 19:32 aged TELVOL2 402

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DEUT858 … a literal application of the law is often impossible and more often would result in an injustice ... [thus rejection of] the literal meaning of the Biblical text [may be required] so that the law may conform to the over-arching injunction of the Torah "Righteousness, righteousness shalt thou pursue" [this verse]. This seems, therefore, to be a perfect halakhic illustration of Dr. Max Kedushin's insightful observation that the fact that an ethical value is not specifically referred to in a given rabbinic passage is not to be interpreted to mean that it is not significantly embedded in the passage. Kadushin, Rabbinic Mind, pp. 51-2. Ethical values deeply rooted in the conscious and the subconscious of the people determine their actions and judgments even when not explicitly mentioned.

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DEUT859 (Continued from [[LEV594]] Leviticus 19:17 rebuke GREENBERG 75). Something of this quality of meddlesomeness inheres in the commandments regarding justice and peace. Most commandments of the Torah are to be fulfilled when the occasion naturally arises for their fulfillment. Righteousness and peace, however, are to be "pursued," that is, one is not to wait until the opportunity to do righteousness and to establish peace comes to him. "Righteousness, righteousness shall Thou pursue" [this verse]. "Turn from evil and do good. Seek peace and pursue it" (Psalm 34:15). And Job says, "I was a father to the needy; and the cause of him that I knew not I searched out" (Job 20:16).

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