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Rabbi Chaim Brovender Parshat Shoftim
Rabbi Chaim Brovender

Let us learn a posuk with Rashi

"According to the teachings of the Torah, and according to the mishpat that they will direct you, you shall do; you shall not turn from the words that they tell you, neither right nor left". (Chapter 17 verse 11)

The second half of the verse is a directive to listen to the decisions of the court, and not to deviate. The words "right and "left" indicate that you should follow exactly as you are instructed.

Rashi on this verse changes the thrust of the words and conjures up a new notion.

"Even if he says about the "right" that it is "left", and about the "left" that it is right", (that you should listen); how much more so when he says about the "right" that is right, and about the "left" that is left.

According to Rashi the use of the words "right" and "left" in the verse are tantamount to saying "right" and "wrong". The verse directs us to listen to the words of the court even if they are giving an incorrect directive and are confusing the right way with an obviously wrong way.

Recent history has brought us into conflict about the limits of halachic authority, and our relationship to the notion of "right" and "left". The Torah teaches (Rashi) that the halachic authority (in certain cases) cannot be judged. Even if I am certain that it is mistaken; that is to say that by some system of analysis the result might be different, the fact that the court accepts the obligation to protect the Torah, and is charged with teaching the people, gives them a special measure of authority that exceeds even alternate analysis. "Right" and "left" are totally at odds with one another, and cannot be compromised. Even in this situation we are directed to listen to the ruling of the court and accept the yoke of Torah.

It is important to remember the words of the Ran, in his Derashot Haran (derash 11) who posited the following thesis. In fact, Heaven agrees with the determination of the court, and that is what the establishing of the court in our world means. This court has the authority to create the Torah position according to its understanding of the prior demands of the given Torah. For the Ran it is obvious that the Torah can relate itself to the questions of the time, but in this regard we have to understand that there is a structure which ends with the decision of the court. "Right" and "left" are the imaginings of those who have not accepted responsibility. For the court, established by the Torah itself there is only the truth of the Torah.

Gut shabbos,
Chaim Brovender

 

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