Usually the case is that the judge looks at a rich guy on trial and
says to himself, "He's rich and influential. If I don't rule in his behalf, I'm in
trouble."
That's totally forbidden in the Jewish law. That's not justice.
THE SANHEDRIN
Another example:
2,000 years ago,
when the Jewish people governed their own state, it was not a pure monarchy or theocracy.
It was a very sophisticated government system with checks and balances and division of
powers. You had a king (the executive branch); you had a high priest [Cohen Gadol] (the
religious branch); and you had the Sanhedrin (the judicial branch). There was no need for
a legislative branch because all the law was in the Torah. The chief authority to
interpret the law, the real power in the Jewish state, rested in the hands of the
Sanhedrin -- the Jewish Supreme Court which was composed of 70 Judges.
One of the requirements for a member of the Sanhedrin was to be a parent. Why?
Because the Sanhedrin could rule on capital cases, and the Torah says that only someone
who has children really understands the concept of mercy. Every human being is someone's
child, and being a parent gives you that sensitivity. A Judge also had to possess an
encyclopedic knowledge of everything, especially Torah. And finally, the Judge had to have
incredible integrity and honesty beyond question. Besides those qualifications, the
position was open to everyone, regardless of their status.
THE JEWISH CONCEPT OF A RULER
Lets look at
Jewish equality in action. An excellent example is the institution of monarchy. Today we
don't appreciate the power of a monarch, because royalty nowadays is more symbolic than
actually powerful. But kings and queens of antiquity were incredibly powerful people. They
were often viewed as gods or demi-gods. They were completely above the law. As despotic
and alien as this concept seems to us, it was a reality in many parts of the world.
The concept of kingship in Judaism differs markedly from any idea of monarchy in
antiquity. True, the Jewish king had privileges and powers,
the Jewish king had
privileges and powers, but more than anything, the position came with an awesome
responsibility. The king represented the ideal Jew, and acted as the role model for the
rest of the nation. In Judaism, every person is supposed to write a Torah
scroll. Why?
Because if you write it, you'll remember it. The king was commanded to write a second
Torah scroll, a small one, and wear it on his arm where ever he went. Why?
The Torah states:
"And when the king sits on the throne of his kingdom he will write a copy of the
Torah and it will be with him and he will read from it all the days of his life. So he
will learn to fear the Lord his G-d and keep all the words of his Torah and do its
statutes."
More than anyone else, the king has to know that there is a power above him, there is a
King of Kings, a G-d whose laws everyone must obey. The king was not "above" the
law. Rather, he was charged with exemplifying it.
An excellent real-life example of this system in action is the interaction of Hillel
and Shammai. These two great rabbis of 2,000 years ago, constantly mentioned in the
Talmud, argued opposing positions on many legal issues. Hillel was one of the poorest
Jews, Shammai one of the richest. But you never hear Shammai saying to Hillel, "Ah,
Hillel, who was your father? How much land does he own? Shut up or I'll have you
killed!" When they disagree in the Talmud their arguments stand or fall based solely
on the power of their reasoning. What a contrast with the rest of the world! Can you
imagine what human history would be like if the ability to rule were based on integrity
and competence as opposed to wealth and connections? Do we have any doubt that the world
would be a very different place?
So we see that the concept of justice and equality before the law is
very much a reality in Judaism.
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