We often think of judges as these impartial figures, robed and removed, but Jewish tradition delves into the nitty-gritty of who sits on the beth din (court of law) and what makes their judgments valid. to a passage from Sifrei Devarim, specifically section 153. It begins with the phrase, "to the Cohanim, the Levites." Now, these are specific groups within the Jewish people, the priestly class and their assistants, respectively. The text tells us, intriguingly, that it's a mitzvah – a commandment, a good deed – that there be Cohanim and Levites in the beth din. Okay, makes sense. We want learned, religiously-grounded individuals helping to interpret the law.
But then comes the twist. What happens if there aren't any Cohanim or Levites available? Does that invalidate the whole court? That's the question the text anticipates. And the answer? "…it is, therefore, written 'and to the judge': Though there be no Cohanim or Levites, it is a bona fide beth-din." Whew! So, while their presence is ideal, it's not absolutely essential. The presence of a qualified judge is what truly matters.
This brings us to the next phrase: "and to the judge that shall be in those days." This seems straightforward enough. You go to the judge who's actually there, the one currently serving. I mean, who would seek out a judge who isn't even around? But the rabbis of old weren't ones to take things at face value. They delved deeper.
One interpretation offered is that this phrase refers to a judge who was related to someone involved in the case, perhaps by marriage, but that relationship has since been dissolved. Because that previous relationship is now ended, he is now eligible to judge the case in "those days" after the dissolution. Interesting. It’s about ensuring fairness and avoiding conflicts of interest.
But there’s another, even more profound understanding. It pushes back against the idea of romanticizing the past. "Do not say (I must have a judge) like Moses and Aaron, but (go to) 'the judge that shall be in those days.'" Don’t pine for the "good old days" and insist that only judges of a past era are worthy.
This idea is reinforced by a quote from Kohelet (Ecclesiastes) 7:10: "Do not say: 'What has happened that the earlier days were better than these?' For it is not from wisdom that you ask this." The past might seem glorious, but each generation faces its own unique challenges and requires its own leaders and interpreters of the law. We can't expect to find another Moses or Aaron. We need to trust in the wisdom and judgment of those who are present now.
What a powerful message! It's easy to fall into the trap of thinking things were always better "back then." This passage from Sifrei Devarim reminds us that wisdom resides in recognizing the value and expertise of those who are here, in our time, grappling with our issues. It encourages us to engage with the present, to trust in the capabilities of our contemporaries, and to find meaning and justice in "these days."
So, the next time you find yourself longing for a bygone era, remember the words of Sifrei Devarim: Look to "the judge that shall be in those days." The wisdom you seek might be closer than you think.