Mishpatim 5780

Can justice ever be truly blind? Is equality before the law truly achievable? Is it but a pipe dream to expect those in power to refrain from seeking and acquiring privileged treatment? Is it realistic to disregard the capacity of wealth or power to corrupt even in the most idealistic society?

This week's Torah portion Mishpatim (Laws) defines and articulates our responsibilities to one another. Thus, should my ox gore yours, I am responsible for all damages incurred. It's a logical and essential element of fairness that doesn't depend on whose ox is being gored. Yet the Talmud despite its emphasis upon fairness and justice includes the problematic teaching that when the ox of a Jew gores that of a Gentile, he is not responsible, on the other hand, a Gentile is responsible should his ox gore that of a Jew. In this instance it depends on whose ox has been gored.

This disturbing law undoubtedly reflected the era when Jews and Gentiles lived in separate or segregated communities, each with its own legal system that protected its own oxen. Jews were undoubtedly discriminated in Gentile courts, and in an understandable quid pro quo, Gentiles were discriminated in Jewish ones.

Legal systems, obviously, do not exist in a vacuum; they reflect the values and the realities of their communities. We are fortunate that in our day Jews and Gentiles live in a shared democratic society, governed by the Constitution and the principle that all men are equal and thus entitled to equality before the law. In 1776 a "man" was a white male Protestant property owner. They were the full citizens of the newborn country.

Since the 1776 composition of the inspiring preamble to the Declaration of Independence, the definition of "man" in America has slowly been expanded to include citizens of all religions, rich and poor, people of color and, of course, gender. Our judicial system reflects these shifts and continues to uphold the principle of equality with no individual being above the law. At its best our system makes no distinction as to whose ox has been gored. Sadly however, this basic principle is now openly and brazenly challenged by powerful forces determined to protect their friends, relatives and deputies by thwarting and negating judicial decisions.

To quote Winston Churchill, "Democracy is a poor form of government yet is the best yet devised by man." Its strength is in the mutual acceptance of equality before the law and challenging decisions based upon whose ox has been gored. Remaining blasé about the seriousness of this crisis compromises the cherished democratic ideal that no one regardless of wealth, power or station in life is above the law.

These arbitrary resorts to power will not disappear overnight, and the question is the extent to which our concern of this issue will be a significant factor as we cast our ballots this November.

From the holy city of Jerusalem my best wishes for a Shabbat Shalom u'Mevorach, a Shabbat of peace and of blessing.

Rabbi Arnold M. Goodman
Senior Rabbinic Scholar