Shoftim: The Justice of Teshuva

In Parshat Va’etchanan, which we read a few weeks ago, there is a rather strange short interlude in the narrative just before the repetition of the ten commandments, which describes how Moses established “cities of refuge” – places to where the accidental killer can flee and gain sanctuary. I have often wondered whether the placement of this text is entirely deliberate: the only one of the ten commandments of which Moses himself was actually guilty was lo tirtzach – thou shalt not murder – and after he killed the nameless Egyptian and buried him in the sand, he himself fled to Midian to seek refuge. Some may regard Moses’s violent act as heroic – indeed, it is often portrayed as such – but was Moses haunted by it for his entire life? Did he in some way equate, on the grounds of his belief in the pursuit of justice, his own deliberate killing with an accidental one? And did he, at this critical moment just before reiterating the ten commandments, seek compassion and understanding for his own transgression of one of the laws he was about to decree?

It may be that this week’s parsha – Shoftim – adds some fuel to this idea, as it refers once again to the cities of refuge, and includes the famous diktat tzedek tzedek tirdof (justice, justice, shall you pursue). Moreover, parshat shoftim is almost always read on the first Shabbat of the month of Elul – traditionally the period of reflection and repentance leading up to yamim noraim. Indeed, there is a beautiful Chassidic idea that draws a parallel between the cities of refuge and Elul – the former being a sanctuary in space for contemplation and atonement, the latter being a similar sanctuary in time. So at this very particular juncture in the Jewish year, the notions of a sanctuary in time, accidental wrongdoing, and the pursuit of justice coalesce in an intriguing and challenging way, and invite us to steady ourselves on the path to teshuva (repentance).

According to the Rambam, the pathway to a physical city of refuge is meant to be as clear as possible. In the Mishneh Torah, he writes that “the court is obligated to straighten the roads to the cities of refuge, to repair them and broaden them. They must remove all impediments and obstacles... bridges should be built [over all natural barriers] so as not to delay one who is fleeing [to a city of refuge]. ‘Refuge’ should be written at every crossroads so that the murderers should recognize the way and turn there.” The Chassidic parallel above perhaps leads to a similar conclusion about the temporal refuge that is Elul. Justice in this instance would be for us to clear and repair every possible route to allow those who have done wrong – whether accidentally or deliberately – to be given some respite and a little sanctuary in order to reflect on, and make amends for their actions. We would often like others to make it as easy as possible for us to apologise for our own misdemeanours; but are we making it as easy as possible for them to do likewise for theirs?

Elul is a signpost at a crossroads in our lives. Judaism gives us this brief window in the year to clear the pathways towards our own atonement, and that of others. Many of us live, as perhaps Moses did, under the various weights of misdemeanours committed long ago that were never resolved, and with a longstanding wish for compassion and understanding for that wrongdoing. Now is the time to clear away all the existing impediments and build all the necessary bridges towards achieving those resolutions. Doing so may just bring a little more justice to the world.


(Also available at www.limmud.org)