Shabbat Devarim

Written by Dr Helena Miller Wednesday, 18 July 2007

We all have to make difficult decisions and judgements, both at home and at work. Most big decisions are not easy ones to make. We know that the results and repercussions of our decisions can have an unwelcome and painful effect for others, certainly in the short term, and that big decisions rarely only affect the person making the decision. On the other hand, we cannot always just maintain a status quo, avoiding the challenges, avoiding the changes, that our decisions will trigger.

In this week’s sedra, which begins the fifth and final book of the Torah, the theme of making judgements and decisions is explored in some detail.  The Parashah begins a series of speeches by Moses to the Israelites. They are about to enter the land of Israel. Moses will die in Moab on Mount Nebo. He reminds the people that they will take possession of the land given to their forefathers. He recalls the time when he was unable to lead them by himself and God told him to appoint leaders to help him.

In Deuteronomy 1 16-17, Moses talks about the attributes of those he appoints to help him judge the people. He suggests three significant rules for making judgements: hear out those with conflicting views, do not show partiality, and fear no one when making a decision. 

In terms of hearing out those with conflicting views, in the Babylonian Talmud (Sanhedrin 7b) we are told that judges must be patient, even if the people explaining the story are long-winded or the case is tedious. Any of us who are teachers or parents and have listened to two children trying to explain the origins and reasons for a particular grievance, will have had their patience sorely tried in this way!

Second century Galilean, Rabbi Hanina, talks about impartiality when hearing a case – listening to both parties together, where both parties can confirm or correct the words of the other.  Rabbi Akiva teaches “Do not allow sentimentality in making judgements” (Mishnah Ketubot 9-2) and Hillel says “Do not judge another person until you have put yourself in his place (Avot 2-5). How many of us judge our friends and acquaintances without taking time to think about how we would behave in their situation?

The issue of fearing no one when making a decision: what does this mean? Should a judge make a decision that may cause anguish or even danger to him personally? To others? Maimonides says that it is the judge’s duty to make a judgement without any concern for wrongdoing or injury that may be caused to him as a result of his judgement. (Sefer Ha-Mitzvot no.276).

The emphasis on taking decisions and making judgements does not exist only for judges. These guidelines apply to all of us. Do we go for the easy option, even if we know that in absolute terms, we are not making the right decision, for ourselves? For others?

In the Babylonian Talmud (Sanhedrin 7a), we read “Whenever judges render a true decision, it is as if they had put right the whole world”. Sometimes, the effects of a “true” decision may not at first seem to put anything right. Sometimes we have to wait to see if our decision is right.

This week’s sedra is called Devarim, “words”. Judgement is about words, but it is also about listening, and it is also about considering how words will lead to consequences and action.  Words are very powerful. The words we speak can change situations in an instant. Moses’ speech unfolds in this sedra and goes on to talk about responsibility. Our responsibility is to be mindful of the words we use and to use them wisely, whether in judgement, decision making, or in light conversation.