Shofetim: Two Models of Virtue

Parashat Shofetim begins with the command to appoint “shofetim ve-shoterim” – judges and law enforcers – throughout Eretz Yisrael (“in all your gates”).

There is a fundamental difference between the work done by the shofetim and that of the shoterim.  The judges’ responsibility is to establish the law, to determine what’s permissible, what’s forbidden, which litigant is correct and which is wrong.  This work necessitates exploring all angles of every case or question, and evaluating the merits and flaws of all sides of the argument.  Judges must keep an open mind in order to satisfactorily perform their duties.  This is precisely their job – to honestly and objectively consider all possibilities without preconceived bias or prejudice, and then conclude upon the possibility which appears to them the most compelling.  The shoterim, by contrast, must act with focus determination to enforce the final conclusion.  Consideration of other possibilities will only hamper their efforts by diluting their conviction.  When it comes to enforcement, the commitment to the final law must be complete and absolute.  And thus while the shofetim must be open-minded and objective, the shoterim must work with exclusive focus on the bottom-line law which they are responsible for enforcing.

In life we often face this tension between shofetim and shoterim, between objective, open-minded deliberation and decisive, determined action.  On the one hand, decisions must be reached in the manner of shofetim – patiently, carefully, and only after honestly considering and assessing the full range of possibilities.  Rash and impulsive decision-making can result in disastrous consequences that could have been avoided had the issue been first thoroughly examined.  But on the other hand, deliberation can compromise our conviction and determination when acting upon the final decision.  If we are too mindful of alternate possibilities, we will fail to invest the necessary thought and vigor in implementing our decisions and taking the chosen course of action.

“Shofetim ve-shoterim titein lekha be-khol she’arekha.”  We are to be open-minded in reaching our decisions, but focused and determined in executing them.  We are to weigh our options with the patience and impartiality of a shofet, but act with the rigor and determination of a shoter. In this and so many other forms of discipline, we discover our uniqueness among God's creatures as human beings, and the accountability that comes with the gift of wise discermment.

(with thanks to Rabbi David Silverberg)