צֶ֥דֶק צֶ֖דֶק תִּרְדֹּ֑ף: Righteousness, Righteousness, Shall You Pursue

 The repetition of the word “Tzedek” in this verse from Parshat Shoftim has been the subject of much discussion and commentary. Rabbi Simcha Bunim of Peshischa famously explained this verse to mean that righteousness must not only be an ends, it must also be the means. We may not utilize unjust methods, even in the interests of a just cause. Many people focus exclusively on outcomes and the “bottom line”. However this is not a correct approach to life. Ethical living mandates that we consider the process and not just the outcome. Rabbi Chami Shmulewitz learns this lesson from the episode in Parshat Shemini. Moshe at first criticized Aharon in his role as Kohen Gadol for burning a sacrifice against Moshe’s instructions. Aharon countered that perhaps Moshe had misunderstood the Divine commandment. Ultimately Moshe admits that he had made a mistake; Moshe was wrong and Aharon was right. Rabbi Shmulewitz notes that Moshe was faced with a dilemma. If Moshe admitted that he had a mistake, it could jeopardize people’s belief in the veracity and authenticity of the entire Torah. If Moshe admitted making a mistake, people could ask: What else did Moshe forget? In what other ways did Moshe corrupt the Divine commandments? From this perspective we could understand why Moshe might gloss over his mistake, or even argue that he made no mistake at all. Instead Moshe understood that his only responsibility was to tell the truth; even if it put him in a negative light, even if it could jeopardize the way people viewed Torah more generally.

The Talmud teaches that in a capital case, if all 71 judges of the Sanhedrin find the defendant guilty, then the defendant is let go. The rationale is that the cross-examination of eye witnesses for a capital case was so meticulous that there was bound to be a discrepancy between the testimonies of the two witnesses, and this discrepancy would be grounds for an acquittal. (This is another reason why the death penalty was considered exceedingly rare by the Talmud). If the testimonies were exactly the same such as all 71 judges voted guilty, then that would be considered suspicious enough to acquit as well. What happens if a capital case comes before the Sanhedrin. The first 70 judges declare the defendant guilty. The 71^st judge also thinks that the defendant is guilty. If the last judge votes guilty- then the defendant will go free. If the 71^st judge votes not guilty- then the defendant will receive capital punishment (as the last judge believes the defendant deserves), but in order to receive that punishment, the last judge has to lie and say “non guilty” so that the Sanhedrin’s decision is not unanimous. The Ohr Hachayim says that the 71^st judge must vote his opinion and say “not guilty” even though the outcome of his saying the truth will be the opposite of what he wants for the defendant. The Ohr Hachaim explains that this is an example of pursuing righteousness in a righteous fashion.  A person is obligate to speak the truth as s/he sees it, rather than considering the outcomes or results. The process lies in human hands. Results are up to God. Let’s make sure that we pursue our goals in a righteous fashion.