On the Blindness of Justice and Morality

Parshat Shoftim

by Rabbi Avi Billet

On July 25, Brett Stevens (not to be confused with Bret Stephens) wrote on amerika.org that the Israel-Hamas conflict shows the true nature of liberalism. 

 Some of his points suggested that liberalism focuses on appearance and nothing more, arguing for the moral high ground. However, he contends, that supporting the weaker party in a struggle does not automatically translate to being in that moral high ground. Supporting a militarily weaker group whose ideology is irrational, destructive, and murder-focused does not bode well for those who claim morals drive them.

 In Stevens’ view, “Conservatism thinks about results, so it picks the action which will bring best results. Liberals think about appearances, and so choose whatever option makes them look good, and then ignore the consequences [until after] disaster unfolds.”

 His conclusion: “[W]e have people out of their heads on the drug of artificially boosted self-esteem that liberalism provides, cheering for the genocide of the group that the last world war was fought in part to protect.”

 Political ideologies aside, in light of the opening of our parsha, Mr. Stevens couldn’t be more correct. The Torah tells us, “Do not bend justice and do not give special consideration [to anyone]. Do not take bribes, since bribery makes the wise blind and perverts the words of the righteous.” (16:19) With reference to inter-human dealings, the Torah, from which only truth emerges, couldn’t come up with a truer insight into human nature.

 It’s not that the liberal media (i.e. The New York Times) takes bribes. Nor is it the case that all of the protestors in San Francisco, Los Angeles, Boston, and all over Europe are taking bribes.

 But they have been made blind because, as Dennis Prager has put it, were the two sides of the conflict described as neutral parties – group A and group B – every sensible person in the world would side with the group that describes Israel’s perspective. However, since one of these groups is called “Israel,” a word which triggers the most irrational form of judgment, it is automatically painted as the guilty party by bigots and anti-Semites who refuse to acknowledge their bigotry and anti-Semitic natures. We have all seen videos of protests, with horrific small-scale or larger-scale violence, profanity, despicable name-calling (“Nazis,” “baby killers”) aimed at those who present Israel’s rights to live peacefully, and to defend itself when attacked by rockets and terrorists (excuse me, “freedom fighters.”)

 Before he was President, John Adams defended the British soldiers who had fired on civilians at the so-called “Boston Massacre.” Adams won the case. Did it matter that the soldiers were trained fighters, better armed, and in a place where some (ignorants) might have called them “occupiers?” No! Because justice is supposed to be blind. And the judges who judge cannot be blinded by greed. The soldiers in that case had been provoked and were fearful for their lives. They fired in self-defense. And just because someone dies in a shooting does not mean the dead was the innocent party.

Even President Obama, whose support for Israel is suspect, declared years ago that "If somebody was sending rockets into my house where my two daughters sleep at night, I'm going to do everything in my power to stop that. And I would expect Israelis to do the same thing." I think he has less of a problem with Israeli shooting down missiles (which is why he supports Iron Dome), and much more of a problem with Israel actually attacking the source of the missiles. Stop the rockets once they’re mid-air, yes. But don't allow them to be shot from the ground, because if you attack the rocket-launcher, people will die. Sigh.

 Targum Yonatan explains what bribes do to judges: “It causes utter stupidity to happen upon them.” It doesn’t matter if the person is judging correctly in the case, or judging incorrectly. The judge who takes a bribe becomes blind to realities and justifies things that are unjustifiable.

 And so it is with those who judge with pre-conceived notions. Those who believe that Jews whose “genocide the last world war was fought to prevent” (as Stevens put it - though that was really an outcome and not purpose for fighting - FDR was no tzaddik -) are the bad guys are buying into the oldest bribe in the world, the worst stereotype to plague the history of humanity, that the evils of the world are the fault of the Jews.

 The Ro”sh on this verse puts it rather succinctly: “Bribery (however defined) causes the judge to become evil,” for not seeing the case for the sides it truly presents. When it comes to defense and preservation of self, John Adams got it right. If the soldiers who were threatened and who caused the deaths of “civilians” in self-defense could be acquitted, a Jewish State which defends itself (while suffering deaths of civilians, including children) and causes the unfortunate death of civilians in the process is completely in the right.

 Those who see it otherwise, don’t understand what Steve Wozniak, co-founder of Apple, had to say in his recent visit to Israel. “Had a good time visiting Jerusalem and Gaza Strip today. If Israel did not react, the rockets would continue anyway. If Hamas halted rockets, Israel would not attack them. Peace.”

 When the world ceases to be morally blind (instead of taking the liberal “moral highground), and will judge a case based on merits without pre-conceived notions, maybe there will be Peace indeed.