The Tree In Me

or The Connection Between Appointing Honest Judges and Not Planting Trees for Idolatry

Parshat Shoftim

by Rabbi Avi Billet

At the beginning of Parshat Behar, when the Torah describes the laws studied at Mt. Sinai, Rashi asks a question that is well-known by those who study Rashi’s commentary: What does the topic of Shmittah (resting the land on the seventh year) have to do with Sinai? This question is utilized in almost equivalent usage as “what does this have to do with the price of tea in China?”, meaning what do two unrelated topics mentioned near each other have to do with one another?

 We can ask the same question at the beginning of our Parsha. We are first told that judges and officers need to be placed at the gates of cities, and that they should be upright and honest men who do not take bribes. Immediately after this, we are told, “Do not plan an asheirah or any tree near the altar of God.” (16:21) An asheirah is usually defined as a tree that is worshipped in some kind of idolatrous practice, but Rashbam says in this context it refers to any kind of tree, and Rashi adds that a building is also forbidden to be erected near the altar.

 What does the asheirah tree have to do with appointing honest judges?

 In Sanhedrin 7b, Resh Lakish describes anyone who appoints an unfit judge as being just as guilty as if he planted an asheirah tree. The Midrash Aggadah repeats this teaching without attribution. Some of the commentaries on this verse echo Resh Lakish, noting, for example, that the numerical value (gematria) of “asheirah” (506) is the same as “dayan she’eno hagun” (an unfit judge), which indicates that appointing an unfit judge is like planting an asheirah tree, because the judges sat near the mizbeach (Baal Haturim). Targum Yonatan removes the hints and says rather straightforwardly, “Just as you are not permitted to plant an asheirah next to the Mizbeach of God, so too you are not allowed to match a foolish man to dictate the law along with wise judges.”

 The Alshikh makes the parallel a little more poetic, as he gives us an image which we can understand. Just as a planted tree grows and becomes more beautiful and impressive over time, even though the asheirah is either for idolatry or is simply planted in the wrong place, a bad and unfit judge starts off with small iniquities, and becomes increasingly corrupt as well as entrenched in his position over time. Similarly, Maimonides (laws of Sanhedrin 3:8) describes how easy it is to justify hiring a bad judge based on his social skills, his strength, nepotism, his knowledge of languages, etc. and not based on the proper criteria, such as his knowing the law. We similarly might admire a tree, not knowing whether it is a tree used for idolatry.

 It is notable that the warning in the Torah for how a judge should not behave, as well as the warning in the Torah against planting an asheirah, sound the same. The word in question is spelled differently, but to the ear, it can be confused due to the similarity of sound: “Lo tateh” means do not bend judgment, “Lo titah” means do not plant.

 The Kli Yakar notes (quoting a Midrash) that all of the warnings at the beginning of our parsha, were engraved in the steps leading up to King Solomon’s throne. Don’t bend, don’t show favor, don’t take bribes, don’t plant, don’t erect (a monument), and don’t offer (a blemished animal). The connection to Solomon was that all of these rules applied to whomever was serving as a judge.

 Kli Yakar explains the many parallels between judges and the rules that follow it, about planting trees and erecting monuments. For example, a judge should not stand alone like a monument, but should be one of many “stones” in a Sanhedrin, just as there are many stones that make up a mizbeach. This makes it easier to be just, and to avoid bribes.

 In 20:19 we are reminded that a person is, in some ways, compared to a tree. In one of the last mishnayot in Avot 3, Rabbi Elazar ben Azarya teaches how a person whose deeds are greater than his wisdom is compared to a tree with very strong roots who can’t be toppled over by even the strongest of winds.

 We have a challenge to take the tree metaphor and apply it to our lives in the best of ways. To make sure our roots are strong, that our foundation isn’t flawed, and that we are planting ourselves in the right places to allow for the best spiritual growth we can achieve.

 The further we spread our branches and leaves, the harder it becomes to nourish the outer limits of our reach. But if we maintain the connection to our roots and to our source, we can continue to grow, stronger and taller, as the canopy we create becomes a source of nourishment, shade, comfort, and inspiration to ourselves, our families, and those we care about most.