29 March 2018

Law and Justice: A Teaching for Passover

Written by Rabbi Brian Stoller

As we prepare to celebrate the Exodus from Egypt at Passover this Friday night, now is a time of year when we Jews think about the meaning of freedom, justice, law, and responsibility. Last week at the annual gathering of the Central Conference of American Rabbis (CCAR), I had the honor of opening the convention with a teaching on these issues, and I’d like to share that teaching with you: 

The eleventh blessing of the weekday Amidah is a prayer for judges and the justice system. It says:

Pour Your spirit upon the rulers of all lands;
guide them that they may govern justly.
O may You alone rule over us in steadfast love and compassion.
Barukh atah Adonai, ohev tzedakah u’mishpat
Blessed are You Adonai, who loves righteousness and justice.

Why does this prayer conclude by mentioning both tzedakah  and mishpat? Since it’s about judges and governance, wouldn’t it have been sufficient for it to say: “Blessed are You Adonai, who loves justice”? What does tzedakah have to do with the law?

This pairing of mishpat (justice/law) and tzedakah (righteousness) in relation to the justice system goes all the way back to the Tanakh – and our ancient Sages found it perplexing. They say in the Talmud: “Surely, where there is mishpat there is no tzedakah, and where there is tzedakah, there is no mishpat!” In other words, these two concepts would seem on their face to be mutually exclusive: Law is law, and righteousness is righteousness – and the one has nothing to do with the other.

In resolving this difficulty, our Sages discover a new concept of justice – “a synthesis of opposites,” as Rabbi Joseph Soloveitchik puts it – and this new concept would inform Jewish jurisprudence from that point forward. They call it: Mishpat she-yesh bo tzedakah – law that incorporates righteousness.

Rabbi Soloveitchik says that, in Jewish thought, mishpat and tzedakah – law and righteousness – are not mutually exclusive. Rather, he says, they are “two sides of the same coin.” 

Mishpat (justice/law) refers to the rules, and the principles, and the processes that are written in law books and constitutions. These rules and principles are the backbone of the justice system. By necessity, they are formal and formulaic, and they are designed to be applied uniformly to everyone.

In mishpat, justice is blind.

But when it comes to real life, justice cannot be completely blind. It can’t be blind to the particular circumstances in which people exist and act, or the nuances and vagaries of practical living. And that’s where tzedakah comes in. 

Tzedakah is the empathic, compassionate, human dimension of justice. It’s found not in books, but in life.  It’s about real people, living day to day. It’s about listening to their stories, and empathizing with them. 

It’s about understanding that life is messy and complicated, and that, sometimes, mechanically reading the text without also considering the context – and applying the rules without also considering what is right – may produce lawful outcomes, but not always just outcomes.

As Soloveitchik puts it: “Law that lacks tzedakah, that does not draw from the wellsprings of feelings and tenderness, of heartfelt ways of pleasantness and inner kindliness, that is confined by its boundaries and does not break through its borders to go beyond what the law requires – such law is absolute wickedness.”

The antidote to such wickedness is Mishpat she-yesh bo tzedakah – law that incorporates righteousness.  This, in our tradition, is the meaning of true justice.

Barukh atah Adonai, ohev tzedakah u’mishpat.
Blessed are You, Adonai, who loves righteousness and justice.

Chag Sameach!




About the Author

Rabbi Brian Stoller

Rabbi Brian Stoller

Rabbi Stoller - Senior Rabbi

Rabbi A. Brian Stoller joined Temple Israel as Senior Rabbi in 2017. He is a friendly, patient, and welcoming presence known for greeting people warmly, remembering our names, and just being himself. He is also an energetic, knowledgable, and passionate teacher who challenges us intellectually and guides us in mining Judaism’s sacred texts for insights that will help us navigate the unique circumstances of our own lives. As a prayer leader, he strives to pray not on behalf ofhis congregants, but with us, so that together we can rise toward the heavens. Most importantly, he is a caring and devoted relationship-builder who genuinely enjoys people and wants to be our friend. As Rabbi Stoller has said, “I just go out there and try to be myself because I believe that, in the end, all of us are seeking the same thing: to feel loved, to find meaning and purpose in life, and to be embraced by people who genuinely care. In my view, a synagogue’s mission is to create this kind of community for its members. All the rest, as they say, is commentary.”

Following the dictum that “the teacher of Torah must be a student of Torah throughout his life,” Rabbi Stoller is currently pursuing a doctorate in halakhah (Jewish law) and has published a number of essays on Jewish law, practice, and theology. He is an active member of the Central Conference of American Rabbis (CCAR), serving on the Responsa Committee, the annual convention planning team, and the editorial board of the CCAR Journal. Rabbi Stoller received his ordination from Hebrew Union College-Jewish Institute of Religion’s Cincinnati campus in 2008, and served as Associate Rabbi of Congregation BJBE in Deerfield, IL from 2008-2017. He grew up in Houston, TX (Congregation Emanu El), and earned a degree in Honors Business and Finance from the University of Texas at Austin in 1996.

Before entering rabbinic school, Rabbi Stoller spent seven years in professional politics, working on campaigns in Texas, Colorado, and Illinois, and serving as Press Secretary to then-U.S. Senator Peter Fitzgerald (IL) in Washington, DC from 1999-2003. After seeing the Pentagon burn from his office window on September 11, 2001 and learning of a childhood friend’s death from brain cancer a year later, Brian knew the time had come to follow his deeply-held desire to become a rabbi. “It was then that I finally understood: life is fragile; we do not know how long we are going to be here,” he has said. “For several years, I had been too fearful, too anxious about change to pursue what I knew in my heart I wanted to do with my life, but now I was ready to go for it. Aside from marrying Karen and starting a family, it was the best decision I have ever made.”

Rabbi Stoller is proud to be part of Temple Israel, which he describes as “a warm, friendly, welcoming, close-knit congregation, with the vision and the courage to change our community and our world for the better.” He lives in Omaha with his wife Karen and his two children, Lindsay and Zachary. In his free time, Rabbi Stoller enjoys reading classical Jewish texts (yes, really!), cycling, and re-watching episodes of “Curb Your Enthusiasm.”

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