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Why establish courts in every small city when Torah (תורה) law makes conviction nearly impossible without proper warning? The judicial system's true purpose is not catching criminals but creating omnipresent awareness of divine law through learned judges. This transforms society from fear-based compliance to genuine recognition that wrongdoing violates our relationship with God.
This shiur examines Parshas Shoftim's opening verses about establishing judges and officers in every city, questioning the connection to the preceding laws of Sukkos (סוכות) and the practical feasibility of such an extensive court system. The speaker begins by noting the unusual juxtaposition - why does the parsha of judges begin under the chapter heading of Sukkos, and why is such an elaborate court system needed in every city of 120+ people when enforcement seems nearly impossible given Torah (תורה) law's strict requirements for conviction? The fundamental question emerges: how can a legal system work when any criminal can easily avoid conviction by simply not accepting proper warning (hasra'ah) or waiting a few seconds after the warning? The answer comes through a Midrash about ants who instinctively respect each other's property without judges or enforcement. This leads to the key insight: the Torah's judicial system is not primarily designed to catch and punish criminals, but rather to create an omnipresent atmosphere of respect for divine law. The constant presence of learned, righteous judges throughout society serves as a reminder that theft, murder, and other crimes are fundamentally wrong - not because one might get caught, but because they violate God's will.
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Parshas Shoftim (Devarim 16:18-20)
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