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Why does the Torah (תורה) say 'veshoftu' (they shall judge) for both shoftim and shotrim, when shotrim don't judge but enforce? Rashi (רש"י) reveals that enforcement is actually part of the judicial process itself. A judgment remains incomplete until the defendant accepts it, making the shoter's role the final stage of judicial decision-making rather than a separate function.
The shiur opens with a detailed analysis of Rashi (רש"י)'s commentary on the beginning of Parshas Shoftim, specifically examining his definition of shotrim (enforcers). Rabbi Zweig notes that Rashi provides a more comprehensive definition here than he did earlier in Parshas Devarim, adding the crucial phrase "ad shekabbal lo din hashoftim" (until he accepts the judgment of the judges). This expanded definition raises a fundamental question about Rashi's methodology - why would he give a partial definition initially and a more complete one later? The core difficulty lies in the Torah (תורה)'s language regarding the appointment of judges and enforcers. The verse states "shoftim veshotrim titnah lcha" (judges and enforcers you shall appoint) but then uses only one verb: "veshoftu es ha'am" (they shall judge the people). Logic would dictate that since there are two distinct roles mentioned - judging and enforcing - there should be two corresponding verbs: "veshoftu" for the judges and "veshitru" for the enforcers.
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Parshas Shoftim 16:18
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