t the start of this week’s parshah, the Torah informs us of the rules and regulations involved in setting up a proper judicial system. The first verse of the portion writes: “Judges and officers shall you appoint in all your cities…” [Deuteronomy: 16:18] Rashi (Rabbi Shlomo Yitzhaqi, 1040 - 1105, famed as the author of the first comprehensive commentary on the Torah) distinguishes between “Judges” and “Officers“. “Judges” are the ones who perform the proper judgements and decide the various outcomes in court. “Officers” are the ones who enforce the law (even if physical force is necessary), ensuring that the guilty litigant fulfills the judgement that has been declared upon him.
The rest of the parshah deals with a lot of different laws and cases, which seem to fit in with the appointing of judges and how they are to rule in different cases. But the parshah barely returns to the duty of the officers. Only near the end of the parshah do we again read about the officers, but in a seemingly strange way. The Torah tells us the following:
“When you go out to the battle against your enemy…you shall not fear them, for Hashem your God is with you…let your heart not be faint, don’t be afraid, do not panic…Then the officers shall speak to the people saying ‘…Who is the man who is fearful and fainthearted? Let him go and return to his house…’ ” [Deuteronomy: 20: 1 - 8 ]
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