In the Torah-based society, there are different categories of of leaders. Parshat Shoftim discusses judges who determine justice, officials who implement the rulings, and Kohanim serving as spiritual leaders and guides based in the Temple, the paradigm of spiritual leaders throughout the generations. The Torah continues to discuss the role of kings, levites, and prophets.

At the end of the Parsha, the Torah outlines the procedure if someone is found murdered outside the city, and the murderer is unknown. The judges and elders break the neck of a calf near a valley or brook, and make a statement along with the demonstration.

דברים כא:א

(ה) וְנִגְּשׁ֣וּ הַכֹּהֲנִים֮ בְּנֵ֣י לֵוִי֒ כִּ֣י בָ֗ם בָּחַ֞ר יְהֹוָ֤ה אֱלֹהֶ֙יךָ֙ לְשָׁ֣רְת֔וֹ וּלְבָרֵ֖ךְ בְּשֵׁ֣ם יְהֹוָ֑ה וְעַל־פִּיהֶ֥ם יִהְיֶ֖ה כׇּל־רִ֥יב וְכׇל־נָֽגַע׃ (ו) וְכֹ֗ל זִקְנֵי֙ הָעִ֣יר הַהִ֔וא הַקְּרֹבִ֖ים אֶל־הֶחָלָ֑ל יִרְחֲצוּ֙ אֶת־יְדֵיהֶ֔ם עַל־הָעֶגְלָ֖ה הָעֲרוּפָ֥ה בַנָּֽחַל׃ (ז) וְעָנ֖וּ וְאָמְר֑וּ יָדֵ֗ינוּ לֹ֤א [שָֽׁפְכוּ֙] (שפכה) אֶת־הַדָּ֣ם הַזֶּ֔ה וְעֵינֵ֖ינוּ לֹ֥א רָאֽוּ׃ (ח) כַּפֵּר֩ לְעַמְּךָ֨ יִשְׂרָאֵ֤ל אֲשֶׁר־פָּדִ֙יתָ֙ יְהֹוָ֔ה וְאַל־תִּתֵּן֙ דָּ֣ם נָקִ֔י בְּקֶ֖רֶב עַמְּךָ֣ יִשְׂרָאֵ֑ל וְנִכַּפֵּ֥ר לָהֶ֖ם הַדָּֽם׃ (ט) וְאַתָּ֗ה תְּבַעֵ֛ר הַדָּ֥ם הַנָּקִ֖י מִקִּרְבֶּ֑ךָ כִּֽי־תַעֲשֶׂ֥ה הַיָּשָׁ֖ר בְּעֵינֵ֥י יְהֹוָֽה׃

Devarim 21

5( And the kohanim, the sons of Levi, shall approach, for the Lord, your God, has chosen them to serve Him and to bless in the Name of the Lord, and by their mouth shall every controversy and every lesion be [judged]. 6( And all the elders of that city, who are the nearest to the corpse, shall wash their hands over the calf that was decapitated in the valley; 7( And they shall announce and say, "Our hands did not shed this blood, nor did our eyes see [this crime].“ 8("Atone for Your people Israel, whom You have redeemed, O Lord, and lay not [the guilt of] innocent blood among your people Israel." And [so] the blood shall be atoned for them. 9(And you shall abolish the [shedding of] innocent blood from among you, for you shall do what is proper in the eyes of the Lord.

It is an astounding procedure, according to the Rambam (Moreh III:40) and others designed to attract attention. But the specific statement made is noteworthy. Why are the Sages required to make such a statement that they did not murder this individual?

משנה סוטה ט:ו (כתב יד קאופמן)

[ו] זִקְנֵי אוֹתָהּ הָעִיר רוֹחֲצִין אֶת יְדֵיהֶן בַּמַּיִם בִּמְקוֹם עֲרִיפָתָהּ שֶׁלַּעֲגָלָה וְאוֹמְרִים: "יָדֵינוּ לֹא שָׁפְכֻה אֶת הַדָּם הַזֶּה וְעֵינֵינוּ לֹא רָאוּ." (דברים כ"א:ז') וְכִי עַל לִבֵּנוּ עָלַת, שֶׁזִּקְנֵי בֵית דִּין שׁוֹפְכֵי דָמִים הֵן? אֶלָּא שֶׁלֹּא בָא עַל יָדֵינוּ וּפְטַרְנוּהוּ, וְלֹא רְאִינוּהוּ וְהִנַּחְנוּהוּ. [ז] הַכֹּהֲנִים אוֹמְרִים: "כַּפֵּר לְעַמְּךָ יִשְׂרָאֵל אֲשֶׁר פָּדִיתָ יי, וְאַל תִּתֵּן דָּם נָקִי בְקֶרֶב עַמְּךָ יִשְׂרָאֵל" (דברים כ”א:ח'). לֹא הָיוּ צְרִיכִים לוֹמַר: "וְנִכַּפֵּר לָהֶם הַדָּם" (דברים כ"א:ח'), אֶלָּא רוּחַ הַקֹּדֶשׁ מְבַשְּׂרַתָּן: אֵמָתַי שֶׁתַּעֲשׂוּ כָכָה, הַדָּם נִתְכַּפֵּר לָכֶם.

Mishna Sotah 9:6

The Elders of that city would then wash their hands in water in the place of the breaking of the neck of the heifer, and they would recite: “Our hands did not spill this blood, nor did our eyes see” (Deuteronomy 21:7). The mishna explains: But did it enter our minds that the Elders of the court are spillers of blood, that they must make such a declaration? Rather, they mean to declare that the victim did not come to us and then we let him take his leave without food, and we did not see him and then leave him alone to depart without accompaniment. They therefore attest that they took care of all his needs and are not responsible for his death even indirectly. And the priests recite: “Forgive, Lord, Your people Israel, whom You have redeemed, and suffer not innocent blood to remain in the midst of Your people Israel” (Deuteronomy 21:8). They did not have to recite the conclusion of the verse: “And the blood shall be forgiven for them,” as this is not part of the priests’ statement, but rather the Divine Spirit informs them: When you shall do so, the blood is forgiven for you.

We see that the Torah holds its leaders to an incredible degree of responsibility. It’s not merely abstract, but the Mishna concretizes steps the leadership should have taken, providing provisions, accompanying the visitor beyond the city limits. It is not accusing the leaders of directly murdering the person, but rather it is highlighting specific errors of omission. Perhaps there is something that could have been done to prevent this tragedy.

Rabbi Joseph B. Soloveitchik - Joseph the Ruler

It is almost frightening how demanding the Torah is concerning the leadership that goes hand in hand with power. It is a responsibility that encompasses not only direct action but indirect-in fact, very removed action. Of course, the leader is responsible for all his actions. His judgment must be right; he must not accept bribes; he must act in accordance with the principles of justice and charity. However, he is also charged with responsibility for things and events that are, prima facie, very far removed from his concerns and interests. The people wielding power are the ones responsible for and guilty of the crime (Soloveitchik 2013, p.48)

The Rav describes the “frightening” degree of responsibility placed upon those in positions of power. It includes not only a leader’s direct actions, but indirect or apparently lack of action as well. Anything that occurs under their sphere of influence generates accountability. There is an implication in the placement of this subject at the end of Parshat Shoftim, a message to leaders in every generation. Rav Hirsch elaborates:

Rabbi Samson Raphael Hirsch

…Of all the values entrusted to the care of the whole community and its representatives, human life takes first place. The prosperity of the entire land depends on guarding the sanctity of human life. Here we are dealing with a case where a slain person is found lying in an open field under circumstances which constitute a downright mockery of the enforcers of the law, who are therefore required to justify their conduct in office.

In response to tragedy, the leaders are required to face the people and make a clear statement of their values. They must reaffirm the value human life, and assert that they have done everything in their power to guard its sanctity. But a lapse in this duty is also implied, and a prompt to do better in the future.

References

Maimonides, M., & Pines, S. (1978). The guide of the perplexed. Chicago: University of Chicago Press.

Rosenberg, A. (1980). A new English translation of the Hebrew Bible text and Rashi, with a commentary digest. New York: Judaica Press. Retrieved from: https://www.chabad.org/library/bible_cdo/

Schwartz, R. (2006). The Political Theology of Rabbi Nachum Eliezer Rabinovitch. The Torah U-madda Journal, 18, 1-32. Retrieved from: https://content.yutorah.org/viewer/2021/1053/1005707.pdf

Soloveitchik J. D. Shatz D. Wolowelsky J. B. & Ziegler R. (2013). Vision and Leadership: Reflections on Joseph and Moses. Published for Toras HoRav Foundation by KTAV Pub. House.

Steinsaltz, A., In Weinreb, T. H., In Schreier, J., & Hotsaat Koren (Jerusalem),. (2017). Koren Talmud Bavli, the Noe edition: Talmud Bavli. Retrieved from: https://shas.alhatorah.org/

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