One of the most delightful parts of being a parent has been studying parts of the Mishnah with each of my children. With my older kids, who are now both in college, it has been a little while. But my youngest is still at home, and our synagogue recently began a new collective project to study two mishnayot (individual teachings) per day, with the goal of completing the entire Mishnah in five years. If we stick to it, Toby and I will finish before he graduates high school. In the meantime, the shul is incentivizing teenagers with the lure of a gift card for each tractate we finish. That was enough to whet his appetite.
I was on the road a couple of nights this week, but Toby and I Facetimed for 15 minutes each evening to study the tractate of Rosh Hashanah together. While the later chapters discuss the shofar (as one would expect), the opening chapters focus on the mitzvah of kiddush hahodesh, the sanctification of the new moon. In ancient times, the Jewish calendar—which remember, is lunar—depended on the monthly declaration of the new moon by the Sanhedrin, the rabbinic high court. In order for the court to proclaim the date of the new moon—and thereby establish the dates for the holidays and festivals, which had a significant effect on individual and communal life—the court had to receive testimony from two witnesses who saw the new moon. The opening chapters of Rosh Hashanah deal with the whole procedure.
The first teaching of the second chapter reads as follows:
Initially, the court would accept testimony from anyone. But when the Boethusians corrupted the process, the Sages instituted that they would accept testimony only from those they knew to be valid.
The Boethusians were one of the groups that opposed the Rabbis. Much of their disagreement centered on the notion of the Oral Law, the set of customs and interpretive traditions that particularly distinguished Rabbinic Judaism. In several places the Talmud (which was, of course, written by the Rabbis) relates stories of these disputes: Over the proper dating of Shavuot, for example, or over the way the High Priest was supposed to perform the rituals of Yom Kippur. This results in an emotional scene in Tractate Yoma, when the Rabbis make admonishing the High Priest part of the regular part of his preparation: the text relates that everyone cried at this, presumably because of the breakdown in trust that it represented.
Toby and I caught a whiff of that sad sensibility in this Mishnah too. The Boethusians, it seems, were not only committed to their version of ordering time, but went so far as to undermine the institution of testimony—that is, truth-telling that establishes a common reality—by sending false witnesses to the Sanhedrin. While the Rabbis would generally have been very expansive in trusting those who came to testify, they ultimately had to presume distrust, and limit testimony only to those whom they knew. We reflected together that it’s much more comfortable to live in a world where you feel like you can trust people, and it’s painful to feel otherwise. It’s kind of the bedrock of safety.
Parashat Shoftim begins with the commandment to appoint judges and magistrates, v’shaftu et ha’am mishpat tzedek, “and they shall govern the people with due justice” (Deuteronomy 16:19). Rashi, following the Sifrei, interprets: “This means, appoint judges who are expert and righteous to give just judgment.” The Torah expects a combination of both expertise and righteousness: Judges need to know the law—that is, they need to be experts—and, in the same breath, they need to understand how to apply the law with fairness and equity.
Why does the Torah feel the need to articulate this? Perhaps because a society ultimately depends on our collective trust that our judges and leaders know their stuff and will apply the law fairly, balancing the needs of individuals, society, and the law itself. Yet as the Mishnah reminds us, all of us are part of maintaining that trust. Even those of us who aren’t appointed leaders or judges have to be trustworthy to offer testimony. When any aspect of this collective trust begins to erode—whether our trust in our leaders’ expertise and ability, or our trust in one another as reliable narrators committed to the collective welfare—that is, at a minimum, an occasion for sadness and regret. At maximum, it jeopardizes our ability to live together in peace.
One of the greatest judges in the Bible is King Solomon. Famously, upon assuming the throne, he asks the Holy One to grant him a lev shomeah, a listening heart, “to judge Your people” (I Kings 3:9). In this season of spiritual attunement, and in this time of so much distrust—between communities and their leaders, between neighbors, between fellow Jews—may our spiritual practices help us to open our hearts, that we might be trustworthy to one another.
