Jewish Justice

Parshat מסעי speaks of the ערי מקלט, Cities of Refuge, that were to be available to an accidental death caused by an individual. He is to stay in what is a “safe zone,” until the death of the Kohein Hagadol.

Before he is awarded entry into the עיר מקלט, he must be judged by a court of twenty-three. If it is decided that it was not accidental, he could be tried for murder. Only in a case where it was mostly accidental, with a slight amount of negligence, does he get the protection of the עיר מקלט.

When judging this individual, the Torah says, ושפטו העדה והצילו העדה, “the congregation will judge, and the congregation will save.” What is learned from this Pasuk, is that one can never be convicted if there is a unanimous decision against the individual. If there isn’t even one judge out of twenty-three that cannot find some reason to acquit, the case becomes suspicious, and there will not be a conviction.

Rabbi Twerski explains this by saying that wherever there is truth, there is also falsehood. This implies that even if the claim to acquit is false, it must be presented. This is the guarantee that there was a fair trial. This is Jewish justice that is real, true justice.