“And they shall make this declaration: “Our hands did not shed this blood, nor did our eyes see it done.”
—Deuteronomy 21:7
In the case of unsolved murders, the elders of the town nearest to where a corpse is found are told to convene at a Wadi (a seasonal river) to perform a rather grotesque form of sacrifice. The Torah instructs the town elders to break the neck of a heifer at the Wadi’s edge and confirm the absence of their guilt with the words, “Our hands did not shed this blood, nor did our eyes see it done.” The elders proceed to wash their hands thus absolving themselves and all of Israel for the guilt incurred through murder.
To what extent, I wonder, are we and our leaders responsible for the absence or miscarriage of justice when we essentially wash our hands of any wrongdoing, saying to ourselves, “I didn’t do it and I didn’t see it”? If no guilt were incurred, then why are the elders compelled to perform a guilt absolving ritual? For what transgression do the elders atone? What systemic failures are inherent in the absence or miscarriage of justice? What stories do we have to tell ourselves to alleviate a sense of responsibility for society’s woes?
The collectivism, the mutual responsibility inherent in these closing words of Parashat Shoftim, display an important, yet often overlooked theme of the High Holidays. The sense of collective guilt and the act of collective confession are crucial to Yom Kippur’s effectiveness. During the time of the ancient Temple, the high priest would enter the Holy of Holies on Yom Kippur to ask absolution for both himself and all of Israel. Today, when we stand before God on Yom Kippur, we stand as a community to recite the words of Ashamnu (we have transgressed)—together. Listing transgression after transgression, as a community, we confess to shortcomings we may never actually commit so as to acknowledge the possible ways we may have contributed to the absence of justice for others. Perhaps, acknowledgment through confession and absolution might be the first step toward inspiring us to become the change we would like to see; forcing ourselves to confront our own role in the miscarriage of justice, no matter how small.
Rabbi Brett Weisman