The Torah relates (Devarim 1) how bnei Yisrael spent almost two years encamped around Mount Sinai. Hashem invited the people to enter and assume possession of their inheritance, the land, without battle. The Torah enigmatically breaks the continuity and retells how 40 years earlier Moshe sought recommendations for suitable judges. After all, Moshe did not know everyone in the community, and requested their input to find the most appropriate candidates. Moshe instructed the judges how to act, to be acceptable to the community. He charged the people to behave in accordance with Torah when they enter the land and tells how they started their march. Hashem told bnei Yisrael the time had come for them to enter the land. They arrived at the border of Har Emori. All that was left was to ascend the mountain and conquer the land without a battle, in much the same way that one inherits property, alay reish. It was a short journey from Kadesh Barnea to Israel.
It is interesting to note that we read Parshas Devarim and the story of the spies on the Shabbos before Tisha Bav. Moshe tells them how close they, and he, were to entering the land. Had Moshe entered Israel and divided the land they never would have been exiled and the Temple would never have been destroyed. We had it in our grasp, but some crazy idea, to send spies, shattered our destiny, and replaced it with one of suffering and martyrdom.
Why did Moshe insert the story of setting up the system of judges in the middle of the story of their impending entry to the land and the subsequent tragedy that befell them? In order for them to enter Israel, with minimal effort, they had to establish a complete system of justice. Ramban says that the appointment of the judiciary prepared the people to enter the land after they received the Torah. The judges that Moshe appointed were not just the judiciary. They were also the teachers and leaders of the people, like Devorah, who was a judge and leader as well.
The haftarah for Devarim, Chazon Yeshayahu, describes the violation of tzedakah and mishpat by corrupt judges and leaders who perverted the very justice system required to inherit and control the land, as described in Devarim. The haftarah concludes with the promise that Zion will be redeemed through reestablishing a system of mishpat u’tzedakah. Only afterwards will it be called Kiryah Ne’Emanah and the final redemption realized with resettling and rebuilding the Temple.
Reestablishment of mishpat u’tzedakah as prerequisite to the final redemption is a central theme of Shemoneh Esrei. The middle 13 blessings are divided between the needs of the individual and of the community, the latter seven blessings refer to the redemption of Israel. The first of these mentions the ingathering of exiles, implying conquest of the land. The next blessing should have been the petition to restore the Temple and Jerusalem. However one cannot petition for that without first establishing a strong system of justice, described in the blessing of Hashiva Shofteinu. Ingathering exiles implies distributing and settling the land. You can’t have those without first petitioning for the return of an effective judiciary.
Yerushah v’yeshivah means Israel under our control. It should not be considered only in terms of physical conquest of the land, but in terms of the establishment of a system of limmud Torah and spiritual leadership. Without these, the best-trained soldiers do not matter. Bo’u u’reshu means that it is incumbent on you to conquer the land. After Moshe appointed the judges he announced they were prepared physically and spiritually to conquer the land. Minuy dayanim in Israel has a double aspect. We must enforce yashar v’tov to prevent corruption. It also is connected to yerushah v’yeshivah, requiring us to appoint true scholars, great leaders and honest judges.