I want to focus on that one word in פסוק פד, “משפט”. It’s the first time we’ve seen it unadorned that way, not as משפטיך, “Your justice”. And it sounds like a complaint, מתי תעשה ברדפי משפט? It’s very similar to Abraham’s complaint:
If G-d is the source and the definition of justice, then how can anyone claim that His acts are not just? Is it possible for משפט not to be משפטיך?
Can moral law be derived by observation of the world around us and through our own intelligent thought and analysis, and not simply because a Higher Power commanded it? This is called the doctrine of “natural law”: that if we are careful and rational philosophers, we can deduce moral law. This is called “ethics”, the philosophical question not of what is real, but what is right. The idea comes from Greek and Roman philosophers (who didn’t believe in a just deity):
The other side is the nihilist side, that there is no inherent ethic in the universe, just our individual needs and desires:
Within a religious perspective, the question has been put more succinctly:
The discussions within Jewish thought come back to the Rambam, the ur-philosopher:
There are manuscripts that go both ways—אלא and ולא—so all we are left with is the argument.
תנ״ך implies that there is natural law. When Abraham goes to live with the Philistines, he tells them Sarah is his sister. Avimelech questions him on his dishonesty, and Abraham explains:
What is יראת אלקים that Abraham is so concerned about? It seems that this was something that Abraham expected them to have, but the Philistines fell short. Why should a pagan like Avimelech have fear of G-d?
The phrase יראת אלקים actually has a very specific meaning in the Torah:
In all these cases, at the level of פשט, the ones who have or are called out for lacking יראת אלקים are non-Jews. This יראת אלקים seems to be what we are calling “natural law”. And even ה׳ should have משפט; when Abraham argues with ה׳ about destroying Sedom, he claims that ה׳ must act justly but that argument doesn’t make sense unless there is some absolute משפט independent of ה׳'s will. But that sounds heretical.
This is a מחלוקת between Professor Marvin Fox and Rav Aharon Lichtenstein:
So what does David mean by מתי תעשה…משפט? Is there some absolute morality that David is demanding of ה׳?
The כתוב השלישי ויכריע ביניהם is, I think, the words of Rav Hutner. He says that the basic, natural, morality that we expect of all human beings is what the Torah calls יראת אלקים and the Talmud calls דרך ארץ:
The Maharal explains what דרך ארץ is:
Rav Hutner, after discussing the עשרה מאמרות of creation that represent the (involuntary) laws of nature and the עשרה דברות of the Torah that represent the (voluntary) laws of behavior, discusses the idea that there is something in between:
There is an ethic inherent in creation, but it is only ethical—it imposes a duty of behavior on us—because creation itself is commanded. G-d said that creation is Good, and therefore we must act in a way to preserve it. As the Maharal said, מי שאין נוהג בדרך זה אינו מין הישוב.