[Par-lite] Parshat Shoftim, shiur #1

Wed Aug 15 06:03:07 EDT 2007

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
  In Memory of Rabbi Abraham Leibtag
 Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************

PARSHAT SHOFTIM

 What is the ideal form of leadership for Am Yisrael: 
  a NAVI [a prophet];
  a SHOFET [a judge];
  a KOHEN [a priest];
  a MELECH [a king]?

 As Parshat Shoftim mentions each of these four 'models', this week's
shiur will discuss this important question, and how it relates to the
nature of the mitzvot of Sefer Devarim.

INTRODUCTION
 It is not by chance that Parshat Shoftim discusses different forms of
national leadership.  Recall how the main speech of Sefer Devarim
(chapters 5-26) contains the mitzvot that Bnei Yisrael must observe
upon their entry into the Land.  Considering that Parshat Shoftim is
part of that speech, it only makes sense that this speech would
contain a set of laws relating to the establishment of national
leadership.  With this in mind, we begin our shiur with an analysis of
the progression of topics from Parshat Re'ay to Parshat Shoftim.

FROM A NATIONAL CENTER TO NATIONAL LEADERSHIP
 Recall from our previous shiurim how Parshat Re'ay began the
important "chukim u'mishpatim" section of the main speech (i.e.
chapters 12-26).  This section contains an assortment of laws that
Bnei Yisrael must observe when they enter the Land.  In last week's
shiur we discussed how this section opened with the topic of "ha'makom
asher yivchar Hashem" - the site of the Bet Ha'Mikdash - which was to
become the National and Religious Center for God's special nation.
Afterward, the Torah discussed topics relating the establishment of
other laws that would facilitate the creation of an "am kadosh" [a
holy nation], such as special dietary laws, and a unique economic
system protecting the 'poor from the rich'.
 Parshat Shoftim continues this general theme, as it opens by
commanding the establishment of a comprehensive judicial system (see
16:18-17:13). That topic, concluding with the establishment of a
'supreme court, is followed by laws relating to the appointment of a
king (see 17:14-20); laws relating to shevet Levi (see 18:1-8) and
some guidelines relating to proper and improper 'guidance counselors'
(see18:9-22).
 As all of these mitzvot pertain to the political and religious
leadership of the people, we can assume that the Moshe Rabeinu
presents these laws at this point in the his speech, as these
institutions will facilitate the realization of God's goal for Am
Yisrael to become His 'model' nation (see Breishit 12:1-3).  In this
manner, the nation's character will be crystallized not only by the
special mitzvot that each individual must follow, but also by its
national institutions and form of government. 

"OR LA'GOYIM"
 This conclusion is supported not only by our analysis of the
progression of these mitzvot, but also by Moshe Rabeinu's own remarks
at the conclusion his first speech (i.e. chapters 1->4).  In that
speech, recall how Moshe had explained WHY Bnei Yisrael should keep
all these mitzvot - which he is about to teach them (in the main
speech):
"See I am teaching you CHUKIM & MISHPATIM...for you to abide in the
LAND that you are about to conquer. Observe them faithfully:
 * For that will be PROOF of your wisdom in the EYES OF THE NATIONS,
who will say upon hearing all these laws: Surely, THIS GREAT NATION is
a wise people.
* For what great nation is there that has GOD SO CLOSE to them...
* and what great nation has laws as perfect as THIS TORAH which I set
before you today!"
         (see Devarim 4:5-8).
 These psukim inform us that the CHUKIM & MISHPATIM section of Sefer
Devarim will contain mitzvot that Bnei Yisrael must keep IN ORDER to
achieve this divine goal - to become an "or la'goyim" - a shining
light for all nations. This requires the establishment of national
institutions to mold its unique character. These institutions are to
facilitate not only the spiritual growth of each individual citizen,
but also the creation of a 'model nation' that will bring God's Name
to all mankind.

FROM RE'AY TO SHOFTIM 
 As we mentioned in our introduction, the first commandment of the
CHUKIM & MISHPATIM section was the establishment of a National Center
- BA'MAKOM ASHER YIVCHAR HASHEM.  It is here where Bnei Yisrael will
gather on joyous occasions while offering their "korbanot" (see
chapter 12), eat their "ma'aser sheni" (see chapter 14), and gather on
the "shalosh regalim" (the three pilgrimage holidays/ see chapter 16).
 However, the establishment of this center is only one of the many
mitzvot that will facilitate the formation of God's model nation.
Recall that Parshat Re'ay contains several other mitzvot that help
create this "am kadosh" (holy nation):
 * the special dietary laws (see 14:2-21);
 * the laws of the seven year "shmitah" cycle (15:1-18), a national
economic policy which helps guarantee social justice;
 * warnings against 'bad influences' which could thwart the
development of God's special nation (12:29-13:19). 

 This theme continues in Parshat Shoftim, which describes several
institutions of national LEADERSHIP:
 1) the SHOFET - a judicial system
 2) the LEVI - religious leadership & civil servants
 3) the NAVI - religious guidance & national direction
 4) the MELECH - political leadership

 Therefore, our shiur will discuss the Torah's presentation of each of
these topics:

THE SHOFET
    Parshat Shoftim opens with the commandment to establish a
nationwide judicial system: 
"You shall appoint 'shoftim v'shotrim' [judges and officers] at ALL
YOUR GATES (i.e. in every city) that God is giving you, and they shall
govern the people with due justice.  Don't pervert judgment... don't
take bribes...  [instead]
JUSTICE, JUSTICE, you must pursue, IN ORDER that you thrive and
inherit the LAND... (16:18-20).

 As we know from story of Moshe & Yitro (see Shmot 18:13-26), the
establishment of a judicial system is not unique to Judaism, nor an
invention of the Bible.  Since ancient times, every society has
developed some system for law and order.  However, the Torah commands
the Jewish people to ensure that their judicial system is just and
upright.  As God's model nation, it is not sufficient to simply
appoint judges; we must make sure that our judges and officers of the
law keep to the highest standard of moral behavior.  We also have to
ensure that judges will be found in every market place in every city.
[In ancient times, the gate of the city was the central market place,
and hence the ideal place for a court to sit - to take immediate care
of any complaint that would arise.]
 Several psukim later (an explanation of the interim psukim 16:21-17:6
is beyond the scope of the shiur), Parshat Shoftim continues this
theme with the commandment to establish a SUPREME COURT at that
NATIONAL CENTER:
"If there is a case too baffling for you to decide...matters of
dispute in your courts - YOU SHALL GO UP to HAMAKOM ASHER YIVCHAR
HASHEM, before the KOHANIM, LEVIIM, or SHOFET, and present your
case..." (17:8-11).

 This institution serves as the HIGHEST authority for both civil
disputes and halachic questions. Both TORAH and JUSTICE must emanate
specifically from the site of the Temple, the National Center (see
also Yeshayahu 2:1-5). 
    The Torah's emphasis on the need to establish centers of Justice
is congruent with the primary purpose for God's choice of a special
nation, as God had already explained in Sefer Breishit:
"For Avraham is to become a great NATION, and the nations of the world
shall be blessed by him; for I have designated him IN ORDER that he
command his children and his posterity to follow the WAY OF THE LORD
by keeping TZDAKA & MISHPAT..."
      (see Breishit 18:17-19 and its context!).

SHEVET LEVI
 Not only does the Torah require the appointment of judges, it also
commissions an entire tribe - SHEVET LEVI - to become 'civil servants'
for this very purpose. The Leviim are not only to officiate in the
Temple, but they must also serve as judges. Additionally, they are
responsible for the teaching of Torah and the instruction of the
halacha (Jewish Law).
 This educational responsibility (even though it is only implicit in
Parshat Shoftim /see 17:9), is stated explicitly by Moshe Rabeinu in
his final blessing to Shevet Levi:
"They shall TEACH Your LAWS to Yaakov and Your TORAH to Yisrael"
(Devarim 33:9).
   [See also Vayikra 10:8-11.]

 In fact, Parshat Shoftim identifies this tribal obligation as the
reason why Shevet Levi does not receive a portion in the land:
"The KOHANIM & LEVIIM - the entire tribe of Levi - shall have no
territorial portion within Israel. [Instead] they shall receive their
portion from God's offerings... for God is their portion... You shall
also give them the first portion of your grain, wine and oil, and the
first shearing of your sheep. For God has chosen him [Levi] and his
descendants from out of all your tribes TO SERVE IN THE NAME OF THE
LORD for all time"   (see 18:1->5).

 Not only does the Torah define their duty as civil servants, but also
the details of their 'compensation' for this service (see 18:6-8).  

THE NAVI 
 After its short discussion of shevet Levi, the Torah continues with a
discussion concerning who [and who not] Bnei Yisrael should turn to
for guidance:
"When you ENTER THE LAND which God is giving you, DO NOT learn to
imitate the abhorrent practices of those nations. Let no one
become...a soothsayer, a sorcerer, one who casts spells, or one who
consults ghosts and spirits, or inquires of the dead. For anyone who
does such things is abhorrent to the Lord...
[INSTEAD] God will raise up for you a NAVI - a Prophet, like myself
(Moshe Rabeinu). To HIM you shall listen...I will put My words in his
mouth, and he will speak to them all that I command him..." (8:9-22).

  These psukim prohibit the consultation of any of a wide variety of
popular 'soothsayers,' as was the practice of the nations of Canaan.
Bnei Yisrael should rather seek guidance from the NAVI, who is to
serve as a national 'advisor' through whom God will communicate His
message. 

SO WHO'S IN CHARGE?
 Thus far, we have encountered a court system, judges, the tribe of
Levi (the Torah instructors), and the NAVI (who offers spiritual
guidance).   What about political leadership?  In our discussion of
leadership thus far, we have not found anyone who would deal with such
issues. For example:
 * Whose responsibility is it to actually oversee the CONSTRUCTION of
the Bet HaMikdash, BAMAKOM ASHER YIVCHAR?
 * Whose duty is it to organize a standing army and lead the nation in
battle?
 * Who will determine foreign and domestic policy?
 * Who will conduct and supervise the collection of taxes, the
building of roads, the minting of coins, etc.?  
 * Basically, who will run the country?

 Neither from Parshat Shoftim or anywhere else in Chumash does it
appear that these tasks are the responsibility of the kohanim, leviim,
or the shoftim.  Are they the responsibility of the NAVI - the
Prophet?
 The NAVI may, and probably should, serve as an ADVISOR to the
political leadership, representing 'God's opinion' on important
issues. Nevertheless, Parshat Shoftim clearly does not present the
navi [prophet] as the ideal political leader.
 Neither does the "shofet," presented at the beginning of the Parsha,
emerge from the psukim as a 'political leader.' Although he must
ensure the execution of justice (16:20), he is not portrayed as a
political leader.
[Note: The use of the name "shofet" in Sefer Shoftim to define the
ad-hoc political leadership of that time is a fascinating topic unto
itself, but requires independent treatment, beyond the scope of our
shiur.]

THE "MELECH"
 The answer to this question lies in one last category of national
leadership discussed in Parshat Shoftim - the "melech" (king):
"When you have entered the land... and you will say: 'I want to have a
KING, as do all the nations surrounding me,' appoint a KING over
yourself, ONE CHOSEN BY GOD...
  * He must NOT keep too many horses...;
  * He must NOT have too many wives...;
  * He must NOT amass too much silver and gold.
 When he is seated on his royal throne
 * He must WRITE down this "mishne torah" (the laws of Sefer Devarim)
from in front of the Kohanim and Leviim;
 * He must KEEP IT with him and READ IT every day of his life IN ORDER
that he learn to FEAR GOD....
 * Thus, he will not act haughtily...or deviate from the Torah...IN
ORDER that he and his children may continue to reign over Am
Yisrael...(see Devarim 17:14-20).

 From the above psukim alone, it is unclear whether the Torah
OBLIGATES or merely ALLOWS for the appointment of a king. [See
Sanhedrin 20b and all the classic commentaries.]  
 However, it appears from the context of these psukim, especially in
their relation to the other types of national leadership presented in
Parshat Shoftim, that specifically the king is expected to provide
political leadership. After all, who else will 'run the show'?
 Even though Moshe Rabeinu himself acted as BOTH the "navi" and king
(i.e the political leader), it seems that this 'double duty' is the
exception rather than the norm. [Later in Jewish History, certain
situations may arise [e.g. Shmuel] when the national leader may also
serve as NAVI, but this happens as an exception more than as a rule.]

THE MAKING OF A NATION
 Given God's desire that Bnei Yisrael become His 'model nation,' it is
quite understandable why some form of central government is necessary.
After all, in order to become a prosperous nation, at least some form
of political leadership is needed to coordinate and administer its
development. 
 One could suggest that when the Torah speaks of a king, it may be
referring to any type of political leadership with central authority,
regardless of the political system by which he is elected (be it a
democracy, a monarchy, theocracy, etc.). The Torah may speak
specifically of a 'kingdom,' for at the time of Matan Torah, that form
of government was the most common. However, these laws regarding 'the
king' could apply equally to the political leader in any system of
government. 

"K'CHOL HA'GOYIM"
 This interpretation may help us understand the phrase "melech k'chol
ha'goyim" - a king like the other nations (see 17:14 and pirush of the
Netziv in Emek Davar). The Torah is not encouraging Bnei Yisrael to
request a king who ACTS like the kings of neighboring countries.
Rather, they will request a FORM OF GOVERNMENT similar to that of the
neighboring countries.
  This observation may very well relate to the very concept of the
singularity the Jewish Nation. Although we must remain different from
other nations, we must still be a nation, in the full sense of the
term. Hence, Am Yisrael does not need to be different from other
nations with regard to the FORM of its political leadership, rather in
the MANNER by which its political leaderships acts!
 Once a specific leader is chosen, the Torah must guarantee that he
does not grow too proud of his stature (see 17:16-17,20). Instead, he
should utilize his invested powers to lead Am Yisrael towards becoming
an "am kadosh."  To this end, he must review the mitzvot of Sefer
Devarim - MISHNEH TORAH, the guide for this process - on a daily basis
(see 17:19! / see also Yehoshua 1:7-8).  
 In this manner, the laws regarding the king in Sefer Devarim
(17:14-19) set 'guidelines' for the behavior of the political
leadership of Am Yisrael - in order that they can fulfill their
destiny as God's special nation. Whereas this constitutes a primary
theme of the main speech of Sefer Devarim, it is only appropriate that
Parshat Shoftim deals specifically with this aspect of political
leadership.

A CHALLENGE
 Undoubtedly, an inherent danger exists once political power is
invested in a strong central government. But without a stable,
authoritative body, a country cannot prosper and develop to its
maximum potential.
 It is the Torah's challenge to Am Yisrael to become a nation that
resembles all other nations with regard to the establishment of a
sovereign political entity. However, at the same time, it is the
Torah's challenge to Am Yisrael that they be DIFFERENT from all other
nations in the manner by which that leadership behaves and governs;
for we are to become God's 'model nation.' 
 This form of national government will not diminish the Kingdom of
Heaven, but will rather promote the universal recognition of God's
Kingdom and further the glorification and sanctification of His Name. 

       shabbat shalom,
       menachem

=======================  
FOR FURTHER IYUN
1. Based on Parshat Ha'Melech, would you define this ideal monarchy as
constitutional or divine?
    In your answer, relate to Melachim bet 11:17.

2. Was Moshe Rabeinu a melech, a navi, or both?
  What was Yehoshua?  See Rambam Hilchot M'lachim perek aleph.   What
was Shmuel? (Was he an exception or the ideal?)
  Is a dynasty (a ruler the son of the previous ruler etc.) necessary
to be considered a king? How does this question relate to the above
shiur?

3. Read Rambam Hilchot Trumot I:1-3.
 Which type of melech is the Rambam referring to?
 See also the Rambam in Hilchot Melachim perek I. 
 See also the first Rambam in Hilchot Chanuka, where he discusses the
historical background to this holiday. Note his remark, "v'he'emidu
MELECH min ha'KOHANIM... and MALCHUT returned to Israel for more than
two hundred years..."  What type of MALCHUT is Rambam referring to?
How would this relate to the above shiur? 

4. Later in the Parsha, we are told that the "kohen" addresses the
army prior to battle (20:1-4). Here, his primary function is to boost
the soldiers' morale, promising God's assistance in the campaign
against our enemies.
 Does it appear from the Torah that it is also the Kohen's task to
lead the army in battle? 

5. Based on this week's shiur, explain the difference between Kings
Shaul, David, and Shlomo, and the "shoftim."
 a. Who forms the first standing army?
 b. Who first decides to construct the Bet HaMikdash?
 c. Who is the first to levy taxes?
 D. Who establishes a strong central government?

6. Try to classify all the "chukim u'mishpatim" from Parshat Re'ay
through Parshat Ki-Teyze into different groups, each of which focuses
on a specific topic. See if you can relate these topics to the order
of the Ten Commandments.

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