<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=Content-Type content="text/html; charset=us-ascii">
<META content="MSHTML 6.00.6000.16525" name=GENERATOR></HEAD>
<BODY>
<DIV><FONT face=Arial
size=2>*************************************************************<BR>
THE TANACH STUDY CENTER [http://www.tanach.org]<BR> In Memory of
Rabbi Abraham Leibtag<BR> Shiurim in Chumash & Navi by Menachem
Leibtag<BR>*************************************************************</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>PARSHAT SHOFTIM</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> What is the ideal form of leadership for Am
Yisrael: <BR> a NAVI [a prophet];<BR> a SHOFET [a
judge];<BR> a KOHEN [a priest];<BR> a MELECH [a
king]?</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>INTRODUCTION<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>FROM A NATIONAL CENTER TO NATIONAL
LEADERSHIP<BR> 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’.<BR> 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).<BR> 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.
</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>"OR LA'GOYIM"<BR> 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):<BR>"See I am teaching you CHUKIM & MISHPATIM...for you to abide in
the LAND that you are about to conquer. Observe them
faithfully:<BR> * 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.<BR>* For what great nation is there that has GOD SO CLOSE
to them...<BR>* and what great nation has laws as perfect as THIS TORAH
which I set before you
today!"<BR> (see Devarim
4:5-8).<BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>FROM RE'AY TO SHOFTIM <BR> 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).<BR> 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):<BR> * the special dietary laws (see
14:2-21);<BR> * the laws of the seven year "shmitah" cycle (15:1-18),
a national economic policy which helps guarantee social
justice;<BR> * warnings against 'bad influences' which could thwart
the development of God's special nation (12:29-13:19). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> This theme continues in Parshat Shoftim,
which describes several institutions of national LEADERSHIP:<BR> 1) the
SHOFET - a judicial system<BR> 2) the LEVI - religious leadership &
civil servants<BR> 3) the NAVI - religious guidance & national
direction<BR> 4) the MELECH - political
leadership<BR> <BR> Therefore, our shiur will discuss the
Torah's presentation of each of these topics:</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE SHOFET<BR> Parshat Shoftim
opens with the commandment to establish a nationwide judicial system: <BR>"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]<BR>JUSTICE, JUSTICE, you must pursue, IN ORDER that you thrive and
inherit the LAND... (16:18-20).<BR> <BR> 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.]<BR> 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:<BR>"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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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). <BR> 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:<BR>"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..."<BR> (see Breishit
18:17-19 and its context!).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SHEVET LEVI<BR> 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).<BR> 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:<BR>"They shall TEACH Your LAWS to
Yaakov and Your TORAH to Yisrael" (Devarim 33:9).<BR> [See also
Vayikra 10:8-11.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> In fact, Parshat Shoftim identifies this
tribal obligation as the reason why Shevet Levi does not receive a portion in
the land:<BR>"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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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). </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE NAVI <BR> 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:<BR>"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...<BR>[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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>SO WHO'S IN CHARGE?<BR> 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:<BR> * Whose
responsibility is it to actually oversee the CONSTRUCTION of the Bet HaMikdash,
BAMAKOM ASHER YIVCHAR?<BR> * Whose duty is it to organize a standing
army and lead the nation in battle?<BR> * Who will determine foreign
and domestic policy?<BR> * Who will conduct and supervise the
collection of taxes, the building of roads, the minting of coins, etc.?
<BR> * Basically, who will run the country?</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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?<BR> 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.<BR> 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.<BR>[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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE "MELECH"<BR> The answer to this question
lies in one last category of national leadership discussed in Parshat Shoftim -
the "melech" (king):<BR>"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...<BR> * He must NOT keep too many
horses...;<BR> * He must NOT have too many wives...;<BR>
* He must NOT amass too much silver and gold.<BR> When he is seated on
his royal throne<BR> * He must WRITE down this "mishne torah" (the laws of
Sefer Devarim) from in front of the Kohanim and Leviim;<BR> * He must KEEP
IT with him and READ IT every day of his life IN ORDER that he learn to FEAR
GOD....<BR> * 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).</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> 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.] <BR> 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'?<BR> 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.]</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>THE MAKING OF A NATION<BR> 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. <BR> 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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>"K'CHOL HA'GOYIM"<BR> 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.<BR> 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!<BR> 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). <BR> 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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>A CHALLENGE<BR> 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.<BR> 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.' <BR> 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. </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2> shabbat
shalom,<BR> menachem</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>======================= <BR>FOR FURTHER
IYUN<BR>1. Based on Parshat Ha'Melech, would you define this ideal monarchy as
constitutional or divine?<BR> In your answer, relate to
Melachim bet 11:17.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>2. Was Moshe Rabeinu a melech, a navi, or
both?<BR> What was Yehoshua? See Rambam Hilchot M'lachim perek
aleph. What was Shmuel? (Was he an exception or the
ideal?)<BR> 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?</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>3. Read Rambam Hilchot Trumot I:1-3.<BR> Which
type of melech is the Rambam referring to?<BR> See also the Rambam in
Hilchot Melachim perek I. <BR> 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?<BR>How would this relate to the above shiur? </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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.<BR> Does it appear from the Torah that it is also the
Kohen's task to lead the army in battle? </FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>5. Based on this week's shiur, explain the
difference between Kings Shaul, David, and Shlomo, and the
"shoftim."<BR> a. Who forms the first standing army?<BR> b. Who first
decides to construct the Bet HaMikdash?<BR> c. Who is the first to levy
taxes?<BR> D. Who establishes a strong central government?</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2>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.</FONT></DIV>
<DIV> </DIV>
<DIV><FONT face=Arial size=2><BR></FONT> </DIV></BODY></HTML>