[Par-reg.w] For Parshat Shoftim

[Menachem Leibtag]

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