[Par-reg] Parshat Shoftim - shiur #1

[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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