[Par-reg] for Parshat Shoftim

Wed Aug 22 10:01:31 EDT 2012

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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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