Date: Fri, 5 Sep 1997 04:48:07 +0000 Reply-To: ml@virtual.co.il Sender: owner-yhe-parsha.ml@virtual.co.il Precedence: bulk From: "Menachem Leibtag" To: yhe-parsha.ml@virtual.co.il Subject: PARSHAT SHOFTIM *************************************************************** THE TANACH STUDY CENTER [http://www.virtual.co.il/torah/tanach] In Memory of Rabbi Abraham Leibtag *************************************************************** PARSHAT SHOFTIM Ideally, who should lead Am Yisrael: a NAVI (prohet); a SHOFET (judge); a KOHEN (priest); a MELECH (king)? As Parshat Shoftim mentions each one of these four examples of national leadership, this week's shiur will attempt to answer this fundamental question. INTRODUCTION Let's begin this week by explaining WHY Parshat Shoftim discusses national leadership. Recall that Parshat Shoftim is part of the CHUKIM & MISHPATIM section (chapters 12->26) of the main speech of Sefer Devarim. This section discusses the specific mitzvot which Bnei Yisrael must keep upon entering the land. As we saw in last week's shiur, first and foremost this section focuses on the establishment of national institutions which facilitate the development of God's special nation to become an "am kadosh" - a holy nation. Parshat Re'ay discussed the various mitzvot relating to the National Center - "ha'makom asher yivchar Hashem" - the site of the Bet Ha'Mikdash. Now, Parshat Shoftim continues by discussing the establishment of a comprehensive judicial system (16:18-17:13), the appointment of a king (17:14-20), and laws relating to the religious leadership of shevet Levi (18:1-8) and prophets (18:9- 22). From this perspective, the mitzvot of Sefer Devarim could be considered a guide by which Bnei Yisrael will fulfill the goal which God had set for the nation of Avraham Avinu in Sefer Breishit (see Br.12:1-3). The character of that nation will be determined not only by the special mitzvot that each individual must follow, but also by its national institutions. WHY A NATION? This very concept was already discussed by Moshe Rabeinu at the conclusion his introductory speech (chapters 1->4), where he explains to Bnei Yisrael the primary purpose for these mitzvot which he is about to teach them: "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 upon hearing of all these laws will say: 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." (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 nation. This requires the establishment of national institutions which will mold its special character. These institutions are to facilitate not only the spiritual growth of each individual citizen, but also the creation of a 'model nation', which will bring God's Name to all mankind. THE NATIONAL INSTITUTIONS IN PARSHIOT RE'AY & SHOFTIM As we explained last week, the first commandment was to establish a National Center - BA'MAKOM ASHER YIVCHAR HASHEM - where Bnei Yisrael are to offer their "korbanot" etc. (chapter 12), eat their "ma'aser sheni" (chapter 14), and gather on the "shalosh regalim" (the three pilgrimage holidays/ chapter 16). However, the establishment of this CENTER, is only one of the many mitzvot which are to facilitate the formation of God's model nation. Parshat Re'ay contains several other mitzvot which 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), constituting a national economic policy which helps guarantee social justice; * warnings against 'bad influences' who may thwart the proper development of God's special nation (12:29-13:19). This theme continues in Parshat Shoftim, at it describes institutions of national LEADERSHIP. The first example is establishment of a nation-wide judicial system: "Shoftim v'shotrim" (judges and officers) must be appointed at ALL YOUR GATES (i.e. in every city) that God is giving you, and they shall govern the people with due justice... JUSTICE, JUSTICE, you must pursue, IN ORDER that you thrive and inherit the LAND... (16:18-20). Several psukim later, Parshat Shoftim continues with the commandment to establish a SUPREME COURT at the 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 from site of the Temple, the National Center. Not only does the Torah require the appointment of judges, it also commissions an entire tribe - SHEVET LEVI - to become 'civil servants' for this purpose. The Leviim are expected not only to officiate in the Temple, but they must also serve as judges. They are also responsible for the teaching of Torah and the instruction of the halacha (Jewish Law). This tribal responsibility which is only alluded to in Parsha Shoftim (see 17:9), is later stated specifically by Moshe Rabeinu in his final blessing to Shevet Levi: "They shall TEACH Your LAWS to Yaakov, and your TORAH to Yisrael" (Dvarim 33:9). Parshat Shoftim now explains that this is for this reason why Shevet Levi does not receive an inheritance in the land (see 18:1- 2,5). Not only does it mentions their duty as civil servants, but also details their 'compensation' for this service (see 18:1-8). THE NAVI - The parsha discussing shevet Levi is immediately followed by a discussion of WHO Bnei Yisrael should [/and should not] 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 cast 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), HIM you shall listen to... I will put My words in his mouth, and he will speak to them all that I command him..." (8:9-22) These psukim, from their context, imply that Bnei Yisrael MUST NOT seek guidance from any of a wide range of popular 'soothsayers', as was the practice of nations of Canaan. RATHER they should 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 found the commandment to establish a court system, appoint judges, to set aside the tribe of Levi to serve as officiants at the Bet Ha'Mikdash and teach Torah, and to follow the spiritual guidance of the NAVI.. Are any one of these leaders also expected to provide political leadership? * Whose responsibility is it to actually carry out the CONSTRUCTION of the Bet HaMikdash BAMAKOM ASHER YIVCHAR? * Whose duty is it to organize a standing army; to lead the nation in battle? * Who will determine foreign and domestic policy? * Who will organize the collection of taxes, the building of roads, the minting of coins, etc.? * Basically, who will run the country? Neither from Parshat Shoftim, nor from 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, in Parshat Shoftim, he is definitely not presented as a political leader. Likewise, the "shofet", presented at the beginning of the Parsha does not appear to be the 'political leader'. Even though he must ensure that justice is carried out (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 period is an interesting topic, but needs to be discussed in a separate shiur.] THE "MELECH" The answer to 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 MISHNEH TORAH (the laws of Sefer Dvarim) 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... nor deviate from the Torah... IN ORDER that he and his children may continue to reign over Am Yisrael... (17:14-20) Now, from the above psukim alone [better known as "parshat ha'melech"], it is not clear whether the Torah OBLIGATES or only leaves an OPTION for Bnei Yisrael to appoint a king. [See Sanhedrin 20b and all of the classic commentaries.] Nonetheless, it appears from the CONTEXT of these psukim, especially in their relation to the other types of national leadership presented in Parshat Shoftim, that it is specifically the king who 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 position' is the exception rather than the norm. [Certain situations may arise [e.g. Shmuel] when the national leader may also be a NAVI, but it is not a requirement.] There is very logical reason why a king, or at least some form of centralized government, is necessary. In order to become a nation, political leadership is necessary to coordinate 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, or theocracy, etc.). However, a kingdom is the most likely form of government, especially at the time of Yetziat Mitzrayim. 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). The Torah is not stating that Bnei Yisrael will request a king who ACTS like the king of neighboring countries, rather they will request a FORM OF GOVERNMENT similar to that of the neighboring countries. Am Yisrael is not to be different than other nations in the FORM of its political leadership, rather in the MANNER by which its political leader acts. Once this specific person is chosen and authorized to take charge, the Torah must guarantee that he does not become too haughty (see 17:16-17,20). At the same time, to assure that he will lead Am Yisrael towards becoming an "am kadosh", he must constantly review the mitzvot of Sefer Dvarim - MISHNEH TORAH - on a daily basis (see 17:19). Basically, the Torah is setting 'guidelines' for the behavior of the political leader of Am Yisrael, IN ORDER that they become a model nation. As this is a primary theme in main speech of Sefer Dvarim, 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 the leaders of a strong central government. Yet without investing this power, it is difficult for a country to develop and prosper. It is the Torah's challenge to Am Yisrael, to become a nation, LIKE any other nation, in regard to the establishment of a sovereign political entity. However, at the same time it is the Torah's challenge to Am Yisrael to be DIFFERENT than any other nation, 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, rather it will help glorify it. shabbat shalom, menachem ======================= FOR FURTHER IYUN 1. Based on Parshat Ha'Melech, would you define this ideal monarchy as constitutional or divine? See Kings II- 11:17 2. Was Moshe Rabeinu a melech or navi, or both? What was Yehoshua? See Rambam Hilchot M'lachim perek I What was Shmuel? (was he an exception, or the ideal?) Is a dynasty required in order to be considered king? How does this question relate to the above shiur? 3. Read Rambam Hilchot Trumot I:1-3. What type of melech is the Rambam referring to? Refer also to the Rambam in Hilchot Melachim perek aleph. 4. Which of the 'shoftim' in Sefer Shoftim, are actually referred to as "shoftim". Why? In what way is Gideon different from all the other Shoftim (in relation to his leadership /see Shoftim 8:22-25) 5. Later in the Parsha, the "Kohen" speaks before the army prior to battle (20:1-4). Here his primary function is to boost the morale, promising God's support against our enemies. Does it appear from the Torah that it is also the Kohen's task to lead the army in battle? 6. Based on this week's shiur, explain the difference between Shaul, David, and Shlomo, in relation to the "shoftim". a. Who formed 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? 7. From Parshat Re'ay through Parshat Ki-teytze, attempt to group the "chukim u'mishpatim" into common topics. See if you can relate these topics to the order of the Ten Commandments.