Is It a Mitzvah to Vote?

Voting in Judaism "on one foot":

Judaism has much to say about Jewish participation in voting opportunities. This source sheet examines what the traditional texts say on the matter.

Do we need a leader?

Context: The Torah is describing a set of laws about how justice should be ensured.

What sort of leader does the Torah describe here?

Does the Torah think this kind of leader is a good idea?

Context: This comes right after the Torah has described the things that a magistrate should do to implement justice.

What sort of leader does the Torah describe here?

Does the Torah think this kind of leader is a good idea?

Context: This comes in the Babylonian Talmud, Tractate Sanhedrin, in a discussion about whether kings are a good idea or not.

What does Rabbi Yehudah think about this?

Based on your read of Deut. 17:14-15, do you agree with him?

Context: Samuel has been the leader of the Israelites, and when he grew old his sons took over. Samuel was a good leader, his sons were not.

How does Samuel feel about the request of the people?

How does G-d feel?

Do we need a government?

Context: Jeremiah is a prophet in Jerusalem who witnessed the Babylonians destroying the First Temple. He is writing a letter from Jerusalem to those whom the Babylonians have exiled to Babylon, urging them to not have false hope and rebel against Babylon. Jeremiah says that G-d will redeem them in the not-so-distant future, but it will still be a while so they should settle in.

How does Jeremiah feel about the interactions of the Jews with the non-Jewish government?

Does voting count as “seek the peace of the city”?

Context: Pirkei Avot is the section of the Mishnah (in the Talmud) which is a collection of quotes from the rabbis. Rabbi Chanina, who was next in line to be the High Priest, lived during the last years of the Second Temple, when the Romans were in charge. It was a time of great dispute between Jews who opposed the Roman occupation and Jews who were trying to make the best of the situation.

How does Rabbi Chanina feel about the interactions of Jews with the non-Jewish government?

Context: In the Babylonian Talmud, Tractate Avodah Zarah, there is a discussion about this verse from the Biblical book of Habakuk: "You have made people like the fish of the sea, like creeping things that have no ruler." This is one of the interpretations presented.

Do you think this is what would happen without a government?

Context: The Babylonian Talmud, in Tractate Nedarim, is discussing when you are allowed to tell falsehoods. In this particular case, the discussion is about what you have to tell the IRS vs. a scam artist pretending to be the IRS (as it existed in the 400s in Babylonia).

What does this principle say about Jewish law versus secular law?

Context: Rabbi Samson Raphael Hirsch was a German rabbi in the 1800s, during a time when the Reform Movement was first getting started. He published "Nineteen Letters" in 1836 as a fictional exchange of letters between somebody wondering about all the things the Reform Movement was changing, and a rabbi sticking up for traditional Judaism. Rabbi Hirsch became the founder of Modern Orthodoxy, still making some changes to Judaism (like sermons in the vernacular), but generally not changing much.

How does Rabbi Samson Raphael Hirsch feel about Jews being involved in society/politics?

Should we follow the majority?

Context: This comes in a short section in the Biblical Book of Exodus regarding doing justice in court cases.

According to Exodus, should we follow the majority?

Context: Rashi is short for Rabbi Shlomo ben Yitzchak. He lived in the 1000s in France and is considered the greatest commentator on the Bible and Talmud.

According to Rashi, should we follow the majority?

Context: The Rashbam, short for Rabbi Shmuel ben Meir, was a grandson of the great commentator Rashi. The Rashbam lived in the 1100s.

According to the Rashbam, should you follow the majority?

Context: The Babylonian Talmud, in Tractate Chullin, is discussing how one makes decisions about kosher butchering when there is an uncertainty.

According to the Talmud's interpretation of "Don't follow after the majority", should you follow after the majority?

Context: The Babylonian Talmud, in Tractate Bava Metzia, is telling a story in which all the rabbis disagree with Rabbi Eliezer about whether a particular oven is pure or not. Rabbi Eliezer brings miracles from nature to prove his point, culminating in G-d chiming in that Rabbi Eliezer is right.

According to the Talmud in Tractate Bava Metzia, should we follow the majority?

Did Jews vote on communal matters?

Context: This is from the Babylonian Talmud, Tractate Beitza, which is about eggs and the rules for eating them if they have been laid on Shabbat or holidays. This specific text has to do with whether an egg laid on the first day of Rosh Hashanah can be eaten on the second day of the holiday. The Sanhedrin settled that with a vote, and so one rabbi can not just overrule that with his own ruling.

What does this say about Jewish views of leadership by many instead of just by one?

Does this say anything about Jewish views on multiple people getting to decide how matters should go?

שו׳׳ת הרא׳׳ש כלל ו סימן ה׳

Responsa of the Rosh 6:10

Regarding your question of whether two or three citizens in a city may remove themselves from a communal agreement, or from a decree of cherem (excommunication) on something:

Know, that regarding communal affairs, the Torah says, "lean towards the majority" (a rabbinic translation of Shemot 23:2). Regarding any matter that the community agrees upon, go after the majority, and individuals must uphold everything that the majority decides for them. For if not, the community will never agree about anything, if it was within the power of individuals to negate the agreement. Therefore the Torah says: regarding everything there's an agreement of the majority, "lean towards the majority."

The Rosh, which is short for “Rabbeinu Asher” (Ben Yechiel) lived in the late 1200s and early 1300s in Europe. He issued responsa, which were responses to questions he received about living Jewishly.

How is this relevant to voting today?

Context: This is from the Shulchan Aruch, Rabbi Joseph Caro’s law code in 1563, specifically the Rema’s gloss on how it applies to Ashkenazi Jews in Central/Eastern Europe. Rabbi Caro consulted the Rosh as one of the key sources for what he included. This part of the Shulchan Aruch is Choshen Mishpat, which has to do with legal matters. In this section, it is discussing what happens when there’s a matter of communal security or communal resources and the community can’t come to consensus.

How is this similar and different to what happens in America today?

Did Jews vote for leaders?

Context: This is from the Babylonian Talmud, Tractate Brachot, which is about blessings. This comes after a description of 3 categories of people who need to “bench Gomel”, thanking G-d for saving them from harm - those who travel, those who recover from an illness, and those released from prison. Thereafter, the Talmud talks about other groups of 3, and Rabbi Yochanan says that G-d determines 3 things by Him/Herself - famine, plenty, and leaders. Rabbi Yochanan cites Exodus 35:30 (in the text above) as proof.

This is probably the most relevant text that we have to today’s situation, and it dates back to the year 500 CE or so. What is it saying?

A summary, by Mark Greenspan (Rabbi Emeritus of Beth Shalom Oceanside Jewish Center)

Jewish tradition views government as a human partnership with God. Where Torah predicts that Israelites would want civil rulers instead of priests and prophets, Moses told the people: “[B]e sure to place over yourselves the king that God elects for you” (Deut. 17:14-15). The canon records that God chose the first king, Saul (1 Sam. 9:16-17). The second king, David, was chosen by God but confirmed by “all of Israel’s elders” (2 Sam. 5:3). The third king, his son Solomon, ruled in David’s bloodline but “all the people” together ratified his accession (1 Kings 1:39). Given this democratic shift, Rabbi Yitzchak opined that not even God could select rulers without consulting the people (B.T. Berachot 55a). By medieval days, when Jews elected tax collectors to remit Jewish taxes to Christian realms, Moses Isserles (1520-1572) held that all taxpayers were to assemble and vote “for the sake of heaven” (Shulchan Aruch, Choshen Mishpat 163:1). Declining to vote means ignoring Torah’s notion of human partnership in the “heavenly” work of government. On the other hand, the Chatam Sofer (1762-1839) held that taxpayers who didn’t vote faced no compulsion: their only penalty was to forfeit rights to shape election outcomes.

Still, why should Jews vote today?

Context: Leviticus Rabba is a 5th century CE text which is like a set of sermons based on the Biblical Book of Leviticus. This text draws on Leviticus 4:2, which talks about what an individual Israelite should do if he errs, and extends it to how it affects the community.

If we are all in the same boat, and election results affect everybody regardless of whether or not they voted, how does the person drilling under his own seat compare to people you have met (or heard about) in regards to voting in an election?

Context: This is from the Babylonian Talmud, Tractate Shabbat, in which it is said in the Mishnah that cows are not supposed to do certain things on Shabbat but one rabbi had a cow which did this thing. The Gemara comments that actually, it was his neighbor’s cow, but because he didn’t speak up about that, it was as if he agreed with it.

What does this text have to do with choosing not to vote (assuming voting doesn’t risk one’s health)?

Context: This is from Pirkei Avot, a collection of quotes from the rabbis of the Mishna. They lived from the years 300 BCE to 200 CE, and their sayings form a tractate of the Talmud. Rabbi Tarfon lived around the year 135 CE and he owned vineyards in addition to being a teacher.

What would Rabbi Tarfon say to somebody who thought that their one vote couldn’t possibly bring electoral change?

Context: Midrash Tanchuma is a collection of midrashim on the Torah, organized by parasha. It dates to the 700s CE. This midrash is commenting on the first two words of Parashat Mishpatim - v’eileh hamishpatim - these are the laws.

What does this text have to do with somebody who chooses not to vote (assuming that health/safety isn’t an issue)?

Context: This comes from the Babylonian Talmud, Tractate Gittin, which is about divorces. The tractate talks about buying a field from a couple and what to do if they later get divorced. It then tells about a specific situation during the time that the Romans were attacking the Second Temple. This leads to some stories about what might have caused the Romans to attack the Second Temple, including this story of Kamtza and Bar Kamtza.

What does this text have to say about choosing to not vote (when health/safety is not at risk)?

Rav Moshe Feinstein Letter, October 3, 1984

On reaching the shores of the United States, Jews found a safe haven. The rights guaranteed by the United States Constitution and the Bill of Rights have allowed us the freedom to practice our religion without interference and to live in this republic in safety.

A fundamental principle of Judaism is hakaras hatov -- recognizing benefits afforded us and giving expression to our appreciation. Therefore, it is incumbent upon each Jewish citizen to participate in the democratic system which guards the freedoms we enjoy. The most fundamental responsibility of each individual is to register and to vote.

Therefore, I urge all members of the Jewish community to fulfill their obligations by registering as soon as possible, and by voting. By this, we can express our appreciation and contribute to the continued security of our community.

[signed] M. Feinstein

Context: Rabbi Moshe Feinstein was the pre-eminent American Orthodox rabbi of the 20th century. He wrote this letter in response to somebody asking if Orthodox Jews should vote in the 1984 presidential election, since it seemed that the results were inevitable.

What are his arguments?

Do you agree?

How does voting contribute to the continued security of the American community?

How does voting contribute to the continued security of the American Jewish community?

Modern rabbis answer the question: "Are Jews Commanded to Vote?"

From Moment Magazine: https://www.momentmag.com/ask_the_rabbis_voting/

Rabbi Laura Novak Winer (Reform)

A man once came before the Chazon Ish (a Russian-born Orthodox rabbi, 1878-1953) and explained that he didn’t have enough money to pay his taxes and, therefore, would not be allowed to vote in an upcoming election. The Chazon Ish responded: “You should sell your tefillin and pay the taxes… tefillin, you can borrow from another, but the right to vote you cannot get from someone else.”

As this story illustrates, there have been times when Jews faced barriers to voting, or, though allowed to vote in theory, were unable to do so. (Of course, there were far worse times when legislation affirmatively stripped Jews of their rights, such as the Nuremberg Laws in 1930s Germany.) Thankfully, in the United States, the 24th Amendment protects one’s right to vote regardless of taxpayer status.

The Chazon Ish story tells us that voting is so important that one should sell one’s tefillin—a symbol of one’s commitment to observing the mitzvot, or commandments—in order to do so. I would suggest that for us, today, voting is more than a right or a privilege. It is an obligation incumbent upon us as equal citizens in a democratic society.

Rabbi David Evan Markus (Renewal)

Every Jew has a duty to vote in the democratic elections in one’s nation of citizenship. Jewish law mandates the creation of civil government (Avot 3:2, Avodah Zara 4a) and obliges all who benefit from public services to help provide them (Bava Batra 7b, Bava Metzia 108a). Voting follows from this Jewish communitarian value against free-riding and from a “social compact”—recognized by Jews 700 years before Enlightenment democratic thought arose in Europe—by which Jews opting to live in a society thereby agree to support its government and laws (Rashbam, Bava Batra 54b). Most of all, Judaism views voting to be a holy act of divine partnership. Before selecting Bezalel as the Mishkan’s master builder, God told Moses to consult the people (Berakhot 55a): the modern elective franchise continues this legacy “for the sake of heaven” (Shulchan Aruch, C.M. 163:1). It follows that all government policies—from public order and foreign policy to education and the environment—are issues on which Jews are called to help renew and repair the world in holy partnership at the ballot box.

Rabbi Fred Scherlinder Dobb (Reconstructionist)

We may not be commanded, exactly, but we’re fools, hypocrites and worse if we fail to vote. Judaism puts values front and center, and in a democracy, voting is the core expression of values. Think we should “pursue justice” (Deuteronomy 16)? Vote. “Love the stranger/immigrant” (Deuteronomy 10)? Vote. Keep humans and Earth, adam and adamah, connected (Genesis 2)? Vote. Love our own, protect others (Leviticus 19) and honor all who are created in the Divine image (Genesis 1)? Vote.

Rabbi Amy Wallk Katz (Conservative)

The Bible comes up short in conceptualizing the “democratic ideal” as we know it today. In the Torah, there is a clearly defined hierarchy of leadership. The Kohanim and Levi’im are granted religious privileges not open to everyone else. The Prophets describe, and usually castigate, the kings of Israel and Judah. Although there were kings whom the Prophets applauded, the bulk of their writings describe monarchy as an immensely flawed form of government.

It is in rabbinic literature that the value of democracy is put forth (Babylonian Talmud, Berakhot 55a). Rabbi Isaac said: “One does not appoint a leader for a community without consulting the community. How do we know this? It says in the Torah: ‘See, the Eternal One has singled out by name Bezalel’ (Exodus 35:30). God said to Moses, ‘Moses, is Bezalel worthy in your opinion?’ Moses answered God, ‘Ruler of the Universe, if he is worthy before You, how could he possibly not be worthy before me?’ God said to him, ‘Even so, go and ask them [the people]…’”

It is abundantly clear from this text that God demands our participation when appointing a leader for our community. In other words, yes, it is a mitzvah to vote!

Rabbi Dov Wagner (Chabad)

There are many sources in Torah that talk about the imperative for civic engagement: the obligation for a system of justice in the Noahide Code, the very Noahide Code itself, the imperative to “pray for the welfare of the government” and many more. But saying that we are commanded to vote would be focusing on the symptom rather than the cause.

We are commanded to do what we can to “correct the world under the sovereignty of G-d”—to make our world better and more in tune with its innate goodness and sanctity. To the extent that this can be achieved at the ballot box, voting can be seen as an expression of our core Jewish values. But remembering to focus on the underlying imperative and aim can help to ensure that we maintain the right attitude toward it—an attitude within which political engagement is all about upholding our highest aspirations of ethics and love of a fellow, even those with whom we might happen to disagree.

Another reminder provided by voting: We each count. Every one. And each person counts for no more—and no less—than one. Although that may be arguable at times in the vagaries of our political structures, it never varies where it truly matters—in our absolute and essential value in the eyes of G-d.

Rabbi Yitzchok Adlerstein (Orthodox)

The use of the word “commanded” makes this question easier. There are a lot of warm, fuzzy reasons to vote, but as a halachist, I am limited to citing two compelling reasons why one is actually obligated to do so.

The first is an overarching principle of Jewish life that translates again and again into normative behavior: Hakarat ha-tov, recognizing the good that someone or something has provided you. This is a great country for Jews. It is a minimal expectation of citizenship that we participate in the electoral process, and I see it as nothing less than obligatory to show our appreciation of this great country by acting on that expectation.

The second reason may be more controversial. In 1984, Rabbi Moshe Feinstein, the preeminent halachist of the late 20th century, wrote in a letter that all observant Jewish citizens of this country are obligated to vote. He wrote this during an election season in which many people felt the outcome was a foregone conclusion and any individual vote would have no value. Nonetheless, Rabbi Feinstein wrote—at the urging of some people in the know—that there are always people scrutinizing the voting habits of different communities, and that Jews have an obligation to vote in such a way that they will do the most good for their community. And he called it an exercise in “nosei b’ol ha-tzibbur”—the rabbis command one not only not to shirk community responsibility, but to seek out ways in which one may help ease the community’s burdens. So, he argued, where there are consequences for the community—consequences that he did not spell out—all Jews should vote.

Context: Moment Magazine has been doing Independent Jewish Journalism since 1975, and one of the features of each magazine is “Ask the Rabbis”, where they pose a question to a cross-denominational panel. In June 2016, the question posed was about voting.

Which rabbi’s stance resonates for you the most? Why?

Appendix A: A Prayer for Voting

https://www.truah.org/resources/a-meditation-on-voting/