Shoftim 5780 Judges, Justice & Kings

(18) You shall appoint magistrates and officials for your tribes, in all the settlements that the LORD your God is giving you, and they shall govern the people with due justice.

(19) You shall not judge unfairly: you shall show no partiality; you shall not take bribes, for bribes blind the eyes of the discerning and upset the plea of the just.

(20) Justice, justice shall you pursue, that you may thrive and occupy the land that the LORD your God is giving you.

(21) You shall not set up a sacred post—any kind of pole beside the altar of the LORD your God that you may make—

(22) or erect a stone pillar; for such the LORD your God detests.

(1) צדק צדק תרדוף. When you are about to put this legislation into practice, the party in charge of appointing such judges is told by Moses to select only those who are already known for their sense of fair play and righteousness. He will have to look for such people all over the tribe. If potential judges do not have all the qualifications which are desirable in a judge, this qualification of fairness is the overriding quality all must possess. This is what the prophet Samuel was told by G’d when he had to look for a replacement of King Sha-ul among the sons of Yishai. (Samuel I 16,7) He was specifically told to ignore external appearances.

(2) למען תחיה וירשת, such qualities are of even greater importance in the Land of Israel, as a failure to comply would result in the ancestral right to that country being denied to you. Compare Isaiah 57,17 who quotes G’d as telling him that a corrupt judiciary [getting away with sinful greed? Ed.] was a primary cause for G’d’s anger at the people.

(1) "In the days the judges judged (Ruth 1:1)" [which could also be "the judges were judged"]. Woe to a generation that judges its judges and woe to a generation whose judges need to be judged. As it says: "And they didn't listen to their judges (Judges 2:17)". Who were those judges? Rav said: "They were Barak and Deborah". Rabbi Yehoshua Ben Levi said: "They were Shamgar and Ehud". Rav Huna said: "They were Deborah, Barak, and Yael". 'Judge' means one, 'judges' two, and 'the judges' three".

(1) אשימה עלי מלך ככל הגויים, a monarch whose authority will be transferred from him to his biological heir after his death throughout the generations. This is quite different from judges, each of whom is appointed for his lifetime, with his heirs having absolutely no claim to succeed their father. The people were commanded to appoint such a hereditary position of king after they had conquered and settled in the land of Israel, the principal reason being to ensure that the Jewish people would not be like a flock without a shepherd, (Moses’ words in Numbers 27,17.)

(2) The fact is that G’d disapproved of a hereditary type of monarchy such as is customary among the gentile nations, so that He stipulated that if the people insisted on appointing a king who would start a dynasty, the initial king had to be approved not only by the people but by G’d’s representative on G’d’s behalf, as we know from Samuel I 8,18. The restrictions in appointing the original king were designed to ensure that such a king could not lead the people away from G’d’s Torah; on the contrary, they are meant for the people to see in him a shining example of Torah-observance, which in turn would inspire their own piety. Seeing that when the people asked Samuel for a king their purpose was far from what the Torah had legislated having a king for, the people were suitably punished as per the verse in Samuel I 8,18 that we referred to earlier. The prophet Hoseah 13,11 describes G’d granting the people’s wish as stemming from the fact that He was angry at them. Summing up, we may view the permission to appoint a king as being in the same category as the permission for a soldier to marry a physically attractive prisoner of war. G’d, the master psychologist, knows that sometimes in order to become wise enough to appreciate the Torah’s prohibitions, an individual, or even a whole nation, must find this out by having chosen in their own wisdom to ignore the Torah’s preferences. David’s experiences with his son Avshalom, born to such a prisoner of war whom he married because he was initially physically attracted to her, bears this out. In fact, his experience with his son Adoniah was not much better. (compare Tanchuma Ki Teytze, section 1).

(1) ולא ירבה לו נשים NEITHER SHALL HE MULTIPLY WIVES TO HIMSELF only eighteen, for we find that David had six wives, and it was announced to him (by Nathan the prophet): “[Thus saith the Lord … I gave thy master’s wives into thy bosom] … and if that had been too little, I would add unto thee such and such as these (i.e. twice as many)” (Sanhedrin 21a).

(2) וכסף וזהב לא ירבה לו מאד NEITHER SHALL HE GREATLY MULTIPLY TO HIMSELF SILVER AND GOLD — but only as much as he needs for his soldiers’ pay (Sanhedrin 21a).

(1) והיה כשבתו AND IT SHALL BE WHEN HE SITTETH [UPON THE THRONE OF HIS KINGDOM] — if he acts thus (as prescribed in the previous verses) he is worthy that his kingdom should endure (Sifrei Devarim 160:1).

(2) את משנה התורה [HE SHALL WRITE HIM] A משנה תורה — i.e. two scrolls of the Law, one that is placed in his treasury and the other that goes out and comes in with him (i.e. a small scroll which he carries everywhere with him) (Sanhedrin 21b). Onkelos, however, renders משנה by פתשגן, a copy; he thus interpreted the word משנה in the sense of שנן, repeating and uttering.