The Abarbanel's Radical Theory that the Torah Favours Democracy

When you come to the land which the L-rd your G-d gives to you and you inherit it and inhabit it, and you say: I shall place over myself a king, as all the nations that are around me, You shall place over yourself a king whom the L-rd your G-d shall choose; from the midst of your brothers shall you place over yourself a king. You shall not be able to place over yourself a strange man, who is not your brother.

(4) All the elders of Israel assembled and came to Samuel at Ramah, (5) and they said to him, “You have grown old, and your sons have not followed your ways. Therefore appoint a king for us, to govern us like all other nations.” (6) Samuel was displeased that they said “Give us a king to govern us.” Samuel prayed to the LORD, (7) and the LORD replied to Samuel, “Heed the demand of the people in everything they say to you. For it is not you that they have rejected; it is Me they have rejected as their king......But the people would not listen to Samuel’s warning. “No,” they said. “We must have a king over us, (20) that we may be like all the other nations: Let our king rule over us and go out at our head and fight our battles.” (21) When Samuel heard all that the people said, he reported it to the LORD. (22) And the LORD said to Samuel, “Heed their demands and appoint a king for them.”

Rav Yehuda said in the name of Shmuel, "Everything mentioned in the portion of the King, the king is permitted to do". Rav said, "The portion only refers to [the king's powers] to strike fear into [the people], as it says "You shall place a king over you", meaning that the fear will be upon you.

This is a matter of dispute between Tannaim: R' Yose says "Everything mentioned in the portion of the King, the King is permitted to do". Rav Yehudah said, "The portion only refers to [the king's powers] to strike fear into [the people], as it says "You shall place a king over you", meaning that the fear will be upon you."

And so R' Yehudah said: "Israel was commanded to do three mitzvot upon entry to the land: To appoint a king for themselves, to eradicate the offspring of Amalek and to build a Holy Temple for themselves."

R' Nehorai says, "This passage was only said in response to [the people's] complaints, as it says, "And you [will] say, I shall place a king over me".

R' Eleazar bar Tzadok says, "The wise men of the generation made a proper request, as written, "Appoint a king for us, to govern us" (I Samuel 8:4-5), but the common people amongst them spoke wrongly, as written, "that we may be like all the other nations".

The Rabbis say: God said to Israel: ‘I planned that you should be free from kings.’ Whence this? As it is said, A wild ass used to the wilderness {Jer. Two: Twenty-Four}: just as the wild ass grows up in the wilderness and has no fear of man, so too I planned that you should have no fear of kings; but you did not desire so: ‘that snuffeth up the wind in her pleasure’ (Jer. 2:24), and ‘wind’ is nothing but kingship. Whence this? As it is said, And, behold, the four winds of the heaven broke forth upon the great sea (Dan. 7:2). God said: ‘Should you assert that I do not know that in the end you will forsake me, already long ago I have forewarned [you] through Moshe, and said to him: ‘Seeing that in the end they will ask for a mortal king, let them appoint one of their own as a king, not a foreigner.’’ Whence this? From what we have read in the section, AND SHALT SAY: I WILL SET A KING OVER ME, ETC. (Deut. 17:14).

…the Rabbis say: When kings arose over Israel and began to enslave them, God exclaimed: ‘Did you not forsake me and seek kings for yourselves?’ Hence the force of, I WILL SET A KING OVER ME.

This bears out what Scripture says, Put not your trust in princes (Ps. 146:3). R’ Simon said in the name of R’ Joshua b. Levi: Whosoever puts his trust in the Holy One, blessed be He, is privileged to become like unto Him. Whence this? As it is said, Blessed is the man that trusteth in the Lord, and whose trust the Lord is (Jer. 17:7). But whosoever puts his trust in idolatry condemns himself to become like [the idols]. Whence this? As it is written, They that make them shall be like unto them (Ps. 115:8). The Rabbis say: Whosoever puts his trust in flesh and blood passes away and his dignity also passes away, as it is said, Nor in the son of man in whom there is no help (Ps. 146:3). What follows on this verse? His breath goeth forth, he returneth to his dust. God said: ‘Although they know that man is nought, yet they forsake my Glory and say: ‘Set a king over us.’ Why do they ask for a king? By your life, in the end you will learn to your cost what you will have to suffer from your king.’ Whence this? As it is written, All their kings are fallen, there is none among them that calleth unto Me (Hos. 7:7.

Another comment on, I WILL SET A KING OVER ME. The Rabbis say: The Holy One, blessed be He, said, ‘In this world you asked for kings, and kings arose in Israel and caused you to fall by the sword.’ Saul caused them to fall on Mount Gilboa. Whence this? And the men of Israel fled from before the Philistines (I Sam 31:1). David brought about a plague, as it is said, So the Lord sent a pestilence upon Israel (II Sam. 24:15). Ahab was the cause of the withholding of rain from them, as it is said, There shall not be dew nor rain these years, etc. (I Kings 17:1) Zedekiah was the cause of the destruction of the Temple. When Israel saw what befell them on account of their kings they all began to cry out: ‘We do not desire a king, we desire our first king,’ [as it is said], For the Lord is our Judge, the Lord is our Lawgiver, the Lord is our King; He will save us (Is. 33:22). Whereupon God replied: ‘By your life, I will do so.’ Whence this? For it is said, And the Lord shall be king over all the earth, etc. (Zc. 14:9).’

R' Moshe ben Maimon (1138-1204)

(1) Israel was enjoined with three Commandments upon entering the Land: to appoint a king, as it says, “you shall set a king over yourselves” (Deut. 17:15); to destroy the descendents of Amalek, as it says “erase the memory of Amalek” (Deut. 25:19); and build the Temple, as it says, “you shall seek His habitation, and there you will come” (Deut. 12:5).

(2) The appointment of the king comes before the war with Amalek, as it says, “G-d has sent me to anoint you king…Now, go and smite Amalek” (I Samuel 15:1-3). The eradication of Amalek precedes the construction of the Temple, as it says, “and it was so, when the king was settled in his home, and G-d allowed him respite from his enemies all around. And the king said to Nathan, the Prophet, ‘I am living in a house of cedar…’” (II Samuel 7:1-2). Now, since the appointment of a king is a Commandment, why did G-d not want (a king) when the people asked Samuel for one? Because their request was merely due to resentment, and not for the purpose of fulfilling a Commandment. They had rejected Samuel the Prophet, as it says, “as they have forsaken Me…so do they also with you” (I Samuel 8:7).

R' Moshe ben Nachman (1194-1270)

AND THOU SHALT SAY: ‘I WILL SET A KING OVER ME.’ In the opinion of our Rabbis [who say that “The Israelites were obliged to fulfill three commandments upon their entry into the Land: to appoint a king etc.”] this verse is like “and thou shalt surely say ‘I will set a king over me.’” This is a positive commandment, for He has obligated us to say so after conquering and settling [in the Land]. The expression is similar to and thou shalt make a parapet for thy roof [which is also a matter of obligation and not one of choice], and other verses besides these. He mentioned and thou shalt say because it is commanded that the people come before the priests of the tribe of Levi, and to the judge and say to them, “It is our wish that we set a king over us.”
It is my further opinion that this is also one of his [Moshe's] allusions to future events, for so it happened when the people asked for Saul, saying to Samuel, Now make us a king to judge us like all nations, and similarly it is written there, that we also may be like all the nations, and that our king may judge us etc. For what reason is there that the Torah should say in connection with a commandment [‘I will set a king over me] like all the nations that are round about me’ when it is not proper for Israel to learn their ways and neither be envious against the workers of evil. But this is an allusion to what will be, and therefore the section is written in an intermediate tense, as I have already explained.

R' Yitzchak Abarbanel (1437-1508)

The first introductory point is that behold, it is fitting that we know if a king is a necessary and intrinsically obligatory thing for a nation or whether it is possible without him. And the philosophers already thought that it was [necessary] and that the dominion of a king to a politically organized nation is like the relationship of the heart to the body of a living being that has a heart, and like the relationship of the First Cause to the world more generally. And even though these analysts reason that monarchy insures three things – the first being unity and the absence of [division], the second being continuity and the lack of [instability], and the third being absolute power – [in fact], their thinking about the obligation and necessity of a king is actually false. [This] since it is not to be denied that there can be many leaders of the people that gather and unite and agree upon one policy and that the leadership and law be according to them – and this goes against the first [claim]. And why should their leadership not be [for] one year or three years like the years of an employee or less? And when the turn of other 'judges and officers' arrives, they will rise instead of them and faithfully investigate the sin of the first ones, and that which they condemn must pay all that they have done badly – and this goes against the second [claim]. And why should their power also not be limited, as with religions and mores [– and this goes against the third claim].

And logic dictates that when an individual [disagrees] with a group, the law follows the group. And it is more likely that the lapse be with one man – as it stated (Proverbs 16:14), “The king’s wrath is a messenger of death” - than it be that the many would trespass when they take counsel together. As if one strays from the path, the others will protest against him. And since their leadership is temporary and they will have to be accountable after a 'few days,' that fear of flesh and blood is upon them. And why do we need to bring theoretical claims for this, as behold, experience trumps modeling: Look and see the lands the leadership of which is with kings, and [by contrast,] today we have seen many lands the leadership of which is is with temporary judges and leaders that are chosen among them and the King God is with them. Their law is refined by ordered limits, and [their leaders] are the ones that control the people that make the matters of war; none can stand in front of them – not from a tribe, and not from his land. Did you not know, did you not hear that a great land governed over the whole world, consumed the whole earth – search it and note it – while its leadership was through the Councils, that were wholesome and many and their leadership was temporary. However, afterward they were made a tributary. And also today, the Commonwealth of Venice, that great mistress among the nations, the rulers over states; and the Country of Florence, the beauty of all the lands; and other countries small and large are run by the mouth of leaders elected for set periods of time. And behold, the elected governments have 'in them nothing perverse or crooked' – no one raises his hand or foot to [do] a wrongful thing – and they conquer lands that are not theirs with wisdom, understanding and knowledge. And all of this shows that the presence of a king is not necessary for a nation, and like the teacher of the Guide (Maimonides) mentioned. And it is a wonder about this supposed opinion, that compares the unity of a [human] king over the control and will of people to the unity of the ancient necessary First Cause, may He be blessed. However, [even] in an animal body, the sages have already written that there are three main organs in its governance. And even according to the opinion of the head of the philosophers that only the heart is the main [one], behold, this is concerning the generation of the spirit, but it does not contradict that the government of the living faculties is from the brain, and the natural ones is from the liver. In the final analysis, it is impossible for natural matters not to be like this; as from the act of [Divine] will, they are [only] from the substance of that [which] is possible - ‘how can straw be compared to grain?’ And one should not ask from the statement (Proverbs 28:2), “When there is rebellion in the land, its ministers are many,” as there it is speaking about ministers, not about leaders and judges. And how will we [miss] that which is well-known among all, that when the leaders are good, it is better that they be many; and if they are bad, it is more dangerous. And therefore, I think that the kings were not set up with the examination of the people at first, and as it is written (Isaiah 7:6), “We will march against Yehudah and invade it […], and we will set up a king in it.” And even if they were only appointed by way of trustees to serve the people, and they are made masters, as if God, may He be blessed, gave them the ‘land and its fullness’; and they bequeathed it to their sons after them forever, as if it was land that he bought with his money, this too is ‘not worthwhile (literally, the same)’ with all reigns, as there will be kings that do not have leadership abilities. And this is the First Introduction...

R' Yitzchak Abarbanel (1437-1508)

And after these two introductions, we come to explain the section in the Torah relating to the king and the subject of the mitzvah in truth. In fact, when it says "When you arrive in the land that Hashem, your God, is giving you and inherit it and live in it, and you say, ‘‘Let me appoint over me a king like all the nations around me", there is no mitzvah whatsoever in this, for God did not command that we say this and ask for a king. Rather, here is (just) foretelling of the future...[so when it says] 'Set a king over yourself...one of your own people', it is not commanding them to ask for [a king], [rather it is saying] that if they ask for one of their own volition, they should choose as God instructed from among their brethren, and so this matter of a king is a positive commandment that depends on a discretionary matter. [That is] as if to say when you want to do this, [although] it is inappropriate, do not except in this particular way. This is similar to the section of "When you go out to war against your enemies...and you see among the captives.." where it is not a mitzvah to lust after her and sleep with her but one cannot take her and sleep with her as she is, but this is a discretionary matter and stimulated by the yetzer hara, and the mitzvah is after the first cohabitation, where it says "You shall bring her into your household", as our sages of blessed memory said (in Kiddushin 21b.).

But Moshe’s father-in-law said to him, “The thing you are doing is not right; you will surely wear yourself out, and these people as well. For the task is too heavy for you; you cannot do it alone. Now listen to me. I will give you counsel, and God be with you! You represent the people before God: you bring the disputes before God, and enjoin upon them the laws and the teachings, and make known to them the way they are to go and the practices they are to follow. You shall also seek out, from among all the people, capable individuals who fear God—trustworthy ones who spurn ill-gotten gain. Set these over them as chiefs of thousands, hundreds, fifties, and tens, and let them judge the people at all times. Have them bring every major dispute to you, but let them decide every minor dispute themselves. Make it easier for yourself by letting them share the burden with you. If you do this—and God so commands you—you will be able to bear up; and all these people too will go home unwearied.” Moshe heeded his father-in-law and did just as he had said. Moshe chose capable individuals out of all Israel, and appointed them heads over the people—chiefs of thousands, hundreds, fifties, and tens; and they judged the people at all times: the difficult matters they would bring to Moshe, and all the minor matters they would decide themselves.

R' Yitzchak Abarbanel (1437-1508)

The fifth question concerns Yitro's advice to Moshe regarding the appointment of judges. For Yitro's words are good and acceptable but it is the easiest thing to understand and know that it is foolish advice for one man to stand from morning to night to judge for then they will be worn out and [both] the judge and those being judged will be weary. And how could Moshe Rabbeinu and all the elders of Israel not give some thought to this to know that if they appointed judges for the people that would ease [the burden] for him. And who does not know all this, that it is fit for the judges to be men of valour, God-fearing men of truth, haters of profit that Yitro needed to teach this to the master of the prophets and greatest of the sages Moshe Rabbeinu, to the point where the verse says "And Moshe heard the voice of his father-in-law and did all that he said". And already many have spoken on this very much against the master of prophets that he was lacking in a leadership trait, and they say that because he was secluded in prophecy he lacked the touch for the wisdom of traits. But this is false for the completeness of his teachings testify to his wisdom in them, and how could God not not teach him such simple knowledge and understanding as this.

The sixth question is in the multiplying of judges which Yitro advises and Moshe enacts, officers of thousands and officers of hundreds, officers of fifties and officers of tens. For in the case of justice it is sufficient to have officers of thousands, and what is the need for officers of hundreds and all the more so officers of tens, for it is known that what officers of fifties do is the same as what officers of hundreds do [and] officers of tens are something completely extraneous and redundant. And if until that point it had been sufficient for Moshe alone to judge the whole nation, how is it that afterwards it was not enough to have ten or twenty leaders and judges, and they chose to do all this from the judges who numbered 48,000, and our Rabbis taught [regarding] judges as is proven in the first chapter of Sanhedrin and as Rashi brings in his commentary...

And the third possibility is that it is regarding general leadership. And the matter is that in a large city with officers in provinces there are things that are only fit to be done in a gathering of a thousand men assigned to them. And there are things that can be done by agreement and counsel of 100 advisors assigned to them. And there are things that are done by the agreement and counsel of fifty or forty men assigned to them. And there are things to which only ten are assigned, by their word is [decided] every dispute and injury. And know that all these kinds of advisors that I mentioned exist today in the great city of Venice. For there is among them the large advisory body which numbers more than a thousand men [the Maggior Consiglio]. And there is another advisory body called the Pregadi which comprises only 200 men. And there is another advisory body of 40 men called Quarantia and there is another advisory body of ten men called the Consiglio dei Dieci. And I have no doubt that it is regarding this that it says here officers of thousands and officers of hundreds, officers of fifties and officers of tens - officers of thousands meaning a thousand men who are officers in an advisory body, officers of hundreds meaning a hundred men who are officers in another advisory body, officers of fifties who are in another advisory body and officers of tens who are in another advisory body. And this number was not tied to those being judged but to the judges and leaders who, according to the matters being consulted, were the advisers appointed to lead them...

R' Yitzchak Abarbanel (1437-1508)

And from what I have explained it seems that Moshe Rabbeinu made many changes from the advice of Yitro his father-in-law. First, he advised that Moshe himself appoint the officers according to his will and choice but Moshe did not do that, rather he said to the nation, "Pick from each of your tribes candidates who are wise, discerning etc."...

You shall also seek out, from among all the people, capable individuals who fear God—trustworthy ones who spurn ill-gotten gain. Set these over them as chiefs of thousands, hundreds, fifties, and tens, and let them judge the people at all times. Have them bring every major dispute to you, but let them decide every minor dispute themselves. Make it easier for yourself by letting them share the burden with you. If you do this—and God so commands you—you will be able to bear up; and all these people too will go home unwearied.” Moshe heeded his father-in-law and did just as he had said. Moshe chose capable individuals out of all Israel, and appointed them heads over the people—chiefs of thousands, hundreds, fifties, and tens;

Thereupon I said to you...Pick from each of your tribes candidates who are wise, discerning, and experienced, and I will appoint them as your heads.” You answered me and said, “What you propose to do is good.” So I took your tribal leaders, wise and experienced men, and appointed them heads over you: chiefs of thousands, chiefs of hundreds, chiefs of fifties, and chiefs of tens, and officials for your tribes.

From the wilderness of Sin the whole Israelite community continued by stages as יהוה would command. They encamped at Rephidim, and there was no water for the people to drink. The people quarreled with Moshe. “Give us water to drink,” they said; and Moshe replied to them, “Why do you quarrel with me? Why do you try יהוה ?” But the people thirsted there for water; and the people grumbled against Moshe and said, “Why did you bring us up from Egypt, to kill us and our children and livestock with thirst?” Moshe cried out to יהוה, saying, “What shall I do with this people? Before long they will be stoning me!” Then יהוה said to Moshe, “Pass before the people; take with you some of the elders of Israel, and take along the rod with which you struck the Nile, and set out. I will be standing there before you on the rock at Horeb. Strike the rock and water will issue from it, and the people will drink.” And Moshe did so in the sight of the elders of Israel. The place was named Massah and Meribah, because the Israelites quarreled and because they tried יהוה, saying, “Is יהוה present among us or not?” Amalek came and fought with Israel at Rephidim. Moshe said to Joshua, “Pick some troops for us, and go out and do battle with Amalek. Tomorrow I will station myself on the top of the hill, with the rod of God in my hand.” Joshua did as Moshe told him and fought with Amalek, while Moshe, Aaron, and Hur went up to the top of the hill. Then, whenever Moshe held up his hand, Israel prevailed; but whenever he let down his hand, Amalek prevailed. But Moshe’s hands grew heavy; so they took a stone and put it under him and he sat on it, while Aaron and Hur, one on each side, supported his hands; thus his hands remained steady until the sun set. And Joshua overwhelmed the people of Amalek with the sword. Then יהוה said to Moshe, “Inscribe this in a document as a reminder, and read it aloud to Joshua: I will utterly blot out the memory of Amalek from under heaven!” And Moshe built an altar and named it Adonai-nissi. He said, “It means, ‘Hand upon the throne of יהוה !’ יהוה will be at war with Amalek throughout the ages.” Jethro priest of Midian, Moshe’s father-in-law, heard all that God had done for Moshe and for Israel, God’s people, how יהוה had brought Israel out from Egypt.

Thereupon I said to you, “I cannot bear the burden of you by myself. Your God יהוה has multiplied you until you are today as numerous as the stars in the sky.— May יהוה, the God of your ancestors, increase your numbers a thousandfold, and bless you as promised.— How can I bear unaided the trouble of you, and the burden, and the bickering! Pick from each of your tribes candidates who are wise, discerning, and experienced, and I will appoint them as your heads.” You answered me and said, “What you propose to do is good.” So I took your tribal leaders, wise and experienced men, and appointed them heads over you: chiefs of thousands, chiefs of hundreds, chiefs of fifties, and chiefs of tens, and officials for your tribes. I charged your magistrates at that time as follows, “Hear out your fellow Israelites, and decide justly between one party and the other—be it a fellow Israelite or a stranger. You shall not be partial in judgment: hear out low and high alike. Fear neither party, for judgment is God’s. And any matter that is too difficult for you, you shall bring to me and I will hear it.” Thus I instructed you, at that time, about the various things that you should do.