[Par-reg] Parshat Shoftim - shiur

[Menachem Leibtag]

Mazel Tov to Tunie & David Schorr - 
 upon the birth of triplets [3 boys!]

*************************************************************
        THE TANACH STUDY CENTER [http://www.tanach.org]
		In Memory of Rabbi Abraham Leibtag
	Shiurim in Chumash & Navi by Menachem Leibtag
*************************************************************

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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