Midreshet Lindenbaum - Parashat Shoftim

Parashat Shoftim
Rav Menachem Leibtag

1. QUESTIONS FOR PREPARATION
2. SHIUR ON PARASHAT SHOFTIM
3. QUESTIONS FOR FURTHER IYUN

PARSHAT SHOFTIM

PART I - QUESTIONS FOR THE 'SHABBOS TABLE'

1. Note from 17:8-9 that it appears that the Kohanim and Leviim serve as judges as well as officiants in the Bet Ha'Mikdash. Can you explain the logic behind this?
The tribe of Levi did not receive its own "nachala" (inheritance), instead, the received cities scattered throughout the country, and a steady income based on ten percent of everyone else's gross income (i.e. "maaser rishon"). In your opinion, what does the Torah expect the Leviim to do with their spare time? [How often did any individual Levite (or Kohen) work in the Bet Ha'Mikdash? See Devarim 18:1-8 as well as I Divrei Ha'yamim chapters 23 thru 26!]
In regard to the responsibilities of Shevet Levi, see also Devarim 33:10 and II Divrei Ha'yamim 35:3.

2. Parshat Shoftim opens with a command to appoint judges 'in all your GATES' ["sha'arecha"].
Does the Torah mean 'gates' literally?
If so, why do the gates of the city have to do with judges?
If not, why does the Torah used the word 'gates'?
Where else in Tanach do we find 'gates' in connection to actions which require a legal court?
[See e.g. Breishit 23:10,18 & 34:24; Devarim 21:19; 22:24; 22:15; Rut 4:1-11; and II Shmuel 15:2.]

Review Breishit 19:1 in regard to Lot sitting at the gate of the city. Note Rashi's commentary on this! Can you explain why?
See also Shmot 32:26 in regard to chet ha'egel.

3. Can the word "sha'ar" also have a more general meaning?
Relate (for example) to Devarim 14:21,28,29 15:22; & 16:14. Which meaning of the word "sha'ar" fits more closely to its use in 16:18 (the examples in question #1 or in question #3)?
[Likewise, note the word "sha'ar" in Zecharya 8:16!]

4. Relate your answers to the above questions to the manner in which ancient cities were built, i.e. to the function of the gate in those walled cities.
Where did most of the people live (inside the walled city or outside of it)? Who did live within the city wall?
What daily activities usually took place near the city gate? Why?
What area in the city was usually used for the market place?
Who would the people in the market area go to should a dispute arise?

5. If you have any books at home on archeology in Israel, look at the pictures of the city gates from the first Temple period uncovered in either Chatzor, Megido, Lachish, Yerushalayim, etc.
Can you find an suitable area within the gate where the "shoftim" could judge the people?
Relate you answer to the above questions.

PART II - QUESTIONS FOR PREPARATION (for weekly shiur)

1.Scan from chapter 12 thru chapter 21 (i.e. Parshiot Re'ay & Shoftim) and attempt to follow the thematic flow of the parshiot, organizing them into several general groups.
[If you need help - note the group of parshiot which deal with "ha'makom asher yivchar Hashem [last week's shiur], the parshiot which deal with the shmita cycle and chagim cycle, the parshiot which deal with various types of leadership, and the parshiot which deal with going to war. (Just gave away most of the answer, but it is still worthwhile to figure this out on your own!)]

2. Attempt now to relate this thematic flow to the purpose of these mitzvot in the CHUKIM & MISHPATIM section.
[Relate to the fact that Bnei Yisrael are now preparing to conquer the land and establish a nation.]

3. Identify the different examples of national leadership that are discussed in the first several parshiot of Parshat Shoftim. Can you define the responsibilities (and need) for each type of leadership?

4. Does the parsha which discusses the 'king' (17:14-20) define what a king CAN do, or CAN'T do, or both?

Does it explain everything that a king can or should do?
If so, what is that definition?
If not, what else do you think a king is supposed to do?
In your opinion, why then does the Torah focus on one specific commandment, i.e. 17:18-20?

5. In your opinion, what should the ideal relationship between the different types of leaders be?

6. In your opinion, is it necessary for Am Yisrael to have a 'king'?
From your understanding of 17:14-20 and its context, does it seem obligatory that Bnei Yisrael appoint a king, or does this mitzvah only apply should Bnei Yisrael voluntarily choose to appoint a king?
[See parshanut section below.]

PART III - PARSHANUT

1. See question 6 above. Based on the context of "parshat ha'melech" (17:14-20) in the CHUKIM & MISHPATIM section of the main speech of Sefer Devarim, would you say that appointing a king is obligatory ["chova"] or an option ["reshut"]? [Relate to the word "v'amarta..." in 17:14.
Relate also to the opening word "ki" of this parsha. Does it mean 'when' or 'if'? I.e. does it relate to the beginning of the sentence or to the middle of the sentence?
See also Devarim 4:25, 6:20, 7:17, 15:7, 19:1, 26:1.]

2. In your opinion, what does the phrase "k'chol ha'goyim" ['like all the nations'/ see 17:14] modify, the type of KING or the type of KINGDOM?
How would this affect your answer to the first question?

3. See Rasag [in Torat Chayim], who comments on 17:15 - "mutar" - it is PERMITTED, but not obligatory. See also Ibn Ezra. What do you think leads Rasag to this conclusion?
[If you have the time, see the controversy on this issue in Sanhedrin 20b.]

4. See Ramban on 17:14.
Note that first he quotes Chazal's opinion [that to appoint a king is a "chova"], and then seems to offer his own opinion [possibly that it is only a "reshut"(?) - read carefully].

Now, note Ramban's explanation of "v'amarta" in his presentation of Chazal's opinion. What problem in "pshat" 'forces' this interpretation? [Is this necessary only if we explain that appointing a king is "chova"?]
What is problematic with the phrase "k'chol ha'goyim"? How does Ramban solve this problem?

5. What difficulty arises when translating the phrase "asher yivchar Hashem Elokecha" - (who God will choose)?
Explain the controversy between Ibn Ezra & Ramban on this? How does the translation of "lo tuchal" (you are not PERMITTED or you are not ABLE) affect the pirush of "asher yivchar Hashem?
See Chizkuni, Ibn Ezra, and Ramban!

6. Read the final section of the Ramban on 17:15 carefully (beginning with "v'al derech ha'pshat amru..."). Note how radical his interpretation of "asher yivchar Hashem" is! Note also how it affects his understanding of "ha'makom asher yivchar Hashem" in chapter 12!!.
In your opinion, does Ramban's understanding of pshat affect this understanding of "nevuah" or visa-versa?!
[Could you relate this approach of Ramban to our understanding of God's "hashgacha" (providence) over historical events in our own era, even though there is "navi" today? (An interesting topic, but for a shiur on "hashkafa", not parshanut.)]

7. See Seforno on 17:14. Relate his pirush to Rasag & Ibn Ezra.
Is his explanation that appointing a king is a "reshut" based primarily on the "pshat" of the psukim, or based primarily on his understanding of the institution of a Kingdom?
Why does Seforno mention the difference between "melech" and "shofet"? According to Seforno, is the "shofet" a more ideal type of leadership? Why does his bring down Bamdibar 27:17?

8. See the Netziv in Ha'amek Davar on Devarim 17:14-20.
How does he solve the problem in pshat of "k'chol ha'goyim"?
How does he solve the problem of "reshut" or "chova"?

9. See Rambam Hilchot Melachim 1:1. Note the Rambam holds that appointing a king is "chova". What do you think leads the Rambam to this conclusion?
Note how the final two chapters of Hilchot Melachim discuss "melech ha'Moshiach". Relate this to Rambam's interpretation of the mitzvah to appoint a king as a "chova".

PARSHAT SHOFTIM

Ideally, which of the following people should lead Am Yisrael:

a Navi (prophet);
a Shofet (judge);
a Kohen (priest);
a Melech (king)?

Whereas Parshat Shoftim mentions each of these four models of national leadership, this week's shiur will attempt to answer this fundamental question.

INTRODUCTION

In our introductory shiur on Sefer Devarim, we explained WHY Parshat Shoftim discusses national leadership. Recall that this week's Parsha forms part of the chukim & mishpatim section (chapters 12-26) of the main speech of Sefer Devarim. This section, which began in Parshat Re'ay, discusses the specific mitzvot that Bnei Yisrael must observe as they enter into the land. This section opens with the requirement to establish national institutions that will facilitate the development of God's special nation as an "am kadosh" - a holy nation. For example, the "makom asher yivchar Hashem" - the site of the Bet Ha'Mikdash - is to become the National Center and geared towards this end.
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 the prophets (18:9-22).
These mitzvot, which pertain to the political and religious leadership of the people, help to steer Bnei Yisrael towards the realization of God's goal, that they become His special nation (see Breishit 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 establishment.

"OR LA'GOYIM"

Our introductory remarks are based on not only our analysis of these mitzvot, but also Moshe Rabeinu's own remarks at the conclusion his first speech (i.e. chapters 1-4). Moshe here explains why Bnei Yisrael should keep all 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 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.

THE NATIONAL INSTITUTIONS IN PARSHIYOT RE'AY & SHOFTIM

The first commandment of the chukim & mishpatim section is the establishment of a National Center - ba'makom asher yivchar Hashem. It is here where Bnei Yisrael are to 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 just one of the many mitzvot which are to facilitate the formation of God's model nation. Recall that 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), 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

We begin our discussion with the first topic addressed in our parsha, the shofet - the establishment of 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...
Justice, justice, you must pursue, in order that you thrive and inherit the land... (16:18-20).

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 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 specifically from the site of the Temple, the National Center. Once again, this mitzvah reflects 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 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, which may only be implicit in Parshat Shoftim (see 17:9), is later stated explicitly by Moshe Rabeinu in his final blessing to Shevet Levi:

"They shall teach Your laws to Yaakov and Your Torah to Yisrael" (Dvarim 33:10).

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 it also details their 'compensation' for this service (see also 18:6-8).

THE NAVI

This section, which deals with shevet Levi, is immediately followed by a discussion of to whom Bnei Yisrael should [and should not] turn 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..." (18:9-22).

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). However, are any one of these leaders expected to provide political leadership as well?

* 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 him as a 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 our scope in this context.]

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 Mishneh 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 is not the standard procedure.]

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 speaks 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' would apply equally to any form of political leadership.

"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 use 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 - on a daily basis (see 17:19!). This is how we can become a 'model nation.' Basically, "parshat ha'Melech" in Sefer Devarim sets the 'guidelines' for the behavior of the political leadership of Am Yisrael so that they fulfill God's destiny. 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.

QUESTIONS 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, a 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 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. Which of the 'shoftim' in Sefer Shoftim are actually referred to as such in Tanach? 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, 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?

6. 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?

7. Try to classify all the "chukim u'mishpatim" from Parshat Re'ay through Parshat Ki-Tetze 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.

For more articles by Rav Menachem Leibtag, visit his web site, www.tanach.org

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