Shoftim
This week's sedra is all about how to build a society from scratch. We read about shoftim: the judiciary; shotrim: law enforcement officers and kohanim, the spiritual leadership, who were joined by non-priests and on occasion, prophets to form a loosely bound legislature, teaching and expounding Torah.
The curious passage is about the Sovereign. At first glance, the Torah, usually patently clear on most matters, does not appear to decide on whether we really ought to have one. The choice seems to be left to the people. What is stranger is that the Torah recognises that the people might want a sovereign ruler "kechol hagoyim" - "like all the nations".
Repeatedly, the Torah teaches us unequivocally that we are an "Am Kadosh" - a separate, holy people with our own special standards. Yet on the issue of a king, the Torah entertains the possibility that we may legitimately desire what other nations hanker after!
What is a King? A rule unto himself! Our Sages teach (Sanhedrin 2:2) "A king - may not sit on a panel of judges, nor be judged". King David is on record as having decided the fate of the lives of seven of Saul's grandchildren. No mention there of consultation with a prophet or lawmaker!
Samuel, who anointed both Saul and later David, chastised the people for opting to ask for a king in the first place. But how can the Torah condone a choice, and a prophet later condemn it?
The commentaries adopt different approaches. Some argue (Midrash Tanaim 17) that Samuel did not object to the choice per se, but to the boisterous way in which the people demanded a king. There is similarly a difference of opinion among the classical commentators as to whether the Torah actually commands us to appoint a king, or whether we are left to decide for ourselves.
Either way, the Torah recognises that a ruler with absolute powers of life and death over the people is, at root, not the best way to do things. Such totalitarianism is a throwback to the Pharaohs of Egypt and monarchs of the Chaldeans. Therefore, the Torah states; "if you ask: set a king over me (us) like all the nations... then you shall surely set a king over you" with the proviso that he is Jewish born, that he does not make himself superior to his brethren, take too many wives, own too much property nor return the people to Egypt.
In effect, we have a Jewish monarch who is taught to be humble, but has recourse to extraordinary powers. Rekanati (13th C) surmises: "it is imperative to appoint him, for you have received him from the Shekhinah - the Divine Presence - who controls the world". This is the nearest we Jews get to the Divine right of kings! James VI of Scotland (James I of England) summarised his own view of kingship thus: "A good King will frame his actions to be according to the law, yet he is not bound thereto but of his good will."
In summary, Samuel fretted over the prospect of royal rule. We pray and yearn for the return of the Davidic Messiah, but remember countless assassinations in the Judean and Israelite dynastic history. A King's traditional autonomy and freedom from the constraints of law is not the ideal for society. It only comes into play when crime is rife, law is not respected and only an iron hand will restore order. A King is there to inspire awe in a lawless atmosphere, restore justice and force everyone into line. For this reason, a blessing is recited on sight of a ruler with these powers; it reminds us of the absolute powers of the Creator and inspires us to cultivate a greater respect for Him. May the genuine Messiah we yearn for come to restore peace and calm into our turbulent world, and return us to the days of glory Israel once enjoyed. Shabbat Shalom.
Rabbi Ariel Abel is Rabbi of Radlett United Synagogue, and Director of the Judith Lady Montefiore College London Semicha Programme. He was recently appointed Fellow of the Institute of Leadership and Management.
