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Shoftim
Deuteronomy 16:18-21:9
The Torah presents different models of leadership in this week’s parashah. We are introduced to judges, priests, kings and prophets. Each one of these models has its parameters, but complements the others to ensure a balance of power within the Jewish people.
“Judges and officers shall you appoint in all of your cities….” (Deuteronomy 16:18)
This essentially refers to the members of the Sanhedrin (Jewish court) who are responsible for both adjudicating and legislating on behalf of the people of Israel. The position of judge was appointed by the existing courts and was based on meritocracy. The more learned the individual, the higher the status in the Sanhedrin. The tribe of Issachar was particularly known for producing a disproportionate number of leaders of the Sanhedrin since their primary occupation was Torah study. (See Rashi’s Comment on Deuteronomy 33:18)
“When a matter of judgment is hidden from you — between blood and blood, between judgment and judgment, between ailment and ailment, words of quarrel in your gates, you will arise and go up to the place that the Lord your God will choose. You will come to the Kohanim (Priests), the Levites, and to the Judge that will be in those days, and you will inquire and they will tell you the matter of judgment. You will do according to the word that they will tell you from that place that God will choose, and you will be careful to do according to all that they will instruct you.” (Deuteronomy 17:8-10)
The judges are given the role of upholding the system of justice with respect to civil and criminal law. When it comes to religious law, that becomes the domain of the Kohanim, or priests. When the Torah mentions distinctions between blood and blood, it is referring to issues of spiritual ritual purity. The ailments are specific to the spiritual disease of tzaraat, which has physical symptoms, but can only be declared impure by word of the Kohanim.
The primary role of the Kohanim was to minister to God in the Temple, but they were also critical in ensuring that the entire people of Israel followed religious laws and rituals.
“You shall place over yourself a king that the Lord your God will choose, from amongst your brethren you will place over yourselves a king — you may not place over yourselves a foreign man for he is not your brother.” (Deuteronomy 17:16)
Ironically, there is no job description laid out for a king in the Torah itself. On the contrary, the Torah lists a series of rules that limit the king so as to prevent personal corruption.
“Only he shall not have too many horses so that he does not lead the people back to Egypt to increase horses. For God has told you not to return on this way and more. And he will not have too many wives so that they should not turn his heart astray, and silver and gold he should not acquire in abundance.” (Deuteronomy 17:16-17)
Clearly, there is a concern that the king’s engagement in excesses will be damaging to his character. The Torah goes even further and instructs the king to write the book of Deuteronomy in a scroll in the presence of the Kohanim. That scroll should always be with him, and he should read it always in order to learn to fear Hahem his God to keep the ways of the Torah and its laws. (Deuteronomy 17:18-19) The Torah does not enumerate the privileges or powers of the king; rather, it directs us to make sure that a king does not become corrupt. In the Book of Samuel, Samuel the Prophet chose Saul as the first king of Israel and was also responsible for anointing David in his place. Saul lost his kingdom due to corruption. A few generations later, Solomon’s kingdom was also split as a result of his moral failings. We see that good character is a necessary imperative of the monarchy.
“A prophet from the midst of your brethren like me God will establish for you — to him will you listen.” (Deuteronomy 18:15) The final category or leader within the Jewish people is the prophet. The prophet is supposed to provide direct communication from God and, as mentioned, is responsible for the initial appointment of the first kings. His or her role is to set the nation straight and ensure that they are following God’s laws. They are not, however, allowed to introduce new laws on God’s behalf. That was a unique role that Moses played.
The interdependence of all of these leaders on each other is evident. A king cannot bring an offering in the Temple without a Kohen as his agent. The Sanhedrin can interpret Torah law, which becomes binding on the kings, the prophets and the Kohanim. The fears of a tyranny are mitigated through the involvement of all the various authorities. This is the vision of the theocracy that Jews pray for three times a day. As a result of the destruction of the Second Temple in Jerusalem and the exile that accompanied it, we no longer have a functioning system.
Kohanim have lost their authority, God is no longer sending prophets, and we have no more kings. The sages still issue rulings, but they have a fraction of their original power to legislate and very little judicial authority as well.
Jews remain hopeful that we can rebuild the Temple and repair the relationship that we have with God so that we can once again enjoy a world with the perfect ecosystem for living on this planet.