Walk Through the Parsha by Rabbi David Walk

Rule
Shoftim - 5768
September 5, 2008
This week's parsha is the Torah primer in political science. Because of the conventions and the upcoming elections both in the United States and Israel, many of us have politics on lips and sometimes, actually, on our minds. So, it's convenient that the parsha gives us some guidelines on governance. Before we get to details about the nature of government in Jewish tradition, it's important to understand the purpose of having this apparatus. When the people come to an unhappy Shmuel, the prophet, they are very clear that they need a king to provide for the common defense (Samuel I 8:19 and the Preamble to the Constitution of the United States). The problem that vexed Shmuel (besides the rejection of his sons as potential successors) was that they also said that the king should be like all the other nations (verses 4 & 19). Our kings must be conceptually different from other kings.

This week's parsha introduces two of the most revolutionary ideas in the history of civilization. The first is that a Jewish government requires an independent judiciary. It is clear from our reading that judges and police function separately from the king or the executive branch. Actually we were supposed to set up the judiciary system before the king. We Americans saw the dangers of Justice Department under the thumb of the president in the early seventies and again under our previous Attorney General. So, the law is established by the great court in Jerusalem. Execution of it is left to others.

The next innovation of the Torah's view on government was the concept of constitutional monarchy. The king was required to heed the Torah and its laws. While absolute monarchs were the norm until the eighteenth century, Judaism instituted limited monarchy three thousand years earlier. While other potentates often appeared with symbols of their unlimited power (scepters, orbs, or fasces) our king went nowhere without a Torah scroll which inhibited any thought of absolute power. In fact tradition demanded that the scroll be attached to his arm. That arm should do nothing without the Torah controls being applied. Later rabbinic opinions assumed that Jewish kings were answerable to the courts, as well. These two ideas are remarkable in their modernity.

One other idea is clear from the turbulent period of the judges (about 1200-1000 BCE). We would be happiest if we had no government at all. The best society would be one that functions based upon the goodness of the citizenry. This concept was best expressed by the charismatic leader Gideon. When refusing the throne, he said, "I shall not rule over you, and my son will not rule over you; the Lord will rule over you (Judges 8:24)." The entire issue of governments is a concession to the frailties of humankind. It beats anarchy, but not by much.
All of this is fascinating. However, I'm not sure exactly what it has to do with real life. We don't have a Jewish king and until the advent of Moshiach, whom we await daily but can't plan on (He's not on any schedule we recognize.), we won't have one. Besides that, no one is asking us how to set up a government. Courses in Biblical Poli Sci are not very common, although they could be informative. So, what do we do with this material?

The most obvious recycling of this idea applies to the season. Since one of the three major themes of Rosh Hashanah is called Malchiyot, kingship (the other two are zichronot, remembrances and shofrot, trumpet blasts), we can easily morph our section about the appointing of a king into a description of the annual coronation of God as Sovereign over us all. We expend great energy at this time of year convincing ourselves of God's rule over the world and God's particular interest in every one of us. Therefore we have a ready made alternate use for this precept.

However, when you look at the verse which actually dictates this model of monarchy, another possible approach comes into focus: You shall set a king over you, one whom the Lord, your God, chooses; from among your brothers, you shall set a king over yourself…And it will be, when he sits upon his royal throne, that he shall write for himself two copies of this Torah…And it shall be with him, and he shall read it all the days of his life, so that he may learn to fear the Lord, his God, to keep all the words of this Torah…So that his heart will not be haughty over his brothers, and so that he will not turn away from the commandment, either to the right or to the left, in order that he may prolong his days in his kingdom, he and his sons, among Israel (Deuteronomy 17:15-20). Notice the repetition at the beginning of the quote. There should be a king chosen by a God, but it looks like there is another king that each person accepts individually upon him/herself. Who is this other king that everyone must select for themselves? Someone who will study the Torah, then carefully follow its instruction and never feel superior to anyone because of this piety. By following those directions this character will be afforded long life and heirs. I believe that this other ruler is none other than each and every one of us.

Rabbi Dr. Avraham Twerski writes in his book Successful Relationships that many relationships fail over control issues. That many people impose unhealthy controlling attitudes over others. However, Rabbi Twerski asserts that there is one form of control which is positive and engendering, and that is self control. Even small doses of self control can help a person deal with substance abuse or issues of self esteem. That little governor in our consciousness, which delays gratification and controls our urges, is the king to whom we should all subjugate ourselves.
This monarch needs guidance which the Torah and mitzvoth can provide. When the Torah is the road map for this private kingdom then it assured a good reign now and a long dynasty into the future.