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Sunday, August 16, 2015

Parashat Shoftim 5775 - Democracy, Theocracy and Monarchy

Echoes of Eden
Rabbi Ari Kahn
Parashat Shoftim 5775
Democracy, Theocracy and Monarchy

Running any enterprise, whether it is a home, a business, or a country, is complex. As in so many other aspects of life, a delicate balance must be struck between competing considerations.

In Parashat Shoftim, the Israelites time in the desert nears its end, and a new reality awaits them on the other side of the Jordan River. As they begin the next phase of their life as a nation in their homeland, Israel will face the dilemma of competing considerations, and much of Parashat Shoftim is taken up with issues that must be resolved in order for the new commonwealth to thrive.

In the desert, Moshe is the supreme leader. In a certain sense, he has the authority and status of king, despite what seems an almost conscious avoidance of the trappings of monarchy on his part. He is also the supreme religious leader. As it is clear that Moshe will not be crossing the Jordan with them, a new tension arises: How will their new country be governed? What is to be the form of authority? Will their nation-state be a monarchy or a theocracy? Which of the roles filled by Moshe will take precedence, and how will the polity be structured?

The concept of kingship is introduced in this Parashah, but, surprisingly, not as a command but as a possibility. It appears that the king described in the Torah is appointed, if not elected, by the people: Should they choose to appoint a monarch, he is to be invested with substantial, but not absolute, authority and power.
        
On the other hand, this same Parashah introduces the court system, which has both judicial and legislative powers. This system of courts is deemed the final arbiter in all instances of interpersonal conflict or religious issues. Whenever a clarification of law or a decision regarding its application is required, we are instructed to turn to the courts, and not to the king, for a decision. (Dvarim 17:8-13) The court of which the Torah speaks is what we might call a religious court, and it stands as a counter-balance to the monarchy.

The era of the one man show, in which Moshe stood at the top of both the political and the judicial/religious systems, would now come to an end. Instead, two competing arms of government would be established: a democratically appointed monarch, and a legal system based on the principle of majority.

Let us consider this first institution, the seemingly oxymoronic democratically selected monarch. A careful reading of Maimonides Law of Kings is instructive:
                              
Once a king is anointed, he and his descendants are granted the monarchy for eternity, for the monarchy is passed down by inheritance, as Devarim 17:20 states: 'Thus, the king and his descendants will prolong their reign in the midst of Israel.'This applies if the knowledge and the fear of God of the son is equivalent to that of his ancestors. If his fear of God is equivalent to theirs but not his knowledge, he should be granted his father's position and given instruction. However, under no circumstance should a person who lacks fear of God be appointed to any position in Israel, even though he possesses much knowledge. (Laws of Kings 1:7)

Surprising as this may seem, despite the creation of a monarchy which is passed down from generation to generation through a chosen family line, the chain of inheritance is not guaranteed. A determination must be made that the heir to the throne is in fact a worthy successor. The question is, who decides? Who determines whether the king is fit, and whether or not his descendants are worthy?  Apparently, this power is in the hands of the people (perhaps through the agency of their representatives on the Great Court, the Sanhedrin HaGadol). The process through which this power is exercised creates the contours of a unique type of democracy.

The power of the monarch is subject to even more stringent limits from another quarter: Aside from the role of the people in choosing to appoint a king and approving the chain of inheritance of the monarchy, the king is subject to the laws of the Torah as they are interpreted and applied by the Great Court. The judicial-legislative arm of government stands above the monarchy; the political arm of government is secondary to the theological arm of government. We may say, then, that the system of governance prescribed in Parashat Shoftim is a democratically conceived monarchy ruled by theocracy. Modern Western sensibilities might cringe at this sort of hybrid, and we might imagine the impossible tension that this system would create. However, the force intended to ameliorate this tension is part and parcel of the mandate of the king:

When [the king] is established on his royal throne, he must write a copy of this Torah [which] must always be with him, and he shall read from it all the days of his life. He will then learn to be in awe of God his Lord, and carefully keep every word of this Torah and these rules. (Devarim 17:18,19)

With one elegant stroke, the Torah establishes the dialectic, the mechanism that will maintain the delicate balance: The king, despite his power and authority, must remain in a constant state of attentiveness to the Torah and its laws. He must never forget the true nature of the mandate with which he has been entrusted, and must remain mindful of the true source of his authority - and its limits. Keeping the Torah close to his heart and mind at all times will help him stay in touch, stay grounded, and remain accountable to those below him, parallel with him, and, most particularly, to the One above.  

The ideal Jewish polity described in this Parashah is based on a system of checks and balances: a judicial system comprised of the wisest and most honest religious leaders, combined with a king selected by the people, all of whom are bound by the Torah, the immutable word of God. While this combination does not guarantee success, its very structure reminds us where our priorities should lie. In fact, we may say that the system of governance described in Parashat Shoftim is, in and of itself, a brief mission statement for the Jewish nation-state.


For a more in-depth analysis see:


 Echoes of Eden

Parashat Shoftim - Essays and Audio


Parashat Shoftim - Essays and Audio

***New Essay***     The Echoes of Eden Project
Democracy, Theocracy and Monarchy
Essays:
The Vagabond

Trees Are People Too (?)

Whither Truth?

From Left to Right

Justice, Justice

Audio –

Kings and Judges

Between Blood and Blood

Parshat Shoftim / Pursuit of Truth

Parshat Shoftim / Compromise

Pragmatism

Baal Tashchit
http://www.yutorah.org/lectures/lecture.cfm/747875/Rabbi_Ari_Kahn/Baal_Taschit

Sunday, August 9, 2015

Parashat Re’eh Non-Prophets


Echoes of Eden
 Rabbi Ari Kahn

Parashat Reeh
Non-Prophets

It seems as if the dearth of leadership is, and always has been, a perpetual problem. We have a tendency to search for people who can inspire and lead us; unfortunately, the role models we choose are rarely vetted in any systematic or rigorous way, and we tend to choose charisma over substance. Since the very dawn of human history, as far back as the Garden of Eden, we have been seduced by charismatic hucksters who offer slick sound-bytes that obfuscate truth and lead us astray.

Spiritual leaders are even harder to evaluate. By definition, the spiritual leader has knowledge, skills, and a particular type of power that his or her followers lack. The gap that divides the leader and the neophyte often makes the leader appear inscrutable, beyond our limited ability to judge or evaluate.

In Parashat Re’eh, as Moshe’s reign as leader winds down, attention is turned to establishing the next generation of leadership. Various positions must be filled, leadership roles must be defined and appointments made. In subsequent chapters, the Torah will outline the respective mandates of kings, judges and other public servants, but first and foremost, Moshe lays out the parameters for a very peculiar sort of religious leader: the prophet, and not just any prophet, but a man or woman who produces “signs and wonders.”  This person is capable of bending the laws of nature, of suspending the physical rules of the universe, and foretelling the future with stunning accuracy. What, we may ask, could possibly be better than having a bona fide prophet as a spiritual leader?

Remarkably, the Torah warns us to reserve judgment. Miraculous abilities are not necessarily a sign of authenticity; knowledge of the future is not an indication that this person should be followed blindly. Unlike so much of modern communication, the medium is not necessarily the message; the question should always be one of substance over form. What is this person advising, commanding or instructing us to do? Are the “prophet’s” words consonant with the words of Moshe, or does this person simply possess strange, unexplained talents and charisma?  

If, for example, the prophet - after performing wondrous acts - advocates worship of an alien deity, we are commanded to reject their leadership. Despite his or her unique, unexplainable abilities, this “prophet” is regarded as the most dangerous of all leaders. If the message is corrupt, self-serving, exploitive, this person is not one God or Moshe would encourage us to follow.

Throughout history, we have failed in this area time and time again. Sincere people have been, and continue to be deceived by charlatans. We have had our share of impressive false prophets and messiahs, yet we do not seem to learn. Despite our sophistication and worldliness, despite the bitter experience we have accrued, we lack the discernment that should prevent us from falling prey to snake oil salesmen and bogus prophets. We still want shortcuts to spirituality, and would rather stand in line to receive the blessings and bogus insights of false spiritual gurus than take the time and make the effort to seek out truth. Charismatic individuals will always be able to satisfy their base desires for adulation and obedience at the expense of those who choose form over substance in their quest for a quick spiritual fix.

Moshe’s warning is clear, and it is as relevant today as ever: It all comes down to substance. When a charismatic leader arises, if he (or she) does not unequivocally advocate adherence to the Torah, he must be regarded as a false prophet.

Apparently, the essential role of the prophet was to serve as the leader against idolatry, the spiritual counter to idolatry. Even true prophets, who stood strong against false and counterfeit spirituality, stood the risk of being sucked into the world of the occult, of becoming part of the problem rather than the solution. When the desire to worship idols was banished, prophecy, too, became a thing of the past; it was no longer needed, no longer possible. When there was no longer a rapacious hunger for idolatry, had prophecy been allowed to continue without its counter-balance, it would have upset the delicate balance and destroyed the spiritual ecosystem.

Today, we have neither the overpowering urge to worship other gods nor access to prophecy. And yet, even in today’s world, rife as it is with scandals involving religious and secular leaders, a system of spiritual checks and balances is just as important. Recent events are no different than they have ever been in this sphere, and it behooves us to take a moment to question our own judgment, to oversee our “leaders”, and to educate ourselves and those around us. We must not to be impressed by “signs and wonders,” by those with the gifts of charisma or clairvoyance. We must ask ourselves, “Is this leader the solution, or just another aspect of the problem?”

The genuine article, a real spiritual leader, brings us closer to God. That is ultimately the litmus test; anything else is fraudulent. If a prophet is “for profit,” he or she is no prophet. If a spiritual leader is exploitive - financially, emotionally or sexually - he or she is not the leader we are looking for. If, on the other hand, he or she educates, inspires, and brings us closer to God, we have found someone to learn from and be inspired by. We have found a true leader.

For a more in-depth analysis see:
http://arikahn.blogspot.co.il/2015/08/essays-and-audio-parashat-reeh.html


Echoes of Eden