Parashat Shoftim — Carrying the Torah: Kingship and Its Limits
Rabbi Ari Kahn
This week's parasha, Shoftim, addresses foundational aspects of national governance in ancient Israel. It begins with the appointment of judges and officers (Deuteronomy 16:18), and later introduces the concept of monarchy:
“You shall surely set over yourself a king whom the Lord your God shall choose…”
(Deuteronomy 17:15)
This mitzvah to appoint a king seems straightforward. Yet, when the people later request a king in the time of the prophet Shmuel, the reaction is anything but simple.
Shmuel’s Grief and God’s Response
In Shmuel Aleph (I Samuel), chapter 8, the people approach Shmuel with a request:
“Behold, you have grown old, and your sons do not walk in your ways. Now appoint for us a king to judge us like all the nations.”
(I Samuel 8:5)
Shmuel is deeply distressed by this request. God responds:
“It is not you they have rejected, but Me they have rejected from reigning over them.”
(I Samuel 8:7)
Why is this request so offensive? On the surface, it seems like a fulfillment of the mitzvah in Shoftim. But the nuance lies in the motivation and phrasing:
“To judge us like all the nations.”
This implies not just a desire for centralized leadership, but a rejection of the Torah-based judicial system. The people weren’t merely asking for a king—they were asking for a different kind of law, one modeled after foreign nations.⁽¹⁾
Judges vs. Kings: Authority and Law
Until this point, Israel was governed by judges (shoftim), who adjudicated based on Torah law. Shmuel’s sons, however, were corrupt (I Samuel 8:3), prompting the people to seek an alternative. But their request was not just about leadership—it was about legal philosophy.
God interprets their request as a rejection of divine law.⁽²⁾ The issue wasn’t who would implement the law, but what kind of law would be implemented. The Torah system, rooted in Sinai, was being cast aside in favor of a more secular, nationalistic model.
The First Kings: Shaul and David
Despite His displeasure, God instructs Shmuel to appoint a king. Shaul becomes Israel’s first monarch, but his reign is marked by instability and eventual failure (I Samuel 15). David, also anointed by Shmuel, begins the Davidic dynasty, which culminates in the building of the Beit HaMikdash by his son Shlomo.
David’s kingship represents a turning point: a monarch who strives to align with divine law. Yet even the Davidic kings did not always live up to their spiritual responsibilities.
The King and the Torah
The Torah mandates that the king must carry a personal Sefer Torah:
“And it shall be with him, and he shall read from it all the days of his life…”
(Deuteronomy 17:19)
This requirement symbolizes the king’s subservience to Torah law. He is not a lawmaker in the modern sense, but a guardian of divine legislation.⁽³⁾
A king who sees his role as creating new laws or rejecting Torah values is not the kind of king the Torah envisions. The image of the king walking with the Torah is not just ceremonial—it’s ideological. It affirms that true leadership in Israel is rooted in fidelity to God’s law.
Conclusion
The tension between divine authority and human governance is central to Parashat Shoftim. The Torah permits monarchy, but only under strict conditions: the king must be chosen by God, must not amass excessive wealth or power, and must remain tethered to the Torah.
The episode in Shmuel Aleph reveals how easily this balance can be disrupted. When leadership becomes a vehicle for rejecting divine law, it ceases to be legitimate. The king who carries the Torah is not just a ruler—he is a servant of God and of the people.
Footnotes
- See Ralbag and Malbim on I Samuel 8:5, who interpret the request as a desire to imitate foreign political systems.
- Radak on I Samuel 8:7 explains that the rejection was not of Shmuel personally, but of the divine system he represented.
- Rambam, Hilchot Melachim 3:1–3, elaborates on the king’s obligation to write and carry a Torah scroll, emphasizing his role as a spiritual exemplar.
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