Of Kings, Judges and Ourselves
A thought on Parashas Shoftim and Chodesh Elul
In Parashas Shoftim, the Torah tells us about the workings of society within a Torah framework.
שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר ה’ אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃
You shall appoint magistrates and officials for your tribes, in all the settlements that your God is giving you, and they shall govern the people with due justice.1
After discussing the intricate laws of the judicial process, the Parashah goes on to tell us about appointing a King.
As part of the unique laws pertaining to the king, we have the mitzva that the king must always have a sefer Torah with him
וְהָיָ֣ה כְשִׁבְתּ֔וֹ עַ֖ל כִּסֵּ֣א מַמְלַכְתּ֑וֹ וְכָ֨תַב ל֜וֹ אֶת־מִשְׁנֵ֨ה הַתּוֹרָ֤ה הַזֹּאת֙ עַל־סֵ֔פֶר מִלִּפְנֵ֖י הַכֹּהֲנִ֥ים הַלְוִיִּֽם׃ וְהָיְתָ֣ה עִמּ֔וֹ וְקָ֥רָא ב֖וֹ כל־יְמֵ֣י חַיָּ֑יו לְמַ֣עַן יִלְמַ֗ד לְיִרְאָה֙ אֶת־ה’ אֱלֹהָ֔יו לִ֠שְׁמֹ֠ר אֶֽת־כל־דִּבְרֵ֞י הַתּוֹרָ֥ה הַזֹּ֛את וְאֶת־הַחֻקִּ֥ים הָאֵ֖לֶּה לַעֲשֹׂתָֽם׃
When he is seated on his royal throne, he shall have a copy of this Teaching written for him on a scroll by the levitical priests. Let it remain with him and let him read in it all his life, so that he may learn to revere his God, to observe faithfully every word of this Teaching as well as these laws.2
The mitzvah to have a king is peculiar to me. It makes sense to have a judge (Shofet) and an enforcer (Shoter) to implement and oversee the law. However, historically, the appointment of a king in Israel wasn't a top priority. It wasn't until the conclusion of the era of the Shoftim when the Jews desired a king, wanting to be similar to other nations. This led to the selection of Shaul as their king.
As we enter the introspective month of Elul, perhaps the deep words of the Izhbitzer can offer an understanding of this Parashah and an insight into this special time of year.
In essence, the distinction between a Judge (Shofet) and a King (Melech) is akin to the difference between conscious and subconscious thought.
Judges, by nature, operate in the realm of conscious thought. When judging, the decisions and judgments are deliberate and conscious. Similarly, the role of a policeman is conscious. We all have an inner sense of right and wrong, like an internal policeman guiding our actions based on conscious knowledge of what's right and wrong.
On the other hand, a king operates on a more profound and spiritual level, resonating with the subconscious and tapping into the deepest layers of the soul, areas not accessed by our regular conscious thought. This concept is captured in the phrase "מלך פורץ גדר" meaning "A king breaks down barriers." A king's command can be inexplicable. For instance, if a king orders you to do something seemingly mundane, and you ask why, the king might simply respond, "Because I said so." This authority stems from a place beyond conscious reasoning and comprehension.
The Torah can resonate with individuals both on a conscious level and on a more profound, subconscious level. When someone embodies the Torah as a Shofet or Shoter, it might not fully permeate their neshama. However, to truly be a king, or to be part of a nation of kings, the Torah must be deeply ingrained within one at all times. The essence of the Torah's sanctity is its ability to guide, even in moments of uncertainty. The Torah's light always provides clarity and direction.
In practical terms, we can utilize the Torah as a manual or roadmap to discern right from wrong. However, at a more profound level, we can become so attuned with the Torah that we intrinsically understand and instinctively act upon what's right, without consciously deliberating.
This principle reveals a key insight into life: recognizing our errors and understanding the need for correcting our ways. When faced with a mistake, we can choose to turn around and correct our course or we can continue, believing that our chosen path is perhaps the right one intended for us after all. The challenge lies in discerning when the Ribbono Shel Olam is signaling a change in direction, or when it's time to acknowledge a misstep and pivot to a new course.
The Mei Hashiloach provides insight based on a passuk from Yeshaya3
כִּ֤י ה' שֹׁפְטֵ֔נוּ ה' מְחֹקְקֵ֑נוּ ה' מַלְכֵּ֖נוּ ה֥וּא יוֹשִׁיעֵֽנוּ׃
Which he translates to:
"God is our judge": God provides guidance.
"God carves it into me": God instills in us a deep understanding.
"God is our king": God leads even beyond our understanding.
"God is my help": God supports us even considering our past actions.
This passuk delineates four progressive levels of comprehension regarding moral clarity:
God as our Judge (ה' שופטנו): Before we even begin discerning right from wrong, Hashem lights our path, guiding us in the correct direction. At times, even when the right choice is challenging, we're intuitively drawn to it due to this divine guidance. This represents the initial level of understanding.
God as our Lawgiver (ה' מחוקקנו): At this stage, God’s laws are not mere external instructions but become deeply ingrained in our being. The Hebrew term "chok" (law) is related to "chokek" (to carve), implying that God’s teachings are etched into our hearts. This internalization means living by the Torah feels natural; it becomes the only conceivable way of life.
God as our King (ה' מלכנו): At this level, we navigate unforeseen challenges and venture into unknown realms. Yet, even in these unfamiliar terrains, our actions resonate with righteousness. This is not just by conscious choice, but due to a profound, subconscious connection with the Torah. Such alignment with the divine will occurs, often without our conscious realization. This stage embodies the essence of pure simplicity, or "Pshitus." It transcends even the deepest natural inclinations, reflecting the highest manifestation of the Divine. This unity is encapsulated in the idea of "Tachlit ha-peshita", where God exists in absolute simplicity and singularity.
God as our Savior (הוא יושיענו): This stage addresses our past. Here, we recognize that even our past mistakes and missteps, before reaching our current understanding, were a part of the divine plan. God’s guiding hand ensures that every step, even our errors, leads us towards our ultimate good.
The Mei Hashiloach suggests that while human consciousness and wisdom can provide a foundation for judgment, true, holistic judgment aligns with divine understanding. A judge might deem a judgment true based on evidence and reason, but the ultimate truth might elude human comprehension. Only with divine guidance can one attain judgments that are true in their deepest sense, as it says in the Gemara4 “every judge who makes a judgment that is true to the deepest level of truth is made a partner with God in the work of creation.”
This is why, according to the Mei Hashiloach, non-Jewish courts, though they might judge fairly based on the evidence, lack the divine insight needed for absolute truth.
I recall my father, Rav Yaacov Haber, once explaining the Bracha of Hashiva Shofteinu. He explained it as a yearning to return to an era where we could seek guidance from our leaders, and they, in turn, would illuminate our paths with the light of Torah. They'd help us identify that unique route within Torah best suited to each individual.
For a king to always have a sefer Torah at his side signifies more than it being just a manual for reference. It embodies his very core, epitomizing the pinnacle of simplicity, or "Pshitus."
Rav Moshe Dovid Vali taught that the degree to which we immerse ourselves in the Torah – learning, understanding, and living its teachings – determines the protective and transformative influence the Torah (or Hashem) extends over us. The depth of our engagement with the Torah affects us profoundly, even if it's beyond our conscious recognition.
This profound insight is at the heart of Parshas Shoftim. It's a secret for life. It's the essence of Elul, a time when the King is in the field.
It serves as a reminder that there's always another layer to our understanding. It reassures us that, contrary to our doubts, we are on the right path. The true essence of growth lies in allowing the Torah to seep deeper into our souls, becoming our beacon even when its light isn't immediately visible.
May we merit the clarity to see the light through our efforts in learning and appreciating Torah.
Devarim 16:18
Devarim 17:14
Yeshaya 33:22
Shabbos 10a
really nice. thank you
Deep and beautiful. Maybe you can also carry the mashal of shoftim and kings to say that the reason shoftim were more of a priority than kings is because while it may be more "interesting" and "shiny" to look into the "subconscious of Torah" (kabbalah and esoteric ideas), you first need to be fulfilling the "conscious Torah), the commands that are black and white in the Torah. The priority is the fulfillment of the mitzvos before you delve into the hidden depths of the Torah.