Sanhedrin 041

Jay and Karen Slater dedicate this shiur in honor of the Bat Mitzvah celebration of their daughter, Sara Rose Slater, which was observed on June 20, 1998, Parashat Shelach-Lecha, at Ohr Kodesh Congregation in Chevy Chase, Maryland.

1:
This last mishnah of Chapter Two is very simple and straightforward. We have had discussions on the best contextual translation of the Torah text instituting the parameters of the monarchical system [Deuteronomy 17:14-20]. We noted and discussed the ambiguity of the Torah's wording in the last part of verse 14. Does the Torah require the establishment of the monarchy or does it only permit the establishment of a monarchy? We noted that there were medieval commentators who took the latter view. Here, for example, is the comment of Or ha-Ĥayyim on the phrase in question:

(Though he admits that the following verse is problematic for this interpretation.)

On the other hand, here is part of the comment of Ramban [Moses Nachmanides, Spain, 13th century CE] on the verse in question:

However, Ramban also feels uncomfortable with another aspect of the text. He notes that the text of the Torah strangely and inexplicably adumbrates the text of 1Samuel 8:-

which is almost quoting verbatim the words of the people to Samuel: "Appoint us a king to rule over us like all the other nations [1Samuel 8:5]

2:
Whichever way we choose to understand the verses in context, Ramban is certainly correct that the sages understood the appointment of a king to be a requirement (though I have pointed out several times that the term 'king' in this context means 'an instrument of government'). Furthermore, our present mishnah interprets Deuteronomy 17:15 as requiring an attitude of respect and awe towards the king – even though this is certainly not the Peshat [plain meaning] of the words in context. Articles symbolizing royal power may not be used by anyone other than the king himself – war-horse, throne, sceptre. Also certain situations are to be avoided: the king may not be viewed when he is in a situation that could lower the onlooker's esteem for him: when having his hair cut, when naked, when bathing – though I cannot imagine the king having to cut his own hair; surely then he would certainly look ridiculous in a very short time!

3:
In summation, here is a very abridged version of the relevant halakhot in Mishneh Torah [Rambam, Moses Maimonides, North Africa, 12th century CE]:-

Laws of Kings.

Chapter One.

1. Israel were commanded to do three things upon entry into the Land: to appoint a king…, to destroy the seed of Amalek…, and to build the Bet Mikdash…
2. The appointment of a king must precede the war against Amalek… which in turn must precede the building of the Bet Mikdash… If the appointment of a king is required, why was God displeased when the people demanded one of Samuel? – Because they demanded a king contentiously and not in order to fulfill the commandment…
3. The king [first of a new dynasty] must be appointed with the concurrence of the Court of Seventy Elders and a prophet…
4. The king must be a Jew by birth [i.e. his mother must be Jewish]…
5. No woman may be appointed to the royal power…

Chapter Two.

1. Great respect must be shown towards the king, and fear and terror of him must be instilled into the hearts of all people… No one may ride his horse, sit on his throne, use his sceptre, his crown – or any other symbols of his office…
2. He may not be seen when nude, when having his hair cut, when at his ablutions, when toweling himself down. He may not give "Ĥalitzah" … even if he wishes to do so, for a king is not permitted to forego his honour. Since he may not give Ĥalitzah he may not take a woman in levirate marriage…
3. When he suffers a bereavement he may not leave his palace… Should he enter the Inner Court of the Bet Mikdash he may sit down there only if he is of Davidic descent…