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Laws of Kings
Laws of Government
Sources
A
MISHNA:
The king
“shall not accumulate many horses for himself”
(Deuteronomy 17:16), but
only
enough
for his chariot
in war and in peace.
“Neither shall he greatly accumulate silver and gold for himself”
(Deuteronomy 17:17), but
only enough to provide
his
soldiers’ sustenance [
aspanya
]. And
the king
writes himself a Torah scroll for his sake,
as stipulated in Deuteronomy 17:18. When
he goes out to war, he brings it out with him.
When
he comes in
from war,
he brings it in with him…
Sanhedrin 21b:6-7
It is taught
in a
baraita
:
Rabbi Yosei says: Three mitzvot were commanded
to the
Jewish people upon their entrance into Eretz
Yisrael:
To establish a king for themselves, and to cut off the seed of Amalek
in war,
and to build for themselves the Chosen House
in Jerusalem.
But I do not know which one
they are obligated to do
first.
When
the verse
states: “The hand upon the throne [
kes
] of the Lord: The Lord will have war with Amalek
from generation to generation” (Exodus 17:16)…
Sanhedrin 20b:11-21a:3
The Gemara relates:
Rav Adda bar Ahava’s host was
the son of
a convert, and he and Rav Beivai were quarreling. One said: I
will
perform the service of the city,
i.e., I will be appointed to a position of authority,
and one said: I
will
perform the service of the city. They came before Rav Yosef
to decide between them. Rav Yosef
said to them: We learned: “You shall set him king over you,
whom the Lord your God shall choose;
one from among your brothers”
(Deuteronomy 17:15)…
Kiddushin 76b:10-11
The
baraita
continues.
Rabbi Yosei said:
There was
an incident involving
the priest
Yosef ben Eilim of Tzippori: When disqualification befell a High Priest and he left
his position, the priests
appointed another,
Yosef ben Eilim,
in his stead. And
after the cause of the disqualification passed,
his brethren the priests did not allow
Yosef ben Eilim
to
serve,
neither
as
a High Priest nor
as
an ordinary priest.
The Gemara explains: Neither as
a High Priest, due to enmity,
jealousy…
Horayot 12b:2
The mishna continues, enumerating the
halakhot
pertaining to the king in similar matters:
The king does not judge
others as a member of a court
and
others
do not judge him, he does not testify and
others
do not testify concerning him, he does not perform
ḥalitza
with his brother’s widow
and
his brother
does not perform
ḥalitza
with his wife,
and
he does not consummate levirate marriage
with his brother’s widow
and
his brother
does not consummate levirate marriage with his wife…
Sanhedrin 18a:9-10
MISHNA:
And
the king
brings out
people
for
conscription in
an optional war,
i.e., a war that is not mandated by the Torah and is not a war of defense,
on the basis of a court of seventy-one, and breaches
fences of anyone in his way
to create a pathway for himself
for his various needs,
and no one can protest his power. The pathway of the king has no measure,
neither lengthwise nor widthwise, and one cannot protest that this pathway is wider than necessary…
Sanhedrin 20b:4-6
The Gemara challenges the notion that David had only this limited number of wives.
But isn’t it written: “And David took more concubines and wives in Jerusalem
after he came from Hebron” (II Samuel 5:13). The Gemara responds: All of these were
to complete
the tally of
eighteen
and no more. The Gemara asks about this verse:
What
is the meaning of
“wives” and what
is the meaning of
“concubines”
in that verse?
Rav Yehuda says
that
Rav says: Wives
receive
a marriage contract and betrothal…
Sanhedrin 21a:17
GEMARA:
The Sages taught:
With regard to
anyone who has professional dealings
primarily
with women, his practice
and company are
bad,
and it is best to keep away from him. This category includes,
for example, the smiths, and the carders, and the fixers of hand mills
of women,
and the peddlers
of jewelry and perfume to women,
and the weavers [
gardiyyim
], and the barbers, and the launderers, and the bloodletter, and the bathhouse attendant [
ballan
], and the tanner [
burseki
]…
Kiddushin 82a:11
Israel was commanded to fulfill three mitzvot upon entering the Promised Land:
a) To choose a king, as Deuteronomy 17:15 states: 'Appoint a king over yourselves;'
b) To wipe out the descendents of Amalek, as Deuteronomy 25:19 states: 'Erase the memory of Amalek;'
c) To build God's Chosen House, as Deuteronomy 12:5 states: 'Seek out His Presence and go there.' The appointment of a king should precede the war against Amalek. This is evident from Samuel's charge to King Saul (I Samuel 15: l-3): 'God sent me to anoint you as king ... Now, go and smite Amalek…
Mishneh Torah, Kings and Wars 1-4
§
The Sages taught
in a
baraita
: With regard to
those executed by
a Jewish
king
for crimes that they committed against him,
their property
belongs
to the king.
As for
those executed by the court
for a capital transgression,
their property
belongs
to
their
heirs. Rabbi Yehuda says: Even
with regard to
those executed by
a Jewish
king, their property
belongs
to
their
heirs.
The Rabbis
said to Rabbi Yehuda: But isn’t
it
already stated:
“Arise, go down to meet Ahab, king of Israel…
Sanhedrin 48b:8-49a:6
§ The Gemara returns to analyze the
baraita
just cited.
The Master says
above:
Eretz Yisrael is destined to be divided among thirteen tribes.
The Gemara asks: As to
the other,
thirteenth portion,
for whom
is it?
Rav Ḥisda said: For the king, as it is written: “And they that serve the city, out of all the tribes of Israel, shall till it”
(Ezekiel 48:19). The verse is understood as meaning that the nation will collectively allot a portion to the king, who serves the needs of the nation…
Bava Batra 122a:9
The
baraita
adds:
And High Priests and kings were anointed with it, and even a High Priest, the son of a High Priest, requires anointing
with the oil.
But one does not anoint a king, the son of a king. And if you say:
If so,
for what
reason
did they anoint King Solomon,
who was the son of King David? It was
due to the dispute
over the throne instigated by his older brother
Adonijah,
who attempted to usurp the monarchy.
And
similarly
Joash,
son of Ahaziah…
Keritot 5b:4-10
The mishna teaches that the king
does not perform
ḥalitza
with his brother’s widow
and
his brother
does not perform
ḥalitza
with his wife, and Rabbi Yehuda says that he may do so if he wishes. The Gemara challenges Rabbi Yehuda’s opinion:
Is that so? But doesn’t Rav Ashi say: Even according to the one who says
that with regard to
a
Nasi
who relinquished
the
honor
due
him, his honor is relinquished,
nevertheless, with regard to
a king who relinquished
the
honor
due
him, his honor is not relinquished…
Sanhedrin 19b:2
Apropos the anointing oil, the
baraita
continues:
And even a High Priest, son of a High Priest, requires anointing, but one does not anoint a king, son of a king. And if you say: For what
reason
did they anoint King Solomon
(see I Kings, chapter 1), who was the son of a king? It was
due to the challenge of Adonijah,
who sought to succeed their father David as king.
And
they anointed
Joash due to Athaliah
(see II Kings, chapter 11).
And
they anointed
Jehoahaz due to Jehoiakim, who was two years older than he
was (see II Kings 23:30)…
Horayot 11b:10
§ The Gemara cites a
baraita
which discusses the anointing of kings.
The Sages taught: One may anoint kings only next to a spring.
This is done as a fortuitous sign,
so that their kingdom should continue
uninterrupted just as the waters of the spring flow uninterrupted throughout the year.
As it is stated
with regard to the coronation of Solomon in the days of King David:
And the king said to Benaiah:
Take with you the servants of your lord, and cause Solomon my son to ride upon my own mule,
and bring him down to Gihon…
Keritot 5b:27
The Sages taught: One anoints the kings only upon a spring,
as an omen,
so that their kingdom will continue
like a spring,
as it is stated
with regard to the coronation of Solomon before the death of David:
“And the king said unto them: Take with you the servants of your lord,
and let Solomon my son ride upon my own mule,
and bring him down to Gihon.
And let Tzadok the priest and Nathan the prophet anoint him there king over Israel and sound the shofar and say: Long live King Solomon” (I Kings 1:33–34).
Horayot 12a:9
What is the reason
that David was not liable for the death of Uriah? Because Uriah
was a traitor against the throne. As he said to
David:
“And my lord Joab and the servants of my lord are encamped in the open fields”
(II Samuel 11:11). In the presence of the king, one may not refer to another as his lord. Doing so is treason.
Shabbat 56a:11
Nabal, your husband,
is a rebel against the throne,
as David had already been anointed as king by the prophet Samuel, and Nabal refused his orders.
And
therefore
there is no need to try him,
as a rebel is not accorded the ordinary prescriptions governing judicial proceedings. Abigail
said to him:
You lack the authority to act in this manner, as
Saul is still alive.
He is the king in actual practice, and
your seal [
tivakha
] has not
yet
spread across the world,
i.e., your kingship is not yet known to all…
Megillah 14b:1
Having mentioned this
baraita
, the Gemara returns to discuss
the
matter
itself.
The
baraita
teaches:
One burns
items
due to the
death of
kings
as an expression of grief,
and
this
is not subject to
the prohibition of imitating
the ways of the Amorites,
since it is a Jewish custom.
As it is stated
that Jeremiah prophesied to Zedekiah king of Judah:
“You shall die in peace; and with the burnings of your fathers, the former kings
that were before you, so shall they make a burning for you” (Jeremiah 34:5)…
Avodah Zarah 11a:11
As, if you do not say so,
that a Jewish custom is not forbidden even if the gentiles have the same custom, then
that which is taught
in a
baraita
poses a difficulty. The
baraita
teaches:
One burns
vessels and clothes
over
the deaths of
kings
as an expression of grief,
and
this is
not
forbidden
for
being
of the ways of the Amorites. How can we perform
this
burning? But isn’t it written: “And you shall not follow their statutes”? Rather, since burning
items over the death of a king
is written in the Torah…
Sanhedrin 52b:11
Related
ראו גם
Parashat Shoftim
Kings
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