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September 8, 2005

Parshas Shof'tim 5765

Commentary by Rabbi Ephraim Nisenbaum
The Torah introduces certain laws which are exclusively applicable to the leaders. Because these individuals were granted special authority, they needed special guidelines to prevent them from misusing their positions and becoming arrogant.

The judges, for example, were severely warned against taking any form of bribery. They were also obligated to follow the majority ruling of the court. If a judge or Torah scholar, regardless of his level of scholarship, defies and rules against a decision of the court, he is liable to be put to death. This uncharacteristically severe punishment was necessary to prevent the undermining of the court’s authority by other great leaders. This would ensure that the court remain a central authoritative body, whose decisions would be binding upon the entire nation.

Even the king was also subject to special obligations and prohibitions. In contrast to many of the other monarchs of the ancient world, the Jewish king was not allowed to indulge in physical or material excesses, such as a large harem of women, money or horses. The Torah warns that these excesses would inevitably lead the king’s heart astray.

The king was also required to write his own copy of the Torah that would be carried on his person at all times. The constant review of this Torah would, hopefully, inspire his reverence for G-d and prevent him from becoming haughty.

The Kohanim (priests) were also guided by a unique set of laws. They would not receive their own inheritance in the Land, in order that they be available to devote themselves to the service of G-d. Their livelihood would be taken care of by the other tribes, who would give them the priestly gifts. Their dependence on other people would also prevent their feeling arrogant.

The prophet’s responsibilities are also discussed. The prophet was a person of exalted character and scholarship, who was able to receive certain communication from G-d. Accordingly, he too was held to a higher standard. If the prophet suppressed his Divine prophecy he would be guilty of a severe offense. Prophesying something that he did not receive from G-d, or speaking in the name of another god, are considered even worse offenses, and are punishable by death.

No public leader in the Torah is above the law. Each position has its own set of rules specifically tailored to its own unique challenges.

You shall set up judges… in all your gates ... (Deut. 16:18)

Rav Moshe Feinstein served as a rabbi in Russia for many years under the Communist regime. He refused offers to escape, saying that since he was the only rabbi in the area, he felt a responsibility to serve any remaining Jews in the area. Only when he felt his life was in immediate danger did he agree to move to the United States.

When Rav Elchanan Wasserman visited Rav Moshe in 1939, Rav Moshe asked him if he thought he had done the right thing by leaving, although his life had been threatened. Rav Elchanan thought about it and concluded that in a country where it was prohibited to mention the Name of G-d, no person was required to make the sacrifice of living there.

Did You Know...

Selichos are customarily recited for at least four days before Rosh Hashana through Yom Kippur, excluding Shabbos. This is reminiscent of the sacrificial animal that was examined for four days before it could be offered. Man’s actions must likewise be examined before he is brought before G-d for judgment.

If Rosh Hashana falls on Thursday or Shabbos, Selichos begin the Saturday night before Rosh Hashana; if it falls on Monday or Tuesday they begin two Saturday nights before Rosh Hashana. Selichos may be said any time after midnight, or early the following morning.

Selichos may be said when praying alone, but the parts connected to the recital of the Thirteen Attributes may only be said with a minyan (quorum).