Rambam - 1 Chapter a Day
Melachim uMilchamot - Chapter 2
Melachim uMilchamot - Chapter 2
The king is chosen by God for his office. His function is to impress the people with their responsibility to their Creator. Accordingly, he is worthy of all the tokens of respect and honor described in this and the following halachot.
The Jerusalem Talmud, Sanhedrin 2:6 comments: “The verse states: ‘You shall appoint a king.’ God tells the people: ‘I will not appoint the king. You must grant him this authority yourselves.’”
Sanhedrin 95a relates that if the king’s life is in danger, his servants may ride on his horse to save him. For example, Avishai rode on David’s horse to save him from death at the hands of the Philistines, as alluded to in II Samuel 21:17.
These are obviously items specific to a king and their use by a commoner would constitute the usurpation of the king’s authority.
The crown is more closely associated with kingship than any other royal accouterment. Accordingly, when Haman suggested that the king’s crown be used to honor another person, Achasverosh refused (Esther 6:8-10).
It was customary to burn the king’s bed and personal property, as implied by Jeremiah’s prophecy to Tzedekiah (Jeremiah 34:5): “You shall die in peace, and as they made pyres for your ancestors, the earlier [kings...], they will make pyres for you.”
In Hilchot Evel 14:26, the Rambam explains that this custom was not considered as gentile in origin. Hence, was not forbidden. Neither was it viewed as a waste of property (see Chapter 6, Halachah 10), since it was performed as an honor to the departed ruler.
Avishag was King David’s attendant in his final days. However, David did not marry her or share intimacy with her (I Kings 1:1-4).
When David died and Solomom succeeded him, David’s son Adoniyahu asked to marry Avishag (ibid. 2:I7). Since he was a commoner and not fit to benefit from the services of a woman who had attended the king, Solomon considered this as an act of rebellion and ordered him executed.
However, Solomon would have been allowed to marry Avishag. Since David did not marry her, she was not prohibited as a king’s widow (see the following halachah) and Solomon, as a king, was permitted to benefit from the services of the king’s attendants.
Sanhedrin 18a explains that this prohibition applies even when a mitzvah is involved, for example, should a king die childless. In such an instance, the wife of a commoner would be obligated to marry her deceased husband’s brother in order to perpetuate her husband’s memory (yibbum in Hebrew; see Deuteronomy 25:5-6.) As mentioned in the following halachah, this mitzvah does not apply to a king’s widow.
There is a seeming contradiction to this law in 11 Samuel 12:7-8 which relates how Nathan, the prophet told King David: “Thus says the Lord: ... ‘I anointed you king over Israel.... I gave you your master’s (Saul’s) house and gave your master’s women into your bosom.’”
Nevertheless, Sanhedrin 18a explains that the term “women” mentioned does not refer to Saul’s wives, but rather, to his daughters, Merav and Michal whom David married.
In his commentary to the Jerusalem Talmud, Sanhedrin 2:3, Mareh HaPonim quotes the following Biblical narrative as an example of this law: When King David fled Jerusalem after the revolt of his son Avshalom, the latter had relations with David’s concubines as a way of publicly casting off his authority (11 Samuel 16:21-23).
Afterwards, when David returned to Jerusalem he continued to provide for the needs of these concubines, but no longer shared intimacy with them. They were (ibid. 20:3) “shut up to the day of their death, widows of a living husband.”
Were it permissible for another man to marry a king’s divorcee, David surely would have divorced them, rather than subject them to a life of loneliness.
Even if the king consents to the presence of others, they are forbidden to join him, for a king may never forgo his honor.
It is a mitzvah for a person whose brother dies childless to marry his sister-in-law and perpetuate his seed through levirate marriage (yibbum). If the surviving brother does not desire to marry the deceased's widow, he may free her to marry another man by performing the chalitzah ceremony; see Deuteronomy 25:5-10.
The woman’s spitting is intended to embarrass her brother-in-law for not performing the mitzvah of perpetuating his brother’s line. The king may not be subjected to this shame.
Other individuals, for example, a High Priest, a nasi, or judge have the privilege of forgoing the honor due them. A king, by contrast, may not yield on a point of honor for there is a specific command to hold him in awe.
Yevamot 3a mentions the principle "All those who are not fit to perform yibbum, are not required to perform chalitzah." However, the converse of that principle, seemingly, the basis of this halachah, is not found in the Talmud.
Tosafot (Yevamot 44a) accepts this principle, but Rashi does not. Instead, he explains that a king does not perform yibbum because it would not be appropriate for his status for his child to be considered as his brother’s.
For as mentioned above, a king’s wife may never engage in sexual relations with another person.
The Rambam implies that chalitzah is not performed for her, because she can not engage in yibbum. The Kessef Mishneh explains that she does not perform chalitzah, for it is demeaning for a king’s widow to perform the service of removing someone else’s shoe, an essential aspect of the chalitzah ceremony.
Regardless, there would be no practical benefit from this chalitzah, for as mentioned above, a king’s widow may not remarry.
I.e., his father, mother, wife, brother, sister, son, or daughter, as mentioned in Hilchot Evel 2:1.
To participate in the funeral.
Sanhedrin 20a quotes a debate among the Sages on this question. The Mishnah’s first opinion, quoted by the Rambam, forbids a king from attending funerals. In contrast, Rabbi Yehudah considers the matter optional, citing King David’s attendance of the funeral of Avner ben Ner (11 Samuel 3:31) as proof that a king may participate in mourning rites.
The others explain that David made an exception in this case in order to unify the nation after the civil war between his forces and those loyal to Mefiboshet, the son of King Saul. Avner had led those troops. By attending his funeral, David was able to mollify the strife and friction between the two camps (see Hilchot Evel 7:7).
After a funeral, it is customary to serve the bereaved family a meal. The food for this meal may not belong to the mourners.
A mourner is forbidden to sit on a normal chair. In many communities, it is customary for him to sit on the ground itself. As a token of respect, the king is allowed to sit on a low couch.
Generally, those who comfort the mourner may sit on normal chairs. In this instance, out of deference to the king, the people must sit on the ground.
Rashi (Yoma 25a) derives the prohibition against sitting in the Temple Courtyard from the verse (Deuteronomy 18:5): “For the Lord has chosen him... to stand and to serve in the name of the Lord.”
Tosafot question whether the priests are permitted to sit in the courtyard when they partake of the sacrifices of the most holy order. From the Rambam’s statements, it appears that he does not permit such leniency. See Hilchot Beit HaBechirah 7:6 and commentaries.
In contrast, the kings of the kingdom of Israel were not given this honor. Indeed, Sanhedrin 101b relates that this differentiation was one of the reasons Jeroboam did not go to Jerusalem on the pilgrimage festivals and prevented his nation from doing so.
This event took place after David requested permission to build the Temple. God answered him in a vision to the prophet Nathan, informing him that David’s son would build the Temple. Nevertheless, as a reward for his dedication, God promised David an everlasting dynasty.
After receiving this promise, David went to the Ark to offer his thanks to God. He exclaimed: “Who am I, O Lord, G‑d, and what is my house that You have brought me this far.” At the moment when he was granted this great honor, he displayed humility.
The Jerusalem Talmud, Sanhedrin 2:6 relates that Rabbi Yochanan went to visit the nasi. The latter came out to greet him wearing a simple linen garment. Rabbi Yochanan suggested that he return home and don a more attractive woolen garment for “One’s eyes should behold the king in his beauty.”
11 Chronicles 29:23 refers to the throne as “the throne of God.”
There was a unique aspect to the crown passed on in the Davidic dynasty. If a king was appropriate for his office, it would fit correctly on his head. Otherwise, it would not be able to rest upon him (Avodah Zarah 44a).
This act of homage required kneeling and bowing down with one’s face to the ground as evident from the continuation of the verse from I Kings cited by the Rambam.
The prophets always honored the kings even when the latter were not righteous. Accordingly, I Kings 18:46 relates how Elijah ran before Achav’s chariot as a token of respect.
Though a prophet is obligated to show homage to the king, our Sages praised the kings for showing humility in their relationships with the prophets. For example, Bamidbar Rabbah praises Jehosephat for humbling himself before Elisha, the prophet.
The second chapter of Sanhedrin elaborates on the contrasts and similarities between these two great offices. Both were considered of great importance. In certain matters, the honor due the High Priest surpassed that due the king and in others, the king was supreme. Horiot 13a concludes that the king is considered supreme.
The stones - or the names of God - embedded in the High Priest's breastplate which served as oracles. See the conclusion of Hilchot Klei HaMikdash.
By honoring the Torah, the king shows his respect for God, its Author.
When it is unnecessary for him to create an impression of majesty among the people, he should follow these modest practices.
Lest the people lose their respect for him.
Without any honorary titles.
Ketubot 103b relates that before Rabbi Yehudah, the nasi, passed away, he instructed his son Gamliel, who would assume his position: “Conduct your authority with a high hand. Cast fear into the students.”
Megillah 31a states: “Where you find God’s greatness, there, you find His humility.” The fusion of these two qualities must also be reflected in a king. He must hold himself proudly before the nation, but remain humble in his heart.
Rashi (Berachot 61b) interprets this verse as a statement that David had entirely subdued his yetzer hara, evil inclination.
The king’s behavior must inspire the people to revere him and hold him in awe. Nevertheless, it should not cause them to recoil and despise him for his pride.
The Jerusalem Talmud, Sanhedrin 2:4, explains that David’s statements (Psalms 131:1): “My God, I have not made my heart haughty or my eyes lofty” refer to the time when he was anointed king by Samuel.
The people must dedicate themselves to the king and accept his absolute authority. Similarly, the king must dedicate himself to the people and involve himself in their concerns.
When two Sages refused to accept positions of authority out of humility, Rabban Gamliel assured them: “Don’t worry. I am not giving you honor and authority, I’m making you servants [of the people]” (Horiot 10a).
The previous halachah instructed the king to refrain from “speaking gently” in public. However, that only applies when addressing an individual or small group. When the kings speaks to the entire people or their representatives, he must adopt a mild demeanor, as reflected by the manner in which David spoke to the people in the verse cited.
After King Solomon’s death, the ten tribes who later formed the kingdom of Israel, gathered under the leadership of Jeroboam and told Rechavam, Solomon’s heir: “Your father made our yoke difficult... if you will make the yoke lighter,... we will serve you.”
Rechavam consulted his father’s advisors who told him: “If today, you will be a servant to this people,... they will be your servants forever.”
Rechavam refused to accept this advice and consulted with younger advisors who had grown up with him. They told him to deal with the people heavy-handedly and reply: “My father made your yoke heavy, I will add to your yoke.” He followed their advice. When the ten tribes received this haughty reply, they revolted against Rechavam and established the independent kingdom of Israel.
Though the burden of leadership was entirely on his shoulders, Moses was “humble, more so than any man on the face of the earth” (Numbers 12:3). Even when the people rebelled against him in Korach’s mutiny (see Numbers, Chapter 16), he patiently sought to make peace with the leaders of the rebellion.
The Rambam’s wording closely resembles Deuteronomy 1:12.
Cf. Numbers 11:12.
That Psalm describes how God took David “from the sheepfolds... to shepherd Jacob, His nation.” Shmot Rabbah 2:2 explains that God watched the kind and merciful way David pastured his father’s sheep. “Such a person,” God stated, “is fit to lead My people.”
This verse refers to the manner in which God will care for the people after the Messianic redemption. These qualities must be emulated by every king.
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