Rambam - 3 Chapters a Day

Introduction to Hilchos Melachim uMilchamot

This text includes 23 mitzvot; ten positive commandments and thirteen negative commandments. They are:

1) The obligation to appoint a king in Israel;
2) The prohibition against appointing a convert as king;
3) The prohibition against the king marrying many wives;
4) The prohibition against the king accumulating many horses;
5) The prohibition against the king amassing too much silver and gold;
6) The obligation to destroy the seven nations living in the Land of Canaan;
7) The prohibition against allowing any one of them to remain alive;
8) The obligation to destroy the descendents of Amalek;
9) The obligation to remember what Amalek did;
10) The prohibition against forgetting Amalek's evil deeds, including his ambush against the Israelites during their journey from Egypt to Israel;
ll) The prohibition against dwelling in Egypt;
12) The obligation to offer peace to the inhabitants of a city when besieging it; to carry out the laws governing the siege as prescribed in the Torah, in particular, the laws applying if the enemy agrees to surrender and those applying if it refuses;
13) The prohibition against offering peace to Ammon and Moab, in contrast to other nations, when besieging them;
14) The prohibition against destroying fruit-bearing trees during a siege;
15) The obligation to set up a latrine outside an army camp;
16) The obligation to carry a spike to dig with;
17) The obligation to anoint a priest to speak to the troops in the event of war;
18) The obligation to allow those who have consecrated wives, built houses, or planted vineyards to rejoice in their new status for a complete year, while releasing them from military conscription;
19) The prohibition against asking those mentioned in the previous category to perform any duties, including handling the needs of one's city or providing supplies to the troops during that year;
20) The obligation not to become frightened, nor to flee in the midst of battle;
21) The prohibitions and obligations regarding a yefat toar, a Gentile woman with whom the Torah allows relations in wartime;
22) The prohibition against selling a yefat toar;
23) The prohibition against subjugating her to perform menial duties after having relations with her.

These mitzvot are explained in the coming chapters.

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.'

Amalek's seed should be annihilated before the construction of the Temple, as II Samuel 7:1-2 states: 'And it came to pass, when the king dwelled in his palace, and God gave him peace from all his enemies who surrounded him, the king said to Nathan, the prophet: 'Look! I am dwelling in a house of cedar, ... but the ark of God dwells within curtains.'

Since it is a mitzvah to appoint a king, why was God displeased with the people's request of a king from Samuel? Because they made their request in a spirit of complaint. Rather than seeking to fulfill the mitzvah of appointing a king, they were simply intent on rejecting the Prophet Samuel as implied by God's reply to him (I Samuel 8:7): 'It is not you, but Me they have rejected.'

As an initial and preferred option, a king may be appointed only by a court of 70 elders, together with a prophet, as Joshua was appointed by Moses and his court, and as Saul and David, were appointed by Samuel of Ramah and his court.

A king should not be appointed from converts to Judaism. This applies even if the convert's ancestors had been Jewish for many generations, unless his mother [or father1] is a native-born Israelite, as Deuteronomy 17:15 states: 'You may not appoint a foreigner who is not one of your brethren.'

This does not apply to the monarchy alone, but to all positions of authority within Israel. A convert may not serve as an army commander, a leader of fifty, or as a leader of ten. He may not even supervise the allocation of water from a stream to various fields.

Needless to say, a judge or a nasi should only be a native-born Israelite, as it is stated (ibid.): 'Appoint a king over you from among your brethren.' This implies that all appointments must only be 'from your brethren.'

We may not appoint a woman as king. When describing the monarchy, the Torah employs the male form of the word king and not the female.

This principle also applies to all other positions of authority within Israel. Only men should be appointed to fill them.

Neither a butcher, barber, bath-attendant, nor a tanner should be appointed king or High-Priest. This is not because of an inherent fault, but because their professions are less prestigious, and the people will always treat them lightly.

A person who has served in one of these professions for even one day, is disqualified for the monarchy.

When a king is appointed, he is anointed with oil reserved for this purpose, as I Samuel 10:1 states: 'And Samuel took the cruse of oil and poured it over his head. Then, he kissed him.'

Once a king is anointed, he and his descendents are granted the monarchy until eternity, for the monarchy is passed down by inheritance, as Deuteronomy 17:20 states 'Thus, he the king and his descendents will prolong their reign in the midst of Israel.'

If the king leaves only a young son, the monarchy should be held for him until he matures, as Yehoyada did for Yoash. The order of inheritance of the monarchy is the same as that governing the inheritance of property. An older son is given precedence over a younger one.

Not only the monarchy, but all other positions of authority and appointments in Israel, are transferred to one's children and grandchildren as inheritances forever.

The above applies if the knowledge and the fear of God of the son is equivalent to that of his ancestors. If his fear of God is equivalent to theirs but not his knowledge, he should be granted his father's position and given instruction. However, under no circumstance should a person who lacks the fear of God be appointed to any position in Israel, even though he possesses much knowledge.

Once David was anointed king, he acquired the crown of kingship. Afterwards, the kingship belonged to him and to his male descendents forever, as II Samuel 7: 16 states: 'Your throne shall be established forever.' Nevertheless, his acquisition of the monarchy was conditional, applying only to the righteous among his descendents, as Psalms 132:12 states: 'If your children will keep My covenant... their children shall also sit on your throne forever.'

Despite this condition, God assured David that the monarchy would never be taken from his descendents forever, as Psalms 89:31-38 states: "lf his children will forsake My Torah and cease walking in My statutes ... I will punish their transgressions with the rod and their sins with plagues. Nevertheless, I will not utterly remove My grace from him.... His throne shall be ... established forever.'

If a prophet appoints a king from any other tribe of Israel and that king follows the path of Torah and mitzvot and fights the wars of God, he is considered as a king, and all the commandments associated with the monarchy apply to him.

Although the kingship was primarily given to David and one of his descendents will be serving as king, there is halachic legitimacy to the rule of other kings. Behold, Achiyah of Shilo appointed Jeroboam and told him (I Kings 11:38): 'And it shall be that if you obey all that I command you... I will build you a faithful house as I built for David.' Similarly, Achiyah told him (ibid.: 36): 'To his (David's) son, I will grant one tribe, so that David, My servant, will always have sovereignty before Me in Jerusalem.'

The kings of the Davidic dynasty will prevail forever (II Samuel 7:16): 'Your throne shall be established forever.' In contrast, should a king arise from other Israelites, the monarchy will eventually cease from his descendents. For behold, Jeroboam was told: I Kings 11:39 'I will afflict the House of David.... but not forever.'

Kings of Israel are not anointed with the special anointing oil, but with Afarsimon oil. Only a descendent of David may be appointed as king in Jerusalem. And only descendents of David are anointed with the special anointing oil.

The kings of the Davidic dynasty should only be anointed near a spring.

A son who succeeds his father as king is not anointed unless he assumes his position amid a dispute over the inheritance or during a civil war. Under these circumstances, he should be anointed in order to remove all disagreement.

Therefore, they anointed Solomon because of the claim of Adoniyahu, Jehoash, because of the usurpation of Atalyah, and Jehoachaz, because of [the claim of his brother, Jehoyakim.

The king must be treated with great honor. We must implant awe and fear of him in the hearts of all men. The command Deuteronomy 17:15: 'Appoint a king' implies the obligation to be in awe of him.

We may not ride on his horse, nor sit on his throne, use his scepter, wear his crown, or use any of his utensils. When he dies, they should all be burned before his bier.

Similarly, only another king is allowed to make use of his servants, maids, and attendants. Accordingly, Avishag was permitted to Solomon, but prohibited to Adoniyahu.

However, a king's wife is forbidden to share intimacy with another person forever. Even another king may not marry a king's widow or divorced exwife.

It is forbidden to observe him while he is naked, while he is having his hair cut, while he is in the baths, or while he is drying himself afterwards.

He may not perform chalitzah, for concerning that ritual, it is said Deuteronomy 25:9: 'And she shall spit before him.' This would be disrespectful to the king.

Even if he desires to perform this mitzvah, he is not given the opportunity because a king's honor must be preserved even though he is willing to forgo it.

Since he is not allowed to perform chalitzah, he is not eligible to participate in yibbum. Similarly, in the event of his death, since it is forbidden to initiate yibbum with his wife, chalitzah is also not performed for her. Rather, she must remain in her state of attachment forever.

Even if one of his close relatives dies, he may not leave his palace. When he is served the meal of comfort, the entire nation should sit on the ground and he should sit on a low couch.

If he enters the Temple courtyard, and he is of David's descendents, he may sit. For the only ones who may sit in the Temple Courtyard are kings of the Davidic dynasty, as II Samuel 7:18 states: 'And David sat before God.'

A king should have his hair cut every day. He should dress and adorn himself in attractive and impressive garments, as Isaiah 33:17 states: 'Your eyes shall behold the king in his beauty.'

He sits on his throne in his palace and has a crown placed on his head.

When he desires, the nation must present themselves before him. They should stand before him and prostrate themselves to the ground. Even a prophet must stand before the king and prostrate himself on the ground, as I Kings 1:23 states: 'Behold, Nathan, the prophet came before the king and prostrated himself before the king.'

However, a High Priest need not come before the king unless he the High Priest desires to do so. The High Priest need not stand before the king. Rather, the king stands before the High Priest, as Numbers 27:21 states: 'And he shall stand before Elazar, the priest.'

Nevertheless, it is a mitzvah for the High Priest to honor the king by having him seated and standing in his presence when he visits him. The king should only stand before him when he consults the Urim and Tumim.

Similarly, it is a mitzvah for the king to honor students of Torah when they enter his presence. He should stand before the Sanhedrin and the Sages of Israel and seat them at his side.

Jehosephat, King of Judah would follow this practice. Whenever even a student of a Torah scholar would come to him, he would rise from his throne and kiss him and address him as 'My teacher and master.'

When does the above apply? When the king is alone in his palace. Then, in private, before his servants, he should behave in this fashion. However, in public, before the people at large, he should not conduct himself in this manner. He should not stand before anyone. He should not speak gently and should address a person using his name alone in order that the awe of him will be implanted in everyone's hearts.

Just as the Torah has granted him great honor and obligated everyone to revere him; so, too, has it commanded him to be lowly and empty at heart, as Psalms 109:22 states: 'My heart is a void within me.' Nor should he treat Israel with overbearing haughtiness. For Deuteronomy 17:20 describes how 'he should not lift up his heart above his brothers.'

He should be gracious and merciful to the small and the great, involving himself in their good and welfare. He should protect the honor of even the humblest of men.

When he speaks to the people as a community, he should speak gently, as I Chronicles 28:2 states 'Listen my brothers and my people....' Similarly, I Kings 12:7 states 'If today, you will be a servant to these people....'

He should always conduct himself with great humility. There is none greater than Moses, our teacher. Yet, he said Exodus 16:8: 'What are we? Your complaints are not against us.' He should bear the nation's difficulties, burdens, complaints, and anger as a nurse carries an infant.

Psalms 78:71 refers to a king as a shepherd: 'to pasture, Jacob, His nation.' The prophets have described the behavior of a shepherd (Isaiah 40:11): 'He shall pasture His flock like a shepherd, He shall gather the lambs with His arm and carry them in His bosom."

During a king's reign, he must write a Torah scroll for himself in addition to the scroll which was left to him by his ancestors. A court of 71 elders should check this scroll by comparing it to the Torah scroll kept in the Temple Courtyard.

If his ancestors did not leave him a Torah scroll or that scroll was lost, he must write two Torah scrolls:

one, in whose writing, he is obligated as is every individual Israelite, and which he places in his treasury;

the second, which should not move from his presence except when he enters a lavatory, the baths, or other places in which it is not fit to read the words of Torah.

When he goes to war, this scroll should accompany him. When he returns, it should accompany him. When he sits in judgement, it should be with him. When he dines, it should be opposite him, as Deuteronomy 17:19 states: 'It should accompany him and he should read it all the days of his life.'

'He should not amass many wives' Deuteronomy 17:17. The Oral Tradition states that he may take no more than eighteen wives.

The figure eighteen includes both wives and concubines. If he takes an additional wife and has relations with her, he is punished with lashes.

He may divorce one of his wives and marry another instead of the one he divorced.

He may not accumulate many horses, only what is necessary for his cavalry. It is even forbidden for him to have one additional horse to run before him as is customarily done by other kings. If he adds an additional horse, he is to be lashed.

He may not amass silver and gold to keep in his personal treasury in order to boost his pride or allow him to glorify himself. Rather, he may collect only what is necessary to pay his soldiers, servants, and attendants.

Any gold and silver which he does accumulate should be given to the Temple treasury to be kept there, in readiness for the needs of the community and their wars.

It is a mitzvah to accumulate such treasure stores. The prohibition is only against amassing personal wealth in his own treasure houses, as Deuteronomy 17:17 states: 'He shall not amass for himself...' Should he amass personal wealth, he is to be lashed.

The king is forbidden to drink wine to the point of intoxication, as Proverbs 31:4 states: 'It is not for kings to drink wine....'

Rather, he should be involved with Torah study and the needs of Israel by day and by night, as Deuteronomy, loc. cit. states: 'It should accompany him and he should read it all the days of his life.'

Similarly, he should not be overly indulgent in his relations with his wives. Even if he has only one wife, he should not constantly be with her as is the practice of fools, as Proverbs 31:3 states: 'Do not give your strength to women.'

When the Torah forbade the king from accumulating many wives, its emphasis was that his heart not go astray as Deuteronomy 17: 17 warns: 'lest his heart go astray.' His heart is the heart of the entire congregation of Israel. Therefore, the verse commanded him to have it cleave to the Torah to a greater degree than the rest of the nation, as it is stated: 'all the days of his life.'

We have already explained that kings of the Davidic dynasty may be judged and testimony may be given against them.

However, in regard to the other kings of Israel, the Sages decreed that they neither sit in judgement or be judged. They may not give testimony, nor is testimony given against them. This is because they are arrogant and the matter may cause a tragedy and loss to the faith.

Anyone who rebels against a king of Israel may be executed by the king.

Even if the king orders one of the people to go to a particular place and the latter refuses, or he orders him not to leave his house and he goes out, the offender is liable to be put to death. The king may execute him if he desires, as Joshua 1:18 states: 'Whoever rebels against your command ... shall be put to death."

Similarly, anyone who embarrasses or shames the king may be executed by the king as was Shim'i ben Gera.

The king may only execute people by decapitation. He may also imprison offenders and have them beaten with rods to protect his honor. However, he may not confiscate property. If he does, it is considered theft.

A person who negates a king's command because he was occupied with a mitzvah, even a minor one, is not liable. Whose words should have precedence in case of conflict, the words of the Master or the words of the subject? Needless to say, if a king decrees that a mitzvah should be negated, his words should not be heeded.

A murderer against whom the evidence is not totally conclusive, or who was not warned before he slew his victim, or even one who was observed by only one witness, and similarly, an enemy who inadvertently killed one of his foes - the king is granted license to execute them and to improve society according to the needs of the time.

He may execute many on one day, hang them, and leave them hanging for many days in order to cast fear into the hearts and destroy the power of the wicked of the earth.