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This implies that there was no need for the approval of the nation to these appointments. However, Rav Yisraeli says that this is not the only way to appoint a leader. Rather, the aforementioned is so when the nation does not choose a leader, for if they do, there is no need for the court of 71 or a prophet. That special system is required only when one is trying to appoint someone to power over the nation through outside authority.
Rav Yisraeli's main proof for the existence of such a distinction is from Tosafot in Sanhedrin (20b). According to most of the possibilities raised there, the wicked king, Achav, had the halachic status of a king, despite the fact that he was not appointed by a prophet and that it is hard to imagine that a court of 71 would support the candidacy of such a wicked man.
Along similar lines of this distinction, the Meiri (beginning of Sanhedrin) says that that which Sanhedrin was necessary to authorize war was if the leadership wanted to force the people into war. In contrast, if the nation was interested, there was no such need. The Radvaz (Melachim 3:8) also says that there are two types of kings who are allowed to execute those who rebel against them: those chosen by a prophet and those accepted by the people.
Rav Yisraeli discussed the nasi and the king. Regarding other public officials, the gemara (Berachot 55a) discusses the matter more explicitly: "A person of authority over a community is appointed only after the community has been consulted." That still leaves open how one is to determine whether the community has sufficiently accepted the candidate.
The Rama (CM 163:1) cites the Maharam who deals with the case of a public official about whom there was no consensus among the community. He says that we take all of the dues-paying members of the community, exhort them to decide based on idealistic factors, and follow the majority. If the minority is unwilling to accept the decision of the majority, then the latter can enforce the matter even with the help of non-Jewish authorities. They can even be forced to pay for the official whom they were not interested in hiring. If someone refuses to express his opinion, his "vote" is disregarded and the majority of those remaining who actually took part in the vote decide the matter.
[Next week we will focus on some of the details.]
P'ninat Mishpat (832)
Various Rabbis
121 - The Right to Strike - Part II
122 - How to Elect Public Officials
123 - How to Elect Public Officials
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part II
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
