Separation of Powers

Separation of powers is necessary as a prelude for their unification.

Whom can You Trust?

Trust is the word that we hear much about lately. Can we trust the CEO’s of our corporations? Can we trust our government officials? Can we trust the stock market? Can we trust our banks and trust companies?

From a Jewish standpoint, it is obvious that there is only one entity in whom we can put our trust, and that is G-d. For only G-d has the power to keep all His promises and only G-d represents absolute consistency and reliability.

Nevertheless, G-d did put us in an un-G-dly world. Indeed, the very word for “world” in Hebrew, Olam, actually means concealment, because its true Divine nature is not apparent.

How do we bridge the gap between impeccable G-dly integrity and trust and the less than honest world in which we live? Or, perhaps better stated, how do we introduce some of that G-dly truth and trust into our lives?

The Four Branches of Government

The answer to these questions is provided for in this week’s parsha-Shoftim., which deals with the four branches/institutions of an ideal Jewish government: the monarchy, judiciary, priesthood and prophecy. When these institutions follow the Torah’s dictates, society at large is invested with Divine truth and trust.

Why were all these branches needed? On the surface it appears that is was the forerunner of the American separation of powers system. Upon deeper reflection that assessment is partially true. A Kohain/priest was not permitted to become a king. Likewise a king could not be a member of the judiciary. However, the judiciary did comprise Kohanim/priests. The three branches of priesthood, the judiciary and prophecy could all reside in one person. For example: Jeremiah was a prophet, a priest and a member of the Sanhedrin, the Supreme court of ancient Israel.

Monarchy the Exception

What does emerge from this analysis that the essential separation of powers applied to the monarchy. A king, who dealt with the more mundane affairs of running a government—while he must also be a spiritual individual who can inspire and uplift his countrymen—could not serve in the Holy Temple or render justice as a member of the judiciary. There must always be a body of Divinely directed people—the judges of the Sanhedrin—to whom even a king is accountable. A king must subordinate himself to the Torah. Were he to be a participant in the judicial process, there was always the danger that the august authority vested in him might prejudice the other judges to follow his approach.

Moreover, a monarch’s first responsibility was to ensure the security and physical well-being of his country. It is only natural that his mindset will be attuned to the materialistic needs of the people. That mindset is often inconsistent with the Torah mindset that a judge must have. A judge does not look at the facts and then decide how he feels about it. Rather he sees the facts through the prism of Torah and judges them accordingly.

These two world outlooks—viewing the world through the prism of worldly needs and criteria vs. viewing the world through the prism of Torah—could often clash. A king had to know that the word of G-d conveyed to him, either directly by way of a prophet, or, indirectly by way of judicial order, superseded any feeling, attitude or understanding of his own.

Moses, the Exception

Now, though the general rule of the Torah was to “separate the powers” there were notable exceptions to this rule. The most famous of them was Moses. Moses was the ultimate source of law. Moses was the “Chief Justice” of the Sanhedrin of his time; Moses was also the leader and monarch of the Jewish nation; Moses was the ultimate prophet and Moses also served as High Priest, at least until after Aaron was initiated, and according to another view in the Talmud, until his passing.

What this exception to the rule tells us is that ideally, all of these sources of influence and power should nurture one another. A king should be informed and inspired by the judiciary, priesthood and prophets.

The Heart and Brain of Israel

A king is likened to our heart because it pumps the blood to every organ of our body. The heart also symbolizes our emotions, which control every facet of our being. A king is also compared to the brain that dictates orders to the entire body. However, even a king must be under the direction of the Sanhedrin, the teachings of the Torah. In terms of our own lives, as important as emotions and human intellect is, they must be guided by Torahoriented intellect. And even that does not suffice. We must always try to connect to G-d by finding the Divine inspiration within our soul-the prophet within us and translate that into heartfelt and sincere prayers to G-d.

Moshiach: Another Exception

Our Sages refer to Moshiach as a king, a teacher of Torah and a prophet. Moshiach will combine the diverse sources of power in a healthy way, where one power will not only not clash with the other, but actually reinforce and enhance the other.

Our way of preparing for Moshiach is to recognize the need for the “separation of powers,” so as not to compromise their integrity, while, simultaneously allowing for their synthesis.

From the book Light from the Future: Parshas Shoftim by Rabbi Heschel Greenberg, published by the Jewish Discovery Center.