УWould a Jewish
Constitution be Theocratic?Ф
Foundation for
Constitutional Democracy
in the Middle East
PO Box 23702, Jerusalem 91236 Israel
972-2-566-1399аа
╖аа Tel/Fax 972-2-586-1207аа ╖аа
E-Mail:а Constitution@ USA.Net
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E-Mail:а Constitution@ USA.Net
ааааааааааа Given the increasing number
of IsraelТs Arab citizens, IsraelТs present form of government is not viable
and will not see much of the 21st century.а Hence the present writer has drafted a Jewish Constitution which,
if implemented, would enable Israel to pursue its national purpose with vigor
and dignity.
ааааааааааа Judging from various sociological
studies, such a Constitution would win the support of a substantial majority of
IsraelТs Jewish population.а Spokesmen
across the political and religious spectrum recognize that IsraelТs present
system of government is a monstrosity.а
ааааааааааа To increase support for a Jewish
Constitution, it will be helpful to dispel the prejudice that government under
such a Constitution would be theocratic.а
This is more a semantic than a substantive issue.а If УtheocracyФ signifies a regime ruled by a
church or by priests, Judaism is not
theocratic.аа There is no church in
Judaism, neither theologically,
since there is no mediation between G-d and the individual Jew, nor institutionally, since there is no ecclesiastical
hierarchy.
ааааааааааа If, however, the word УtheocracyФ is
construed literally as the Уrule of G-d,Ф then Judaism is theocratic, for G-d
is the ultimate source of law and authority.а
But what does this mean operationally?а In Judaism no priesthood but only publicly tested scholarship can lay
claim to any validity regarding the laws of the Torah.аа
This means that the Torah belongs to every Jew, whether he is a Kohane,
Levite, or Israelite.а Let us examine
these three Уclasses.Ф
ааааааааааа The first thing to be noted is that
they are hereditary but not closed.а The
daughter of an Israelite or Levite may marry a Kohane and her children will be
Kohanes, since УclassФ status is patrilineal.а
Hence, even though Kohanes have distinct duties and privileges, there is
no separation of Уclasses.Фа Nor is
there a ruling class.а In a truly Jewish
state, who rules is based, first and foremost, on intellectual and moral character.а Indeed, the most authentic form of Jewish
leadership is that of the teacher, whose power is not political but
intellectual and moral.
ааааааааааа Moreover, unlike the practice of any
so-called aristocracy, education in Israel is open to, and even required of,
all members of the community.аа Far from
stratifying the three Уclasses,Ф Torah
education is the great unifying force of the Jewish people, a people that
honors scholars more than kings.
ааааааааааа In a mature Jewish community the
center of gravity lies not in any ruling class but in the body of the
people.а In fact, it is hardly an
exaggeration to say that the leaders of a Jewish community act consistently
with the Torah when they make themselves superfluous!а
In
such a community, writes Rabbi Samson Raphael Hirsch, Уlet a Rabbi try to give
one decision in opposition to the Torah, and the humblest Jewish apprentice
will refuse obedience Е and rebuke the Rabbi for his error or forgetfulness of
his duty, and remind him that among Jews it is not the clerical robe nor
government decrees that confers authority, that the word of the most celebrated
Rabbi carries weight only so long as it accords with the law, and is null and
void if it conflicts with the law sanctioned in Israel.Ф
Because
the Torah belongs to the people as a whole, no hierarchical power can impose
any regulations or any officials on a Jewish community without first obtaining
its consent.а As the Sages themselves
teach:а УWe must not appoint a leader
over the community without first consulting itФ (Berachot 55a).а They also teach that every regulation made
by a Beit Din which has not been accepted by the majority has no binding force.
ааааааааааа This should not be construed in
terms of contemporary democratic thought.а
There is no unqualified majoritarianism in the Torah.а Under Judaic law the minority can compel the
majority to carry out everything which is a legal obligation of the
community.а (Contrast the American
Constitution whereby an individual can bring a suit to the Supreme Court which
in turn can declare a law enacted by Congress unconstitutional, hence null and
void.)
ааааааааааа The above analysis should dispel the
prejudice that a Torah government would be a Уtheocracy,Ф a state ruled by a
priestly caste.а Incidentally, back in
the 18th century, Harvard president Samuel Langdon considered the
government embodied in the Torah to be a Уperfect republic.Ф
ааааааааааа