[Avodah] What would a Torah government look like

[Micha Berger]

(I think this thread belongs here, not Areivim. Reposting accordingly.
Feel free to do the same, add replies, etc...)

The Torah describes a system of checks and balances between three
branches of gov't.

The judicial branch, comprised of Beis Din haGadol and the rabbinate.
The kehunah, providing moral, educational and spiritual leadership.
The executive branch which had its own internal checks and balances
between the melekh and his court navi.

The melukhah, nevu'ah and kehunah each had to be distinct people.
Either could (and often did) serve on beis din. And so, we speak of
Shlomo ubeis dino. And yet, David listened to Nasan, even though it's
hard to believe that meant Nasan was the greater navi.

The US constitution is a collection of laws about how to make laws. An
almost empty framework. Halakhah gives a lot more guidance. But to
actually run a society, one would still need to fill in such holes in
cases that aren't assur, but posing a hazard.  The core law is
halakhah, but beis din created further takanos for organizing society,
and the melekh made decrees to address its needs.

For example, even during bayis sheini, I picture that most crimes were
handled in ways other than those spelled out in seider neziqim. Chiyuv
misah is very hard to qaulify for. Death by dry barley also requires a
certain level of certainty -- just a lack of 2 eidim. But there had to
be a place to put someone who is a danger to society.


SheTir'u baTov!
-micha

-- 
Micha Berger             One who kills his inclination is as though he
micha at aishdas.org        brought an offering. But to bring an offering,
http://www.aishdas.org   you must know where to slaughter and what
Fax: (270) 514-1507      parts to offer.        - R' Simcha Zissel Ziv

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SheTir'u baTov!
-micha

-- 
Micha Berger             One who kills his inclination is as though he
micha at aishdas.org        brought an offering. But to bring an offering,
http://www.aishdas.org   you must know where to slaughter and what
Fax: (270) 514-1507      parts to offer.        - R' Simcha Zissel Ziv