Now, bring Aharon your brother near to yourself.[2]
Moshe, claims a midrash[3], was not pleased to hear this. Recognizing that avodah is one of the three pillars upon which the world stands, he wanted the role of kohen gadol for himself. Hashem responded to him: “I had a Torah, and gave it to you. Without that Torah, the world would cease to exist.” How was this a consolation to Moshe? What is the midrash telling us?
Rav advised Rav Assi not to live in a city whose mayor is a Torah sage.[4] Why? Torah sages take their learning so seriously, that they have difficulty making time for other endeavors. They will therefore not give their mayoral responsibilities as much attention as they deserve, and the city will suffer. This was what Hashem conveyed to Moshe. “Let’s understand this. Nothing could be more important than the role you have as the teacher of Torah to the nation. It is a full-time occupation. People need access to you to answer all their questions. I cannot have you dilute your Torah mission by taking on the role of Chief Avodah Officer as well!”
We can take it a step further. A lawgiver cannot serve as a judge and preside over the application of the law as well. To do so would invite cynical criticism. People will assume that he simply makes up the laws as he sees fit. To maintain respect for the law as an independent, compelling set of legal principles that are above the whims of an individual, the lawgiver – the one who conveys the legal system to the pubic – has to stay out of the courtroom. His role is to teach about the law, rather than overseeing its application, particularly in resolving conflicts between people. He must forever represent the objectivity of his system, and not leave room for people to see him as a capable problem-solver.
This observation may have been behind Yisro’s sharp critique[5] of his father-in-law. Yisro inquires about the long lines in front of Moshe’s tent. What are all these people doing here? Moshe replies that they all seek knowledge about Hashem. Yisro responds that this will not do. Moshe will be crushed by the pressure. Rather, he should remain the Teacher, bringing Hashem’s word to the people, and appointed judges will oversee the practical implementation of Torah law. Yisro perhaps meant the point we just made. “If you, Moshe, are the one who brings word to the people of Hashem’s understanding of justice, then you should not be offering the day-by-day rulings. That job should be assigned to others. Otherwise, you compromise the objectivity of the Law, allowing people to think that it is just an arbitrary tool to achieve community cohesion.”
This argument applies to the kehunah as well. Kohanim should not become kings.[6] Ramban[7] criticizes the Chashmonaim for setting up a hereditary monarchy, despite the fact that they were kohanim. The three branches of government – executive, judicial, and prophetic – need to remain independent of each other.
It took till the 18th century for Montesquieu to realize it, and to change Western governments that came to subscribe to the principle of the separation of powers.
- Adapted from Divrei Shaul, by Rav Yosef Shaul Nathanson, the Shoel U-Meishiv ↑
- Shemos 28:1 ↑
- Shemos Rabbah 37:4 ↑
- Pesachim 113a, according to Rashi’s second approach and variant text ↑
- Shemos 18:14 ↑
- Yerushalmi Horayos 3:2 ↑
- Bereishis 49:10 ↑