Sefer HaChinuch ספר החינוך

To appoint a king from Israel: That we were commanded to appoint upon ourselves a king from Israel, so that he can gather us all together and administer us according to his desire. And about this is it stated (Deuteronomy 17:15), “Surely place upon yourself a king, etc.” And in Sifrei Devarim 157, “‘Surely place upon yourself a king’ is a positive commandment.”

I have written from the roots of the commandment in the Order of Mishpatim on the negative commandment of the chieftain (Sefer HaChinukh 71). And there I wrote at length about the benefit that is found for a people in there being one person upon them as the head and as the officer; as the order of the people will not be preserved without this. And behold, you see in the books of the Prophets that it comes as a curse when many people are the head in one place — and as it is written. (See the book of Judges 9.)

From the laws of the commandment is that which they, may their memory be blessed, said (Mishneh Torah, Laws of Kings and Wars 1:3) that we do not a priori set up a king in Israel except by the word of a court of seventy elders and by the word of a prophet — like Yehoshua, as Moshe, our teacher, and his court appointed him; and like Shaul and David, as Shmuel HaRamati and his court appointed them. And [also] that which they said (in Sifrei Devarim 157), that we do not set up a woman to the monarchy, as it is stated, “a king” — and not a queen. And when they would set up a king, they would anoint him with anointing oil (Mishneh Torah, Laws of Kings and Wars 1:7). And once he has been appointed, he acquires the monarchy for himself and for his sons, as it is written (Deuteronomy 17:20), “in order that he will have length of days upon his monarchy; he and his sons, among Israel.” If he [only] left over a minor son, we preserve the monarchy for him until he grows up, as Yehoyada did for Yoash. And anyone who is precedent for the inheritance is precedent for the inheritance of the monarchy. And the big son precedes the small son. And it is not just the monarchy, but all positions of authority — in actuality or as an honorary title from the honorary titles — and all appointments in Israel are an inheritance for a man, such that his son acquires it after him, and his son’s son, and his son’s son’s son forever. And this is when he fills the place of his fathers with the fear of Heaven. But if there is no fear of Heaven in him — even though he has great wisdom — there is no need to say that we do not appoint him to an appointment of the appointments in Israel, but it is [even] fitting to hate him and distance him. And about them, David stated (Psalms 5:6), “[You] have hated all doers of iniquity.”

And [also] that which they, may their memory be blessed, said (Sanhedrin 19b), “‘Surely place upon yourself a king’ — that his fear should be upon you”; meaning to say that we fear him, trust his words in every matter that he does not command against the commandments of the Torah and that we honor him with the full honor that can be fitting for flesh and blood. And in the hand of the king is the right to kill anyone who transgresses the commandment of the king who is established according to the Torah, or rebels against any matter [pertaining to him]. And there is no angle of iniquity in this, to the point where they, may their memory be blessed, said (Shabbat 56a) that Uriah became liable for his soul (life), when he said in front of David, “my master, Yoav” (II Samuel 11:11) — as he should not have mentioned mastery about any other man in front of the king. And [also] that which they, may their memory be blessed, said (Sanhedrin 20b) that in the hand of the king is the power to make a road in the middle of fields and vineyards, and that he may judge people according to what appears to him to be the truth — and even without clear witnesses. And [also] that which they said (Sanhedrin 22a) that we do not ride on his horse; we do not sit on his throne; we do not marry his widow; we do not use his scepter, his crown nor any vessels he uses. And all of this is for his stature and his honor. And when he dies, his vessels are burned in front of his bier. And [also] that which they said (Sanhedrin 19b) that [if] a king forgoes his honor, his honor is not forgone. And all of these things, they are all for the good of the people and for their benefit. And the laws of the king are all like they are explained in the book of I Samuel 8:11-17. [These] and the rest of the details of the commandment are elucidated in the second chapter of Sanhedrin, in the first chapter of Keritot and in the seventh chapter of Sotah. And this is from the commandments that are incumbent upon all of the community; [that is] upon the males, as it is proper for them to do these matters.

And this commandment is practiced when Israel is on their Land — and like they, may their memory be blessed, said (Sanhedrin 20b), “Israel was commanded three commandments in their entering into the Land: to appoint a king over themselves, to build the Choice House and to cut off the seed of Amalek.” And do not ruminate about my words, my son, to say, “And how can my father count this as one of the commandments practiced by [all] the generations? And is it not that since King David was anointed, that this commandment was withdrawn from Israel; since it is not upon them to appoint another king, as David and his seed are the elevated ones over them ‘until Shilo comes,’ that the king be from his seed forever — may it be speedily and in our days?” As the content of this commandment is not only to appoint a new king; but rather from its content is all that we have mentioned — to anoint a new king if there is a cause that necessitates it — but also to set up the monarchy in the hand of the inheritor, to put his fear upon us, to behave [towards] him in everything according to the Torah and according to the well-known commandment. And this is truthfully practiced forever.