Is It a Mitzvah to Vote?

Voting in Judaism "on one foot":

Judaism has much to say about Jewish participation in voting opportunities. This source sheet examines what the traditional texts say on the matter.

Do we need a leader?

(יח) שֹׁפְטִ֣ים וְשֹֽׁטְרִ֗ים תִּֽתֶּן־לְךָ֙ בְּכָל־שְׁעָרֶ֔יךָ אֲשֶׁ֨ר יְהוָ֧ה אֱלֹהֶ֛יךָ נֹתֵ֥ן לְךָ֖ לִשְׁבָטֶ֑יךָ וְשָׁפְט֥וּ אֶת־הָעָ֖ם מִשְׁפַּט־צֶֽדֶק׃
(18) You shall appoint magistrates and officials for your tribes, in all the settlements that the LORD your God is giving you, and they shall govern the people with due justice.

Context: The Torah is describing a set of laws about how justice should be ensured.

What sort of leader does the Torah describe here?

Does the Torah think this kind of leader is a good idea?

(יד) כִּֽי־תָבֹ֣א אֶל־הָאָ֗רֶץ אֲשֶׁ֨ר יְהוָ֤ה אֱלֹהֶ֙יךָ֙ נֹתֵ֣ן לָ֔ךְ וִֽירִשְׁתָּ֖הּ וְיָשַׁ֣בְתָּה בָּ֑הּ וְאָמַרְתָּ֗ אָשִׂ֤ימָה עָלַי֙ מֶ֔לֶךְ כְּכָל־הַגּוֹיִ֖ם אֲשֶׁ֥ר סְבִיבֹתָֽי׃ (טו) שׂ֣וֹם תָּשִׂ֤ים עָלֶ֙יךָ֙ מֶ֔לֶךְ אֲשֶׁ֥ר יִבְחַ֛ר יְהוָ֥ה אֱלֹהֶ֖יךָ בּ֑וֹ מִקֶּ֣רֶב אַחֶ֗יךָ תָּשִׂ֤ים עָלֶ֙יךָ֙ מֶ֔לֶךְ לֹ֣א תוּכַ֗ל לָתֵ֤ת עָלֶ֙יךָ֙ אִ֣ישׁ נָכְרִ֔י אֲשֶׁ֥ר לֹֽא־אָחִ֖יךָ הֽוּא׃

(14) If, after you have entered the land that the LORD your God has assigned to you, and taken possession of it and settled in it, you decide, “I will set a king over me, as do all the nations about me,” (15) you shall be free to set a king over yourself, one chosen by the LORD your God. Be sure to set as king over yourself one of your own people; you must not set a foreigner over you, one who is not your kinsman.

Context: This comes right after the Torah has described the things that a magistrate should do to implement justice.

What sort of leader does the Torah describe here?

Does the Torah think this kind of leader is a good idea?

וכן היה רבי יהודה אומר ג' מצות נצטוו ישראל בכניסתן לארץ להעמיד להם מלך ולהכרית זרעו של עמלק ולבנות להם בית הבחירה
The baraita continues: And so would Rabbi Yehuda say: Three mitzvot were commanded to the Jewish people upon their entrance into Eretz Yisrael, which apply only in Eretz Yisrael: They were commanded to establish a king for themselves (see Deuteronomy 17:14–15), and to cut off the seed of Amalek in war (see Deuteronomy 25:17–19), and to build the Chosen House, i.e., the Temple, in Jerusalem (see Deuteronomy 12:10–12).

Context: This comes in the Babylonian Talmud, Tractate Sanhedrin, in a discussion about whether kings are a good idea or not.

What does Rabbi Yehudah think about this?

Based on your read of Deut. 17:14-15, do you agree with him?

(ד) וַיִּֽתְקַבְּצ֔וּ כֹּ֖ל זִקְנֵ֣י יִשְׂרָאֵ֑ל וַיָּבֹ֥אוּ אֶל־שְׁמוּאֵ֖ל הָרָמָֽתָה׃ (ה) וַיֹּאמְר֣וּ אֵלָ֗יו הִנֵּה֙ אַתָּ֣ה זָקַ֔נְתָּ וּבָנֶ֕יךָ לֹ֥א הָלְכ֖וּ בִּדְרָכֶ֑יךָ עַתָּ֗ה שִֽׂימָה־לָּ֥נוּ מֶ֛לֶךְ לְשָׁפְטֵ֖נוּ כְּכָל־הַגּוֹיִֽם׃ (ו) וַיֵּ֤רַע הַדָּבָר֙ בְּעֵינֵ֣י שְׁמוּאֵ֔ל כַּאֲשֶׁ֣ר אָמְר֔וּ תְּנָה־לָּ֥נוּ מֶ֖לֶךְ לְשָׁפְטֵ֑נוּ וַיִּתְפַּלֵּ֥ל שְׁמוּאֵ֖ל אֶל־יְהוָֽה׃ (פ) (ז) וַיֹּ֤אמֶר יְהוָה֙ אֶל־שְׁמוּאֵ֔ל שְׁמַע֙ בְּק֣וֹל הָעָ֔ם לְכֹ֥ל אֲשֶׁר־יֹאמְר֖וּ אֵלֶ֑יךָ כִּ֣י לֹ֤א אֹֽתְךָ֙ מָאָ֔סוּ כִּֽי־אֹתִ֥י מָאֲס֖וּ מִמְּלֹ֥ךְ עֲלֵיהֶֽם׃ (ח) כְּכָֽל־הַמַּעֲשִׂ֣ים אֲשֶׁר־עָשׂ֗וּ מִיּוֹם֩ הַעֲלֹתִ֨י אֹתָ֤ם מִמִּצְרַ֙יִם֙ וְעַד־הַיּ֣וֹם הַזֶּ֔ה וַיַּ֣עַזְבֻ֔נִי וַיַּעַבְד֖וּ אֱלֹהִ֣ים אֲחֵרִ֑ים כֵּ֛ן הֵ֥מָּה עֹשִׂ֖ים גַּם־לָֽךְ׃ (ט) וְעַתָּ֖ה שְׁמַ֣ע בְּקוֹלָ֑ם אַ֗ךְ כִּֽי־הָעֵ֤ד תָּעִיד֙ בָּהֶ֔ם וְהִגַּדְתָּ֣ לָהֶ֔ם מִשְׁפַּ֣ט הַמֶּ֔לֶךְ אֲשֶׁ֥ר יִמְלֹ֖ךְ עֲלֵיהֶֽם׃ (ס) (י) וַיֹּ֣אמֶר שְׁמוּאֵ֔ל אֵ֖ת כָּל־דִּבְרֵ֣י יְהוָ֑ה אֶל־הָעָ֕ם הַשֹּׁאֲלִ֥ים מֵאִתּ֖וֹ מֶֽלֶךְ׃ (ס) (יא) וַיֹּ֕אמֶר זֶ֗ה יִֽהְיֶה֙ מִשְׁפַּ֣ט הַמֶּ֔לֶךְ אֲשֶׁ֥ר יִמְלֹ֖ךְ עֲלֵיכֶ֑ם אֶת־בְּנֵיכֶ֣ם יִקָּ֗ח וְשָׂ֥ם לוֹ֙ בְּמֶרְכַּבְתּ֣וֹ וּבְפָרָשָׁ֔יו וְרָצ֖וּ לִפְנֵ֥י מֶרְכַּבְתּֽוֹ׃ (יב) וְלָשׂ֣וּם ל֔וֹ שָׂרֵ֥י אֲלָפִ֖ים וְשָׂרֵ֣י חֲמִשִּׁ֑ים וְלַחֲרֹ֤שׁ חֲרִישׁוֹ֙ וְלִקְצֹ֣ר קְצִיר֔וֹ וְלַעֲשׂ֥וֹת כְּלֵֽי־מִלְחַמְתּ֖וֹ וּכְלֵ֥י רִכְבּֽוֹ׃ (יג) וְאֶת־בְּנוֹתֵיכֶ֖ם יִקָּ֑ח לְרַקָּח֥וֹת וּלְטַבָּח֖וֹת וּלְאֹפֽוֹת׃ (יד) וְאֶת־שְׂ֠דֽוֹתֵיכֶם וְאֶת־כַּרְמֵיכֶ֧ם וְזֵיתֵיכֶ֛ם הַטּוֹבִ֖ים יִקָּ֑ח וְנָתַ֖ן לַעֲבָדָֽיו׃ (טו) וְזַרְעֵיכֶ֥ם וְכַרְמֵיכֶ֖ם יַעְשֹׂ֑ר וְנָתַ֥ן לְסָרִיסָ֖יו וְלַעֲבָדָֽיו׃ (טז) וְאֶת־עַבְדֵיכֶם֩ וְֽאֶת־שִׁפְח֨וֹתֵיכֶ֜ם וְאֶת־בַּחוּרֵיכֶ֧ם הַטּוֹבִ֛ים וְאֶת־חֲמוֹרֵיכֶ֖ם יִקָּ֑ח וְעָשָׂ֖ה לִמְלַאכְתּֽוֹ׃ (יז) צֹאנְכֶ֖ם יַעְשֹׂ֑ר וְאַתֶּ֖ם תִּֽהְיוּ־ל֥וֹ לַעֲבָדִֽים׃ (יח) וּזְעַקְתֶּם֙ בַּיּ֣וֹם הַה֔וּא מִלִּפְנֵ֣י מַלְכְּכֶ֔ם אֲשֶׁ֥ר בְּחַרְתֶּ֖ם לָכֶ֑ם וְלֹֽא־יַעֲנֶ֧ה יְהוָ֛ה אֶתְכֶ֖ם בַּיּ֥וֹם הַהֽוּא׃

(4) All the elders of Israel assembled and came to Samuel at Ramah, (5) and they said to him, “You have grown old, and your sons have not followed your ways. Therefore appoint a king for us, to govern us like all other nations.” (6) Samuel was displeased that they said “Give us a king to govern us.” Samuel prayed to the LORD, (7) and the LORD replied to Samuel, “Heed the demand of the people in everything they say to you. For it is not you that they have rejected; it is Me they have rejected as their king. (8) Like everything else they have done ever since I brought them out of Egypt to this day—forsaking Me and worshiping other gods—so they are doing to you. (9) Heed their demand; but warn them solemnly, and tell them about the practices of any king who will rule over them.” (10) Samuel reported all the words of the LORD to the people, who were asking him for a king. (11) He said, “This will be the practice of the king who will rule over you: He will take your sons and appoint them as his charioteers and horsemen, and they will serve as outrunners for his chariots. (12) He will appoint them as his chiefs of thousands and of fifties; or they will have to plow his fields, reap his harvest, and make his weapons and the equipment for his chariots. (13) He will take your daughters as perfumers, cooks, and bakers. (14) He will seize your choice fields, vineyards, and olive groves, and give them to his courtiers. (15) He will take a tenth part of your grain and vintage and give it to his eunuchs and courtiers. (16) He will take your male and female slaves, your choice young men, and your asses, and put them to work for him. (17) He will take a tenth part of your flocks, and you shall become his slaves. (18) The day will come when you cry out because of the king whom you yourselves have chosen; and the LORD will not answer you on that day.”

Context: Samuel has been the leader of the Israelites, and when he grew old his sons took over. Samuel was a good leader, his sons were not.

How does Samuel feel about the request of the people?

How does G-d feel?

Do we need a government?

(ד) כֹּ֥ה אָמַ֛ר יְהוָ֥ה צְבָא֖וֹת אֱלֹהֵ֣י יִשְׂרָאֵ֑ל לְכָל־הַ֨גּוֹלָ֔ה אֲשֶׁר־הִגְלֵ֥יתִי מִירוּשָׁלִַ֖ם בָּבֶֽלָה׃ (ה) בְּנ֥וּ בָתִּ֖ים וְשֵׁ֑בוּ וְנִטְע֣וּ גַנּ֔וֹת וְאִכְל֖וּ אֶת־פִּרְיָֽן׃ (ו) קְח֣וּ נָשִׁ֗ים וְהוֹלִידוּ֮ בָּנִ֣ים וּבָנוֹת֒ וּקְח֨וּ לִבְנֵיכֶ֜ם נָשִׁ֗ים וְאֶת־בְּנֽוֹתֵיכֶם֙ תְּנ֣וּ לַֽאֲנָשִׁ֔ים וְתֵלַ֖דְנָה בָּנִ֣ים וּבָנ֑וֹת וּרְבוּ־שָׁ֖ם וְאַל־תִּמְעָֽטוּ׃ (ז) וְדִרְשׁ֞וּ אֶת־שְׁל֣וֹם הָעִ֗יר אֲשֶׁ֨ר הִגְלֵ֤יתִי אֶתְכֶם֙ שָׁ֔מָּה וְהִתְפַּֽלְל֥וּ בַעֲדָ֖הּ אֶל־יְהוָ֑ה כִּ֣י בִשְׁלוֹמָ֔הּ יִהְיֶ֥ה לָכֶ֖ם שָׁלֽוֹם׃ (פ)

(4) Thus saith the LORD of hosts, the God of Israel, unto all the captivity, whom I have caused to be carried away captive from Jerusalem unto Babylon: (5) Build ye houses, and dwell in them, and plant gardens, and eat the fruit of them; (6) take ye wives, and beget sons and daughters; and take wives for your sons, and give your daughters to husbands, that they may bear sons and daughters; and multiply ye there, and be not diminished. (7) And seek the peace of the city whither I have caused you to be carried away captive, and pray unto the LORD for it; for in the peace thereof shall ye have peace.

Context: Jeremiah is a prophet in Jerusalem who witnessed the Babylonians destroying the First Temple. He is writing a letter from Jerusalem to those whom the Babylonians have exiled to Babylon, urging them to not have false hope and rebel against Babylon. Jeremiah says that G-d will redeem them in the not-so-distant future, but it will still be a while so they should settle in.

How does Jeremiah feel about the interactions of the Jews with the non-Jewish government?

Does voting count as “seek the peace of the city”?

(ב) רַבִּי חֲנִינָא סְגַן הַכֹּהֲנִים אוֹמֵר, הֱוֵי מִתְפַּלֵּל בִּשְׁלוֹמָהּ שֶׁל מַלְכוּת, שֶׁאִלְמָלֵא מוֹרָאָהּ, אִישׁ אֶת רֵעֵהוּ חַיִּים בְּלָעוֹ.

(2) Rabbi Chanina, the Deputy High Priest, says: Pray for the welfare of the government, for were it not for the fear of it, man would swallow his fellow alive.

Context: Pirkei Avot is the section of the Mishnah (in the Talmud) which is a collection of quotes from the rabbis. Rabbi Chanina, who was next in line to be the High Priest, lived during the last years of the Second Temple, when the Romans were in charge. It was a time of great dispute between Jews who opposed the Roman occupation and Jews who were trying to make the best of the situation.

How does Rabbi Chanina feel about the interactions of Jews with the non-Jewish government?

דבר אחר מה דגים שבים כל הגדול מחבירו בולע את חבירו אף בני אדם אלמלא מוראה של מלכות כל הגדול מחבירו בולע את חבירו והיינו דתנן רבי חנינא סגן הכהנים אומר הוי מתפלל בשלומה של מלכות שאלמלא מוראה של מלכות איש את רעהו חיים בלעו

Alternatively, just as in the case of fish of the sea, any fish that is bigger than another swallows the other, so too in the case of people, were it not for the fear of the ruling government, anyone who is bigger than another would swallow the other. And this is as we learned in a mishna (Avot 3:2) that Rabbi Ḥanina, the deputy High Priest, says: One should pray for the continued welfare of the government, as were it not for the fear of the government, every man would swallow his neighbor alive.

Context: In the Babylonian Talmud, Tractate Avodah Zarah, there is a discussion about this verse from the Biblical book of Habakuk: "You have made people like the fish of the sea, like creeping things that have no ruler." This is one of the interpretations presented.

Do you think this is what would happen without a government?

גמ׳ אָמַר שְׁמוּאֵל דִּינָא דְמַלְכוּתָא דִּינָא

GEMARA: The Gemara asks, concerning the mishna’s statement: But didn’t Shmuel say: The law of the kingdom is the law, i.e., there is a halakhic principle that Jews must obey the laws of the state in which they live?

Context: The Babylonian Talmud, in Tractate Nedarim, is discussing when you are allowed to tell falsehoods. In this particular case, the discussion is about what you have to tell the IRS vs. a scam artist pretending to be the IRS (as it existed in the 400s in Babylonia).

What does this principle say about Jewish law versus secular law?

(ד) הרדיפה וההגבלה בדרך החיים אינן בעצם תנאי הגלות, ונהפוך הוא, חוב מוטל עלינו לפי היכולת, להאחז במדינה אשר תקבל אותנו לגור בה; להשתדל להוציא לפועל את מטרת המדינה ותועלתה, ובדרשנו את טובת עצמנו, עלינו לדרוש גם את שלומה וטובתה.

(4) To be pushed back and limited upon the path of life is, therefore, not an essential condition of the exile, but, on the contrary, it is our duty to join ourselves as closely as possible to the state which receives us into its midst, to promote its welfare and not to consider our well-being as in any way separate from that of the state to which we belong.

Context: Rabbi Samson Raphael Hirsch was a German rabbi in the 1800s, during a time when the Reform Movement was first getting started. He published "Nineteen Letters" in 1836 as a fictional exchange of letters between somebody wondering about all the things the Reform Movement was changing, and a rabbi sticking up for traditional Judaism. Rabbi Hirsch became the founder of Modern Orthodoxy, still making some changes to Judaism (like sermons in the vernacular), but generally not changing much.

How does Rabbi Samson Raphael Hirsch feel about Jews being involved in society/politics?

Should we follow the majority?

(ב) לֹֽא־תִהְיֶ֥ה אַחֲרֵֽי־רַבִּ֖ים לְרָעֹ֑ת וְלֹא־תַעֲנֶ֣ה עַל־רִ֗ב לִנְטֹ֛ת אַחֲרֵ֥י רַבִּ֖ים לְהַטֹּֽת׃

(2) Thou shalt not follow a multitude to do evil; neither shalt thou bear witness in a cause to turn aside after a multitude to pervert justice;

Context: This comes in a short section in the Biblical Book of Exodus regarding doing justice in court cases.

According to Exodus, should we follow the majority?

וַאֲנִי אוֹמֵר לְיַשְּׁבוֹ עַל אָפְנָיו כִּפְשׁוּטוֹ כָךְ פִּתְרוֹנוֹ: לא תהיה אחרי רבים לרעת. אִם רָאִיתָ רְשָׁעִים מַטִּין מִשְׁפָּט, לֹא תֹאמַר, הוֹאִיל וְרַבִּים הֵם הִנְנִי נוֹטֶה אַחֲרֵיהֶם:

But I think that if one wishes to explain the verse so that every thing should fit in properly, its exegesis must be as follows: לא תהיה אחרי רבים לרעת, If you see wicked men wresting judgment do not say: since they are many I will incline after them;

Context: Rashi is short for Rabbi Shlomo ben Yitzchak. He lived in the 1000s in France and is considered the greatest commentator on the Bible and Talmud.

According to Rashi, should we follow the majority?

(ב) לא תהיה אחרי רבים לרעות - אם הם דנים שלא כדין לפי דעתך ואף על פי שלא יאמינו לך כי אם למרובים.

(2) לא תהיה אחרי רבים לרעות, if, in your opinion, the majority are about to commit an error in judgment, do not remain silent because they are the majority, but state your view. This applies even if you know beforehand that they will not accept your viewpoint but that of the majority.

Context: The Rashbam, short for Rabbi Shmuel ben Meir, was a grandson of the great commentator Rashi. The Rashbam lived in the 1100s.

According to the Rashbam, should you follow the majority?

מנא הא מילתא דאמור רבנן זיל בתר רובא מנלן דכתיב (שמות כג, ב) אחרי רבים להטות רובא דאיתא קמן כגון ט' חנויות וסנהדרין לא קא מיבעיא לן

§ After discussing the role of presumptive status in determining halakha, the Gemara discusses the role of the majority. From where is this matter that the Sages stated: Follow the majority, derived? The Gemara is surprised at the question: From where do we derive it? Obviously, it is derived from a verse, as it is written explicitly: “After the majority to incline” (Exodus 23:2). The Gemara explains: With regard to a majority that is quantifiable before us, for example, in the case of a piece of meat that was found on the street before ten shops, nine shops selling kosher meat and one shop selling non-kosher meat, one follows the majority and deems that piece kosher. Or when the Sanhedrin adjudicates a case, one follows a majority of the judges in determining the ruling. In these cases, we do not raise the dilemma.

Context: The Babylonian Talmud, in Tractate Chullin, is discussing how one makes decisions about kosher butchering when there is an uncertainty.

According to the Talmud's interpretation of "Don't follow after the majority", should you follow after the majority?

עמד רבי יהושע על רגליו ואמר (דברים ל, יב) לא בשמים היא מאי לא בשמים היא אמר רבי ירמיה שכבר נתנה תורה מהר סיני אין אנו משגיחין בבת קול שכבר כתבת בהר סיני בתורה (שמות כג, ב) אחרי רבים להטות אשכחיה רבי נתן לאליהו א"ל מאי עביד קוב"ה בההיא שעתא א"ל קא חייך ואמר נצחוני בני נצחוני בני

Rabbi Yehoshua stood on his feet and said: It is written: “It is not in heaven” (Deuteronomy 30:12). The Gemara asks: What is the relevance of the phrase “It is not in heaven” in this context? Rabbi Yirmeya says: Since the Torah was already given at Mount Sinai, we do not regard a Divine Voice, as You already wrote at Mount Sinai, in the Torah: “After a majority to incline” (Exodus 23:2). Since the majority of Rabbis disagreed with Rabbi Eliezer’s opinion, the halakha is not ruled in accordance with his opinion. The Gemara relates: Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be G-d, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: The Holy One, Blessed be G-d, smiled and said: My children have triumphed over Me; My children have triumphed over Me.

Context: The Babylonian Talmud, in Tractate Bava Metzia, is telling a story in which all the rabbis disagree with Rabbi Eliezer about whether a particular oven is pure or not. Rabbi Eliezer brings miracles from nature to prove his point, culminating in G-d chiming in that Rabbi Eliezer is right.

According to the Talmud in Tractate Bava Metzia, should we follow the majority?

Did Jews vote on communal matters?

וְרַב יוֹסֵף אָמַר: אַף מִתַּקָּנַת רַבָּן יוֹחָנָן בֶּן זַכַּאי וְאֵילָךְ — בֵּיצָה אֲסוּרָה. מַאי טַעְמָא: הָוֵי דָּבָר שֶׁבְּמִנְיָן, וְכׇל דָּבָר שֶׁבְּמִנְיָן — צָרִיךְ מִנְיָן אַחֵר לְהַתִּירוֹ.

And Rav Yoseif said: "Even from [the time of] the decree of Rabban Yohanan ben Zakkai and forward, the egg is forbidden; what's the reason? It [the original decree] was a matter [decided] in a vote, and any matter that was [decided] in a vote needs another vote to permit it."

Context: This is from the Babylonian Talmud, Tractate Beitza, which is about eggs and the rules for eating them if they have been laid on Shabbat or holidays. This specific text has to do with whether an egg laid on the first day of Rosh Hashanah can be eaten on the second day of the holiday. The Sanhedrin settled that with a vote, and so one rabbi can not just overrule that with his own ruling.

What does this say about Jewish views of leadership by many instead of just by one?

Does this say anything about Jewish views on multiple people getting to decide how matters should go?

אָמַר רִבִּי יוֹחָנָן. מְקוּבָּל אֲנִי מֵרִבִּי לָֽעְזָר בֵּירִבִּי צָדוֹק שֶׁכָּל־גְּזֵירָה שֶׁבֵּית דִּין גּוֹזְרִין וְאֵין רוֹב צִּיבּוּר מְקַבְּלִין עֲלֵיהֶן אֵינָהּ גְּזֵירָה. בָּֽדְקוּ וּמָֽצְאוּ בִּגְזֵירָתוֹ שֶׁלְּשֶׁמֶן וְלָא מָֽצְאוּ שֶׁקִּיבְּלוּ רוֹב הַצִּיבּוּר עֲלֵיהֶן.

Rebbi Yochanan said, I have a tradition in the name of Rebbi Eleazar ben Rebbi Tzadok that any restrictive edict passed by a court which is not accepted by the majority of the public is not an edict. They checked and found in the matter of the edict about oil and did not find that a majority of the public followed it.

Context: This is from the Jerusalem Talmud, Tractate Avodah Zarah, which is about idol worship. It is saying that a gezeirah, which is a rabbinic innovation to meet the needs of the time, has to be put in place by a beit din, Rabbinic court, but the community still has to accept it for it to be binding.

On the spectrum between dictatorship and representative democracy, where does this text fall?

שו׳׳ת הרא׳׳ש כלל ו סימן ה׳

Responsa of the Rosh 6:10

Regarding your question of whether two or three citizens in a city may remove themselves from a communal agreement, or from a decree of cherem (excommunication) on something:

Know, that regarding communal affairs, the Torah says, "lean towards the majority" (a rabbinic translation of Shemot 23:2). Regarding any matter that the community agrees upon, go after the majority, and individuals must uphold everything that the majority decides for them. For if not, the community will never agree about anything, if it was within the power of individuals to negate the agreement. Therefore the Torah says: regarding everything there's an agreement of the majority, "lean towards the majority."

The Rosh, which is short for “Rabbeinu Asher” (Ben Yechiel) lived in the late 1200s and early 1300s in Europe. He issued responsa, which were responses to questions he received about living Jewishly.

How is this relevant to voting today?

כל צרכי ציבור שאינן יכולין להשוות עצמן יש להושיב כל בע"ב הנותנים מס ויקבלו עליהם שכל אחד יאמר דעתו לשם שמים וילכו אחר הרוב

For any community matter on which they cannot find common ground, they should convene all taxpayers, and they should agree that each will voice his view altruistically, and they will follow the majority

Context: This is from the Shulchan Aruch, Rabbi Joseph Caro’s law code in 1563, specifically the Rema’s gloss on how it applies to Ashkenazi Jews in Central/Eastern Europe. Rabbi Caro consulted the Rosh as one of the key sources for what he included. This part of the Shulchan Aruch is Choshen Mishpat, which has to do with legal matters. In this section, it is discussing what happens when there’s a matter of communal security or communal resources and the community can’t come to consensus.

How is this similar and different to what happens in America today?

Did Jews vote for leaders?

אָמַר רַבִּי יִצְחָק: אֵין מַעֲמִידִין פַּרְנָס עַל הַצִּבּוּר אֶלָּא אִם כֵּן נִמְלָכִים בַּצִּבּוּר, שֶׁנֶּאֱמַר: ״רְאוּ קָרָא ה׳ בְּשֵׁם בְּצַלְאֵל״, אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לְמֹשֶׁה: מֹשֶׁה, הָגוּן עָלֶיךָ בְּצַלְאֵל? אָמַר לוֹ: רִבּוֹנוֹ שֶׁל עוֹלָם, אִם לְפָנֶיךָ הָגוּן — לְפָנַי לֹא כׇּל שֶׁכֵּן! אָמַר לוֹ: אַף עַל פִּי כֵן, לֵךְ אֱמוֹר לָהֶם. הָלַךְ וְאָמַר לָהֶם לְיִשְׂרָאֵל: הָגוּן עֲלֵיכֶם בְּצַלְאֵל? אָמְרוּ לוֹ: אִם לִפְנֵי הַקָּדוֹשׁ בָּרוּךְ הוּא וּלְפָנֶיךָ הוּא הָגוּן, לְפָנֵינוּ לֹא כׇּל שֶׁכֵּן!

With regard to Bezalel’s appointment, Rabbi Yitzḥak said: One may only appoint a leader over a community if he consults with the community and they agree to the appointment, as it is stated: “And Moses said unto the children of Israel: See, the Lord has called by name Bezalel, son of Uri, son of Hur, of the tribe of Judah” (Exodus 35:30). The Lord said to Moses: Moses, is Bezalel a suitable appointment in your eyes? Moses said to G-d: Master of the universe, if he is a suitable appointment in Your eyes, then all the more so in my eyes. The Holy One, Blessed be G-d, said to him: Nevertheless, go and tell Israel and ask their opinion. Moses went and said to Israel: Is Bezalel suitable in your eyes? They said to him: If he is suitable in the eyes of the Holy One, Blessed be G-d, and in your eyes, all the more so he is suitable in our eyes.

Context: This is from the Babylonian Talmud, Tractate Brachot, which is about blessings. This comes after a description of 3 categories of people who need to “bench Gomel”, thanking G-d for saving them from harm - those who travel, those who recover from an illness, and those released from prison. Thereafter, the Talmud talks about other groups of 3, and Rabbi Yochanan says that G-d determines 3 things by Him/Herself - famine, plenty, and leaders. Rabbi Yochanan cites Exodus 35:30 (in the text above) as proof.

This is probably the most relevant text that we have to today’s situation, and it dates back to the year 500 CE or so. What is it saying?

A summary, by Mark Greenspan (Rabbi Emeritus of Beth Shalom Oceanside Jewish Center)

Jewish tradition views government as a human partnership with God. Where Torah predicts that Israelites would want civil rulers instead of priests and prophets, Moses told the people: “[B]e sure to place over yourselves the king that God elects for you” (Deut. 17:14-15). The canon records that God chose the first king, Saul (1 Sam. 9:16-17). The second king, David, was chosen by God but confirmed by “all of Israel’s elders” (2 Sam. 5:3). The third king, his son Solomon, ruled in David’s bloodline but “all the people” together ratified his accession (1 Kings 1:39). Given this democratic shift, Rabbi Yitzchak opined that not even God could select rulers without consulting the people (B.T. Berachot 55a). By medieval days, when Jews elected tax collectors to remit Jewish taxes to Christian realms, Moses Isserles (1520-1572) held that all taxpayers were to assemble and vote “for the sake of heaven” (Shulchan Aruch, Choshen Mishpat 163:1). Declining to vote means ignoring Torah’s notion of human partnership in the “heavenly” work of government. On the other hand, the Chatam Sofer (1762-1839) held that taxpayers who didn’t vote faced no compulsion: their only penalty was to forfeit rights to shape election outcomes.

Still, why should Jews vote today?

תָּנֵי רַבִּי שִׁמְעוֹן בַּר יוֹחָאי, מָשָׁל לִבְנֵי אָדָם שֶׁהָיוּ יוֹשְׁבִין בִּסְפִינָה נָטַל אֶחָד מֵהֶן מַקְדֵּחַ וְהִתְחִיל קוֹדֵחַ תַּחְתָּיו, אָמְרוּ לוֹ חֲבֵרָיו מַה אַתָּה יוֹשֵׁב וְעוֹשֶׂה, אָמַר לָהֶם מָה אִכְפַּת לָכֶם לֹא תַחְתִּי אֲנִי קוֹדֵחַ, אָמְרוּ לוֹ שֶׁהַמַּיִם עוֹלִין וּמְצִיפִין עָלֵינוּ אֶת הַסְּפִינָה.

Rabbi Shimon bar Yochai taught a parable: Men were on a ship. One of them took a drill and started drilling underneath him. The others said to him: What are you sitting and doing?! He replied: What do you care? Is this not underneath my area that I am drilling?! They said to him: But the water will rise and flood us all on this ship!

Context: Leviticus Rabba is a 5th century CE text which is like a set of sermons based on the Biblical Book of Leviticus. This text draws on Leviticus 4:2, which talks about what an individual Israelite should do if he errs, and extends it to how it affects the community.

If we are all in the same boat, and election results affect everybody regardless of whether or not they voted, how does the person drilling under his own seat compare to people you have met (or heard about) in regards to voting in an election?

רַב וְרַבִּי חֲנִינָא וְרַבִּי יוֹחָנָן וְרַב חֲבִיבָא מַתְנוּ: כׇּל מִי שֶׁאֶפְשָׁר לִמְחוֹת לְאַנְשֵׁי בֵיתוֹ וְלֹא מִיחָה — נִתְפָּס עַל אַנְשֵׁי בֵיתוֹ. בְּאַנְשֵׁי עִירוֹ — נִתְפָּס עַל אַנְשֵׁי עִירוֹ. בְּכָל הָעוֹלָם כּוּלּוֹ — נִתְפָּס עַל כָּל הָעוֹלָם כּוּלּוֹ.

It was related that Rav, and Rabbi Ḥanina, and Rabbi Yoḥanan, and Rav Ḥaviva taught...:Anyone who had the capability to effectively protest the sinful conduct of the members of his household and did not protest, he himself is apprehended for the sins of the members of his household and punished. If he is in a position to protest the sinful conduct of the people of his town, and he fails to do so, he is apprehended for the sins of the people of his town. If he is in a position to protest the sinful conduct of the whole world, and he fails to do so, he is apprehended for the sins of the whole world.

Context: This is from the Babylonian Talmud, Tractate Shabbat, in which it is said in the Mishnah that cows are not supposed to do certain things on Shabbat but one rabbi had a cow which did this thing. The Gemara comments that actually, it was his neighbor’s cow, but because he didn’t speak up about that, it was as if he agreed with it.

What does this text have to do with choosing not to vote (assuming voting doesn’t risk one’s health)?

(טז) הוּא הָיָה אוֹמֵר, לֹא עָלֶיךָ הַמְּלָאכָה לִגְמֹר, וְלֹא אַתָּה בֶן חוֹרִין לִבָּטֵל מִמֶּנָּה.

(16) Rabbi Tarfon used to say: It is not up to you to finish the work, but you are not free to abandon it.

Context: This is from Pirkei Avot, a collection of quotes from the rabbis of the Mishna. They lived from the years 300 BCE to 200 CE, and their sayings form a tractate of the Talmud. Rabbi Tarfon lived around the year 135 CE and he owned vineyards in addition to being a teacher.

What would Rabbi Tarfon say to somebody who thought that their one vote couldn’t possibly bring electoral change?

מַלְכָּהּ שֶׁל תּוֹרָה, בְּמִשְׁפָּט שֶׁהוּא עוֹשֵׂה, מַעֲמִיד אֶת הָאָרֶץ... אִם מֵשִׂים אָדָם עַצְמוֹ כִּתְרוּמָה הַזּוּ שְׁמוּשְׁלֶכֵת בְּזָוִיוֹת הַבָּיִת וְאוֹמֵר: מָה לִי בְּטוֹרַח הַצִּבּוּר ?מָה לִי בְּדִינֵיהֶם? מָה לִי לִשְׁמוֹעַ קוֹלָם? שָׁלוֹם עָלֶיךָ נַפְשִׁי! הֲרֵי זֶה מַחֲרִיב אֶת הָעוֹלָם.

Midrash Tanchuma, Mishpatim 2:1

If a person of learning participates in public affairs and serves as judge or arbiter, that person gives stability to the land... But if a person sits in their home and says to themselves, “What have the affairs of society to do with me?... Why should I trouble myself with the people’s voices of protest? Let my soul dwell in peace!”—if one does this, they overthrow the world. [translation by Hazon]

Context: Midrash Tanchuma is a collection of midrashim on the Torah, organized by parasha. It dates to the 700s CE. This midrash is commenting on the first two words of Parashat Mishpatim - v’eileh hamishpatim - these are the laws.

What does this text have to do with somebody who chooses not to vote (assuming that health/safety isn’t an issue)?

אָמַר הוֹאִיל וַהֲווֹ יָתְבִי רַבָּנַן וְלָא מַחוֹ בֵּיהּ שְׁמַע מִינַּהּ קָא נִיחָא לְהוּ

After having been cast out from the feast, bar Kamtza said to himself: Since the Sages were sitting there and did not protest the actions of the host, although they saw how he humiliated me, learn from it that they were content with what he did.

Context: This comes from the Babylonian Talmud, Tractate Gittin, which is about divorces. The tractate talks about buying a field from a couple and what to do if they later get divorced. It then tells about a specific situation during the time that the Romans were attacking the Second Temple. This leads to some stories about what might have caused the Romans to attack the Second Temple, including this story of Kamtza and Bar Kamtza.

What does this text have to say about choosing to not vote (when health/safety is not at risk)?

Rav Moshe Feinstein Letter, October 3, 1984

On reaching the shores of the United States, Jews found a safe haven. The rights guaranteed by the United States Constitution and the Bill of Rights have allowed us the freedom to practice our religion without interference and to live in this republic in safety.

A fundamental principle of Judaism is hakaras hatov -- recognizing benefits afforded us and giving expression to our appreciation. Therefore, it is incumbent upon each Jewish citizen to participate in the democratic system which guards the freedoms we enjoy. The most fundamental responsibility of each individual is to register and to vote.

Therefore, I urge all members of the Jewish community to fulfill their obligations by registering as soon as possible, and by voting. By this, we can express our appreciation and contribute to the continued security of our community.

[signed] M. Feinstein

Context: Rabbi Moshe Feinstein was the pre-eminent American Orthodox rabbi of the 20th century. He wrote this letter in response to somebody asking if Orthodox Jews should vote in the 1984 presidential election, since it seemed that the results were inevitable.

What are his arguments?

Do you agree?

How does voting contribute to the continued security of the American community?

How does voting contribute to the continued security of the American Jewish community?

Modern rabbis answer the question: "Are Jews Commanded to Vote?"

From Moment Magazine: https://www.momentmag.com/ask_the_rabbis_voting/

Rabbi Laura Novak Winer (Reform)

A man once came before the Chazon Ish (a Russian-born Orthodox rabbi, 1878-1953) and explained that he didn’t have enough money to pay his taxes and, therefore, would not be allowed to vote in an upcoming election. The Chazon Ish responded: “You should sell your tefillin and pay the taxes… tefillin, you can borrow from another, but the right to vote you cannot get from someone else.”

As this story illustrates, there have been times when Jews faced barriers to voting, or, though allowed to vote in theory, were unable to do so. (Of course, there were far worse times when legislation affirmatively stripped Jews of their rights, such as the Nuremberg Laws in 1930s Germany.) Thankfully, in the United States, the 24th Amendment protects one’s right to vote regardless of taxpayer status.

The Chazon Ish story tells us that voting is so important that one should sell one’s tefillin—a symbol of one’s commitment to observing the mitzvot, or commandments—in order to do so. I would suggest that for us, today, voting is more than a right or a privilege. It is an obligation incumbent upon us as equal citizens in a democratic society.

Rabbi David Evan Markus (Renewal)

Every Jew has a duty to vote in the democratic elections in one’s nation of citizenship. Jewish law mandates the creation of civil government (Avot 3:2, Avodah Zara 4a) and obliges all who benefit from public services to help provide them (Bava Batra 7b, Bava Metzia 108a). Voting follows from this Jewish communitarian value against free-riding and from a “social compact”—recognized by Jews 700 years before Enlightenment democratic thought arose in Europe—by which Jews opting to live in a society thereby agree to support its government and laws (Rashbam, Bava Batra 54b). Most of all, Judaism views voting to be a holy act of divine partnership. Before selecting Bezalel as the Mishkan’s master builder, God told Moses to consult the people (Berakhot 55a): the modern elective franchise continues this legacy “for the sake of heaven” (Shulchan Aruch, C.M. 163:1). It follows that all government policies—from public order and foreign policy to education and the environment—are issues on which Jews are called to help renew and repair the world in holy partnership at the ballot box.

Rabbi Fred Scherlinder Dobb (Reconstructionist)

We may not be commanded, exactly, but we’re fools, hypocrites and worse if we fail to vote. Judaism puts values front and center, and in a democracy, voting is the core expression of values. Think we should “pursue justice” (Deuteronomy 16)? Vote. “Love the stranger/immigrant” (Deuteronomy 10)? Vote. Keep humans and Earth, adam and adamah, connected (Genesis 2)? Vote. Love our own, protect others (Leviticus 19) and honor all who are created in the Divine image (Genesis 1)? Vote.

Rabbi Amy Wallk Katz (Conservative)

The Bible comes up short in conceptualizing the “democratic ideal” as we know it today. In the Torah, there is a clearly defined hierarchy of leadership. The Kohanim and Levi’im are granted religious privileges not open to everyone else. The Prophets describe, and usually castigate, the kings of Israel and Judah. Although there were kings whom the Prophets applauded, the bulk of their writings describe monarchy as an immensely flawed form of government.

It is in rabbinic literature that the value of democracy is put forth (Babylonian Talmud, Berakhot 55a). Rabbi Isaac said: “One does not appoint a leader for a community without consulting the community. How do we know this? It says in the Torah: ‘See, the Eternal One has singled out by name Bezalel’ (Exodus 35:30). God said to Moses, ‘Moses, is Bezalel worthy in your opinion?’ Moses answered God, ‘Ruler of the Universe, if he is worthy before You, how could he possibly not be worthy before me?’ God said to him, ‘Even so, go and ask them [the people]…’”

It is abundantly clear from this text that God demands our participation when appointing a leader for our community. In other words, yes, it is a mitzvah to vote!

Rabbi Dov Wagner (Chabad)

There are many sources in Torah that talk about the imperative for civic engagement: the obligation for a system of justice in the Noahide Code, the very Noahide Code itself, the imperative to “pray for the welfare of the government” and many more. But saying that we are commanded to vote would be focusing on the symptom rather than the cause.

We are commanded to do what we can to “correct the world under the sovereignty of G-d”—to make our world better and more in tune with its innate goodness and sanctity. To the extent that this can be achieved at the ballot box, voting can be seen as an expression of our core Jewish values. But remembering to focus on the underlying imperative and aim can help to ensure that we maintain the right attitude toward it—an attitude within which political engagement is all about upholding our highest aspirations of ethics and love of a fellow, even those with whom we might happen to disagree.

Another reminder provided by voting: We each count. Every one. And each person counts for no more—and no less—than one. Although that may be arguable at times in the vagaries of our political structures, it never varies where it truly matters—in our absolute and essential value in the eyes of G-d.

Rabbi Yitzchok Adlerstein (Orthodox)

The use of the word “commanded” makes this question easier. There are a lot of warm, fuzzy reasons to vote, but as a halachist, I am limited to citing two compelling reasons why one is actually obligated to do so.

The first is an overarching principle of Jewish life that translates again and again into normative behavior: Hakarat ha-tov, recognizing the good that someone or something has provided you. This is a great country for Jews. It is a minimal expectation of citizenship that we participate in the electoral process, and I see it as nothing less than obligatory to show our appreciation of this great country by acting on that expectation.

The second reason may be more controversial. In 1984, Rabbi Moshe Feinstein, the preeminent halachist of the late 20th century, wrote in a letter that all observant Jewish citizens of this country are obligated to vote. He wrote this during an election season in which many people felt the outcome was a foregone conclusion and any individual vote would have no value. Nonetheless, Rabbi Feinstein wrote—at the urging of some people in the know—that there are always people scrutinizing the voting habits of different communities, and that Jews have an obligation to vote in such a way that they will do the most good for their community. And he called it an exercise in “nosei b’ol ha-tzibbur”—the rabbis command one not only not to shirk community responsibility, but to seek out ways in which one may help ease the community’s burdens. So, he argued, where there are consequences for the community—consequences that he did not spell out—all Jews should vote.

Context: Moment Magazine has been doing Independent Jewish Journalism since 1975, and one of the features of each magazine is “Ask the Rabbis”, where they pose a question to a cross-denominational panel. In June 2016, the question posed was about voting.

Which rabbi’s stance resonates for you the most? Why?

Appendix A: A Prayer for Voting

“May it be Your will, Dear God, on this day of our election, to guide us towards peace.

By voting, we commit to being full members of society, to accepting our individual responsibility for the good of the whole.

May we place over ourselves officials in all our gates…who will judge the people with righteousness (Deuteronomy 16:18), and may we all merit to be counted among those who work faithfully for the public good.

Open our eyes to see the image of God in all candidates and elected officials, and may they see the image of God in all citizens of the earth.

Grant us the courage to fulfill the mitzvah of loving our neighbors as ourselves, and place in our hearts the wisdom to understand those who do not share our views.

As we pray on the High Holidays, “May we become a united society, fulfilling the divine purpose with a whole heart.”

And as the Psalmist sang, “May there be shalom within your walls, peace in your strongholds. For the sake of my brothers and sisters and friends, I will speak peace to you.” (Psalms 122:7-8)”

https://www.truah.org/resources/a-meditation-on-voting/

Appendix B: Celebrating the Blessing of America

By: Rabbi Michael Siegel, published in the November 2024 “Jewish Chicago” magazine

Used with permission of the author

The Torah describes a remarkable ceremony that was associated with the holiday of First Fruits, or Shavuot. The Jewish farmer would bring a basket containing barley, or something that is harvested in the late spring, and place it before the priest in the central place of worship. There, the Israelite would make a declaration which the rabbis also chose to feature in the Passover Haggadah:

"My father was a fugitive Aramean. He went down to Egypt with meager numbers and sojourned there; but there he became a great and very populous nation." (Deuteronomy 26:5)

The passage ends with a statement of praise and rejoicing for the blessing of the land and its bounty. No matter when we live, or whether there is a Temple or first fruits, these words locate us into the story of the Jewish people. They give us our Jewish bearings.

An American rabbi once proposed that b'nai mitzvah should stand up and recite a similar statement about their own family. For example: My great grandfather fled from the pogroms of Kishinev and came through Ellis Island, in order to make his home in New York. My grandfather left New York and moved to Chicago, met my grandmother, and lived in Douglas Park. My mother met my father in college, and they made their home on the North Side of Chicago on Lake Shore Drive. Standing here on this special day, I am grateful to G-d that my journey has brought me here.

While I am not suggesting that we add this to the responsibilities of our b'nai mitzvah , it is an interesting idea. Like the Bikurim Declaration, this personal statement locates the young person into the larger Jewish story. It encourages each child who enters Jewish adulthood to focus for a moment on their family's Jewish journey, and celebrates the blessing of America as the country that welcomed them home.

A recent Gallup Poll revealed that only 25% of Americans were satisfied with the way things are going in America. Seventy-three percent said that they were dissatisfied with this country and 2% had no opinion. Such polling is not surprising in a country where much of the news that people are exposed to is decidedly negative. While we should always strive to make this country better for everyone, it's easy to forget the blessing that this country represents.

November is an especially appropriate time for Jews to focus on just how special America is as we vote for a new president. The fact that we can participate fully in the Democratic process is a relatively new phenomenon for our people. For most of history, Jews were barely tolerated and could not even dream of going to the voting booth.

I can still remember my grandparents going to vote. How they would dress up and enter the polling place with such pride. Election Day was a day that they celebrated the blessing of America. They celebrated their citizenship and the promise of this country, despite the serious problems and challenges of their time. They would have been shocked to hear of the low voter turnout in recent elections.

Imagine going back in time to your family's country of origin and meeting your relatives still there and telling them about what it is like to live in America today. The extraordinary freedoms and opportunity afforded to us here. How Jews are represented in all areas of life and can worship freely. What it is like to live in a time where there is an actual Jewish state. We would also talk about the challenges Jews face in this country, as well, with the growing antisemitism.

We would conclude our conversation by asking our relatives whether they would rather live in their time or ours. We can be confident that they would not hesitate to join us in our time and become part of the most powerful Jewish community in the history of the diaspora.

Criticism is necessary in a democracy, but gratitude and perspective are vital as well. There is much for Jews to celebrate here in America. It all begins when we locate ourselves in the Jewish story.

Rabbi Michael S. Siegel is the Senior Rabbi and the Norman Asher Rabbinic Chair of Anshe Emet Synagogue in Chicago.

​​​​​​​https://www.jewish-chicago.org/Mag/tmpl-article.aspx?id=454883