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the same level of piety as did their fathers, whereas had they been
completely wrong and been acting contrary to halachah, they would
have called them out for being completely wrong. Moreover, Rabbi
Yishmael told Eliyahu ‘What can I do; this is the king’s bidding,’ and
Eliyahu responded, ‘Your father fled to Asia, you flee to Laodicea.’
Had their actions been utterly forbidden, he would have told him,
‘Why do you consider your blood redder than his [i.e. the robber’s],
maybe his blood is redder than yours?’ (Pesachim 25b) However, it is
obvious that anyone who is appointed by the king to do this can judge
and act according to the laws of the kingdom, because through these
judicial means a king imposes law and order.”

The Ran too, (Derashos HaRan, 11) writes about parshas Shoftim
as follows: “It is known that mankind needs judges for otherwise
‘one person would swallow another alive’ and the world would be
laid waste. Every nation needs this and Yisrael needs it just like the
other nations. And they need it for a further reason, namely to firmly
uphold the Torah’s laws – to judge those who incur lashes or death
by beis din, who violate the Torah’s laws, even though their sin has no
detrimental effect on whatsoever upon society etc. We learn (Sanhe-
drin 40b),‘The Rabbanan learn [that] “[Witnesses are asked,‘Do you
recognize him? Did you warn him and did he accept the warning?
Did he affirm that his deed would cost him his life? Did he kill within
a very short time [of the warning]?’”’ There is no doubt that all this
is necessary in order to carry out just judgment – for why should a
man die unless he know that he was acting in a manner that would
incur the death penalty? And this is the truly just judgment that is
entrusted to the judges. However if a transgressor is only punished
in this manner society will break down completely, for murderers will
proliferate without fearing punishment. For the sake of maintaining
society, Hashem yisbarach therefore commanded that a king be ap-
pointed, as it is written,‘And when you come into the land… you shall
surely appoint a king upon yourself etc.’ (Devarim 17:14-15) and the
king can judge without [there having been any] warning, as he con-
siders necessary for society’s benefit. It emerges that there is the same
need in Yisrael as there is in other nations – for all need an orderly

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