Melachim uMilchamot – Chapter 1: The Laws of Kings and Their Appointment
Halacha 1 – Three Mitzvot Upon Entering the Land
Israel was commanded to fulfill three mitzvot upon entering the Land:
- Appoint a king (Deuteronomy 17:15).
- Erase Amalek’s memory (Deuteronomy 25:19).
- Build the Temple (Deuteronomy 12:5).
Halacha 2 – Order of Fulfillment and God’s Displeasure
The order is: appoint a king first, then wage war against Amalek, then build the Temple. God was displeased with Israel’s request for a king because they asked in complaint, rejecting Samuel rather than fulfilling the mitzvah.
Halacha 3 – Who Appoints the King
A king should be appointed only by a court of 70 elders together with a prophet, as Joshua was appointed by Moses and as Saul and David were appointed by Samuel.
Halacha 4 – Restrictions on Appointment: Converts
A convert may not be appointed king, even if his family has been Jewish for generations, unless one parent is native-born. This applies to all positions of authority: judges, army commanders, and even minor officials must be native-born Israelites.
Halacha 5 – Restrictions on Appointment: Women
A woman may not be appointed king or to any position of authority. The Torah uses the male form for king, implying only men may hold such roles.
Halacha 6 – Restrictions on Appointment: Certain Professions
Those who worked as butchers, barbers, bath attendants, or tanners—even for one day—are disqualified from being king or High Priest because these professions lack prestige.
Halacha 7 – Anointing and Permanence of Monarchy
A king is anointed with special oil reserved for this purpose. Once anointed, the monarchy passes to his descendants forever, as stated in Deuteronomy 17:20.
Halacha 8 – Inheritance of Monarchy and Qualifications
If the king leaves a young son, the monarchy is held for him until maturity. Inheritance follows the same order as property: the elder son precedes the younger. Positions of authority also pass to children if they have fear of God. If they lack knowledge but have fear of God, they are appointed and taught. One who lacks fear of God should never be appointed.
Halacha 9 – Davidic Dynasty and Other Kings
Once David was anointed, kingship belongs to him and his male descendants forever, conditional on righteousness. Even if they sin, the monarchy will not be removed entirely, though they will be punished. Other tribes may have kings appointed by prophets, and their rule is valid if they follow Torah and fight God’s wars. However, their dynasty is temporary.
Halacha 10 – Anointing Practices
Kings of Israel (non-Davidic) are anointed with Afarsimon oil, not the special oil. Only Davidic kings are anointed with the special oil, and only near a spring. Only descendants of David may rule in Jerusalem.
Halacha 11 – Location of Anointing
Davidic kings should only be anointed near a spring.
Halacha 12 – When Anointing Is Necessary
A son succeeding his father is not anointed unless there is a dispute or civil war. In such cases, anointing removes disagreement. Examples: Solomon (due to Adoniyahu), Jehoash (due to Atalyah), and Jehoahaz (due to Jehoyakim).
