The Torah in Parashat Shoftim (Debarim 17:25) states, “Som Tasim Alecha Melech” – that the Jewish Nation is to appoint a king to lead them. According to the Rambam and Sefer Ha’hinuch, this verse introduces a command to appoint a king.
The Sefer Ha’hinuch explains that the Torah commanded appointing a king because a nation cannot be run peacefully without a single authority figure who makes decisions and governs the people. The situation of a country run by a group of people, the Sefer Ha’hinuch writes, is a “curse.” Indeed, the verse in Mishleh (28:2) states, “Be’fesha Eretz Rabim Sareha” – because of population’s iniquity, they are punished with a large number of rulers, which results in instability, strife and infighting. The Torah therefore commands appointing a single ruler to govern the nation, thus ensuring stability and peace.
The Jewish king is appointed either by the Sanhedrin, or by a prophet. Thus, for example, Moshe, as a prophet, appointed Yehoshua as his successor as leader of the people, and the prophet Shmuel appointed Shaul and then David as kings.
The Torah commands appointing a “Melech” (king), which the Sages understood as requiring the appointment of a king, and not a queen (“Malka”).
After a king is named, he is formally anointed with the “Shemen Ha’mish’ha” – the special anointing oil.
The kingship is passed through inheritance; when a king dies, the position is given to his son. If the son is young, then he becomes king when he grows up and reaches the age at which he can govern. An example is the king Yehoash, who was orphaned at a young age, and was cared for by the Kohen Gadol, Yehoyada, until he became old enough to rule.
The order of precedence for inheriting the kingship is the same as that of ordinary inheritance. Whichever relative takes precedence for inheriting a deceased’s estate takes precedence for inheriting the kingship after a king’s passing.
Just as the kingship is passed through inheritance, so are all positions of leadership passed to one’s offspring, provided that the inheritor is qualified for the position and G-d-fearing.
A king has the right to kill a “Mored Ba’malchut” – one who rebels against or challenges his authority. An example of this law is Uriya Ha’Hiti, the first husband of Batsheba, who referred to the general, Yoab, as “Adoni Yoab” – “My master, Yoab.” This was an affront to King David’s rule, and so David was entitled to have Uriya killed as a “Mored Ba’malchut.” A king also has the right of eminent domain, and may break through fences to travel through somebody’s private property if he so wishes. Furthermore, a king has the authority to judge according to his intuition, even without the testimony of witnesses. Nobody is allowed to use a king’s property, even after he dies. In fact, after a king’s passing, all his possessions are burned. Nobody may marry his widow, or take his animals.
Even if a king agrees to waive the special honor owed to him, “En Kebodo Mahul” – he may not do so, and the people remain bound by all the laws regarding respect for a king.
The Misva applies only in the times when Am Yisrael resides in its land, and is assigned to the public collectively.
A number of scholars addressed the question of why, according to the Rambam and Sefer Ha’hinuch, the prophet Shmuel – and G-d – reacted angrily when the people requested that a king be appointed. If, as the Rambam and Sefer Ha’hinuch maintain, there is a Misva to appoint a king, then why were G-d and Shmuel displeased by the people’s petition?
The Rambam, in Hilchot Melachim, explains that G-d and Shmuel were angry at the people not because they asked for a king, but because of the manner in which they asked. Rather than express their desire to fulfill the Misva of appointing the king, they approached Shmuel “Be’tir’omet” – with complaints, demanding a king because they did not like Shmuel. The Ramban explains somewhat similarly, that the people belittled Shmuel’s honor in presenting their request. The Meiri (France, 1249-1315) suggests that the people acted wrongly by asking for a king before there was a suitable candidate for the kingship from the tribe of Yehuda. The king is to be a member of the tribe of Yehuda, and the people should have thus waited until there was somebody from that tribe eligible to serve as king. According to this approach, the people were reprimanded because the request was made prematurely.
Another question that arises is why the Rambam and Sefer Ha’hinuch list this Misva as one of the Torah’s 613 commands, given that it does not, seemingly, apply forever. Once David was named king and founder of the eternal Jewish dynasty, it would appear that there is no longer a Misva to appoint a king. One of the Rambam’s principles when listing the Misvot is that only those commands which are applicable for all time are worthy of inclusion in this list, and yet, he includes the Misva of appointing a king.
The Sefer Ha’hinuch answers that this Misva indeed applies eternally because the laws relevant to the kingship – such as those mentioned earlier – will be relevant to the king once Mashiah comes and the kingship will be restored. Since the rules regarding the kingship will be applicable in the future, this Misva is to be counted among the 613 Biblical commands.