We learned from yesterday’s mishnah that, “a king does not judge and is not judged.” A king cannot sit on a rabbinic panel of judges, but also cannot be judged by such a panel. Today’s daf adds some interesting caveats:
Rav Yosef says: They taught this only about the kings of Israel but kings of the house of David judge and are judged, as it is written: “O house of David, so says the Lord: Execute justice in the morning.” (Jeremiah 21:12)
Rav Yosef takes us back in time to the biblical era. After the reign of King Solomon, the united kingdom of Israel was split in two. The northern kingdom, called Israel, was ruled by a succession of Israelite dynasties until it was eventually destroyed by the Assyrians and its ten tribes scattered and forcibly assimilated. The southern kingdom, called Judah, continued to be ruled by the Davidic dynasty until it was conquered by the Babylonians and its monarchy deposed. According to Rav Yosef, while the rebellious and largely wicked (according to the biblical account) kings of Israel could neither participate in rabbinic courts nor were they subject to rabbinic judgment, the Davidic kings could and did — because the prophet Jeremiah charged the Davidic dynasty with executing justice. Further, from the fact that Jeremiah commands the Davidic dynasty to execute judgment, we learn that they were also subject to judgment:
If they do not judge him, how can he judge? But isn’t it written, “Gather yourselves together, yea, gather together (hitkosheshu vakoshu)” (Zephaniah 2:1)? and Reish Lakish says: Adorn (kashet) yourself first, and then adorn others.
As Reish Lakish midrashically proves, one must subject oneself to rabbinic law before subjecting others to it.
So if the Davidic kings were subject to the law, why were the kings of Israel exempt? To explain this, the Talmud brings a longer narrative.
It is because of an incident that happened; the slave of King Yannai killed a person. Shimon ben Shetach said to the sages: “Put your eyes on him and let us judge him.” They sent word to Yannai: “Your slave killed a person.” He sent the slave to them. They sent to Yannai: “You also come here, as it is written: He should be testified against with his owner. (Exodus 21:29)”
King Yannai is Alexander Jannaeus, a descendent of the Maccabees who ruled from 103–76 BCE. Yannai was the second king of the Hasmonean dynasty, and according to Josephus, famous for territorial expansion and severely punishing anyone who disagreed with him. Calling him to court with his enslaved person was an act of bravery that carried real risk. But the king showed up:
He came and sat down. Shimon ben Shetach said to him: “Yannai the king, stand on your feet and they will testify against you. And it is not before us you are standing, but before the One Who Spoke and the world came into being that you are standing, as it is stated: Then both the people, between whom the controversy is, shall stand before the Lord. (Deuteronomy 19:17)” He said to him: “Not stand when you say this to me, but according to what your colleagues say.” Shimon ben Shetach turned to his right. They forced their faces to the ground. He turned to his left, and they forced their faces to the ground.
Shimon ben Shetach, functioning as the leader and spokesman of the court, required Yannai to stand in court out of respect for God — just like every other defendant. Knowing the king’s propensity for murdering his opponents, the rest of the court refused to back Shimon ben Shetach’s request.
Shimon ben Shetach said to them: “You are masters of thoughts. May the Master of thoughts come and punish you.” Immediately, Gabriel came and struck them to the ground, and they died. At that moment, they said: “A king does not judge and they do not judge him, and he does not testify and others do not testify concerning him.”
The trial is interrupted, and never taken up again. It’s just too dangerous to judge a king like this. The story highlights the dysfunction that occurs when the monarchy has power over the judiciary and the leader and the judicial system are at odds. It suggests that if you see yourself as above the law, you have no place in adjudicating the law.
At the same time, this talmudic discussion collapses Jewish chronology entirely, imagining the rabbis run the court system when David’s descendants rule, and the Hasmoneans are the Israelites. The pursuit of justice is eternal, even as dynasties and kingdoms change.
Read all of Sanhedrin 19 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on January 5, 2025. If you are interested in receiving the newsletter, sign up here.
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