Majority Rules |
The Torah tells us that we are to follow the majority of judges in settling disputes. There is a special analysis of the wording in the text, that teaches that there must be a greater majority in capital cases.
The more serious violations that carried the death penalty, were judged by a court of twenty-three. In order to acquit the accused, a simple majority of twelve to eleven, would allow the accused to go free. But in order to convict, the vote needed to be thirteen to ten. This is learned where the Torah distinguishes between לרעות, to convict. A different majority is needed there.
Nevertheless, we see that we do follow the majority. This might indicate that Jewish Law is based on democracy. Often we find in the Talmud where it is said, נמנו, that they voted, and decided according to the majority.
We are witnessing the negative effects of what democracy can do in our times. If the majority rules that euthanasia, same sex marriages, or legalizing marijuana should be allowed, this becomes the law.
There are no barriers preventing the majority rule, on issues of morality. The pursuit of “being happy,” or what “feels right,” becomes the yardstick in adjusting the law.
The Torah sets up such barriers within its legal system. The majority rules as long as that decision does not contradict the laws of the Torah. They are constant, and the Rabbis were entrusted with safeguarding these laws.
Democracy is a very good system for the most part. It does protect human rights to a large degree. But it has its flaws as well. It is only a system of laws that comes directly from Hashem that is perfect and without flaws.