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Voting in Halacha


votingBy Rabbi Yair Hoffman for the Five Towns Jewish Times

To vote or not to vote. Some are so sickened by the presidential campaign that they are actually tempted not to vote.
Our Yeshivos, however, have all sent out reminders that we should vote.

One Yeshiva sent out an emailed memo:

“Dear Parents,

As our community continues to grow in size it is absolutely critical that we exercise our right to vote proportionately.
Our schools, our shuls, our homes, our children, and indeed ourselves all rely on competent and fair representation at all levels of Government – but if we do not vote, we do not count. We urge you all to make the time to vote on Tuesday, November 8. There are many contested races this year, from state legislative races up to the presidential race, and it is critically important that you vote in every race that applies to you.
Additionally, the entire State legislature is up for election this year..”

But is there a halachic obligation to vote?

THE OBLIGATION – RAV FEINSTEIN’S VIEW

Rav Moshe Feinstein zt”l discusses the obligation to vote in an English letter, and finds the source of such an obligation in the notion of Hakaras HaTov—expressing our gratitude. In 1984, the Jewish Community Relations Council of New York was conducting a voter registration campaign. Rav Moshe Feinstein was approached and responded that, in fact, Jews should vote.

Subsequently, a letter was released signed by Rav Feinstein delineating the obligation to vote. The letter stated:

“On reaching the shores of the United States, Jews found a safe haven. The rights guaranteed by the United States Constitution and the Bill of Rights have allowed us the freedom to practice our religion without interference and to live in this republic in safety.

A fundamental principle of Judaism is hakaras hatov — recognizing benefits afforded us and giving expression to our appreciation. Therefore, it is incumbent on each Jewish citizen to participate in the democratic system which guards the freedoms we enjoy. The most fundamental responsibility incumbent on each individual is to register and to vote.

Therefore, I urge all members of the Jewish community to fulfill their obligations by registering as soon as possible, and by voting. By this, we can express our appreciation and contribute to the continued security of our community.”

RECTIFYING AN URGENT MATTER

On the other hand, the Steipler Gaon zt”l seems to view the obligation of voting as a means of fulfilling the need to rectify an urgent matter. Indeed, he is cited in Orchos Rabbeinu p. 141 in Cheshvan of 5726, as even having permitted a mourner within the seven days of mourning to vote when the need to vote is urgent.

RESPECTING THE VIEW OF THE GEDOLEI TORAH

The Slonimer Rebbe zt”l and others (See Bais Yaakov Yerichon L’Inyanei Chinuch 027-028 p. 30) have proposed an entirely different reason for the obligation. They write that the obligation to vote stems from the obligation to respect the view of Gedolei Torah.

STRENGTHENING TORAH

The Vishnitzer Rebbe writes that the obligation to vote in Israel stems from the obligation to strengthen Torah (Michtevei Kodesh #238).

DO THESE REASONS APPLY HERE?

Does this obligation to vote apply in the United States? Of course Rav Feinstein’s reason was stated her, so for that issue there is no question. But what about the other three reasons?
It would seem, from the urgency of the Yeshiva letter mentioned above that it does. One should also vote in every election that effects such matters as well. It would also seem that it is worthwhile to investigate or to perhaps at least ask around as to which candidate would help support the Torah way of life most.

In conclusion, there does seem to be a halachic obligation to vote either stemming from Hakaras HaTov, according to Rav Feinstein zt”l, rectifying an urgent matter according to the Steipler zt”l, respecting the view of the Gedolei Torah according to the Slonimer Rebbe, and from the obligation of strengthening Torah according to the Vishnitzer Rebbe.

We also do not see any indication that the above reasons are mutually exclusive. In other words, there could very well be four different halachic reasons that we should be voting. May Hashem guide us all in making the right decisions as to who we should vote for.

The author can be reached at [email protected].



5 Responses

  1. Rabbi Hoffman, What would the halacha be in the case of this US presidential race where both major candidates have major ethical flaws?

  2. Rabbi Hoffman, What would the halacha be in the case of voting in Eretz Yisrael in general? How about in our current situation where even religious parties vote to give away land for “peace” and other anti-Torah policies?

  3. Rav Aharon the Belzer Rebbe urged his chasidim to vote. As usual, there was some nudnik who absolutely needed to to know whether it was halachically mandated, or just a suggestion.
    The rebbe answered that it is a mitzva. The chusid pressed on – a mitzva like matza?
    – A mitzva like moror – answered the rebbe

  4. Rabbi Hoffman,
    The obligation in eretz Yisroel is different than the obligation suggested by the yeshiva email. In eretz Yisroel, where there’s a parliamentary system, each vote makes a difference. Also, the svara of respecting daas torah applies, because the gedolim say who to vote for. In America, it’s important for us to vote so that politicians listen to us, as indicated by the yeshiva email, but who we vote for is irrelevant.

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