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Elections in Halacha

The appointment of governmental officials is preordained, as the Gemara states, “Afilu reish gargusa m’shamaya ka mukma lei” (even the head of the well-diggers is positioned by Heaven). On the other hand, there are many sources that point to every individual’s free choice, which extends to casting their vote for the election of their leaders.

We must involve ourselves in the political process to some extent – we are enjoined to be mispallel b’shlomo shel malchus (pray for the wellbeing of the government) since the pasuk (verse) in Yirmiyahu states: “Ki b’shlomah yihiyeh lachem shalom” (when it is peaceful [in the higher echelons] it will bring peace among you [the people]).

If a candidate is unsuitable – if, say, their platform is against Torah – there may be issues with voting for them: one possibility is the issur (prohibition) of lifnei iver (“placing a stumbling block before the blind,” i.e., causing others to transgress) by putting them in a position of power and policy-making. Others may say that it is a chillul Hashem (desecration of Hashem’s Name) when Jewish people show support for anti-Torah ideology.

However, these concerns are ameliorated by the fact that when we cast our ballot, we are essentially voting for those aspects of the candidate’s platform that we support. This is especially so when all the candidates stand for at least some issues that are not in line with our values, and no particular choice would defend a pro-Torah platform.

In addition, lifnei iver cannot truly apply to voting in a candidate: besides the many conditions needed for it to apply (see Halacha #728), there are many factors that make a particular ballot only an indirect cause of transgression, since the candidate would institute the policies even if voted in by others and the particular issues they support are not aveiros (sins) themselves, but will cause others to commit them (called lifnei d’lifnei). Neither of these concerns, therefore, discharges us from voting for the candidate who will best serve the public.

An election based on majority vote is rooted in Torah: acharei rabim l’hatos (follow the majority). This rule is followed in the Sanhedrin (the higher Jewish court system in the Temple), Beis Din (local Jewish court system) and even in the appointing a parnes (leader/administrator) in the community—nimlachim b’tzibbur techilah (we first consult the community). Voting for such a position according to majority is found among the early poskim – the Maharam of Rothenberg (13th century authority), for example: every taxpayer may cast their vote on condition that they do so l’shem shomayim (for the sake of Heaven) without personal bias. (This applies even to relatives and others who may be connected to the candidate in a way that may seem to compromise their impartiality – as long as they vote l’shem shomayim.)

When a shliach tzibbur (lit., emissary of the congregation, i.e., a communal leader) is appointed, halacha gives individuals the option to protest the appointment. However, such a system would be unsustainable in practice, as each person would veto a different candidate, leaving no one in the running. Therefore, we instead follow the rule of acharei rabim l’hatos, although the Chasam Sofer (18th century Ashkenazi rav) warns that the appointment by the masses should not be acharei rabim l’raos (follow the majority for a deficiency [in suitability]).

Any election that is executed illegally – whether due to voter fraud, bribery or other nefarious schemes – is invalid according to halacha. Halacha2Go #738 (#38847)

How to Vote in the Upcoming Mayoral Elections

Q‭.‬‭ ‬ We know we are supposed to vote for whichever candidate the Torah would want us to vote for. The question is would Torah/halacha prefer us to vote for a mayoral candidate that would espouse more “Torahdik” values (relatively speaking), although practically speaking, a vote for him would not make him win, but only strengthen his opponent’s chances), or vote for the mayoral candidate that would have less Torahdik values, but who would at least have a chance of winning over another candidate whose win would undoubtedly put many Yidden in a position of “sakanas nefashos”?

A. As a rule, AskTheRav does not take a position on political matters or endorse specific candidates. Thus, the following comments are to be taken as general principles only, without applying it to specific candidates‭:‬

From a halachic standpoint, it is permissible to vote for a candidate even if he or she does not fully align with Torah values, as we are essentially voting for those aspects of the candidate’s platform that we support. This is especially so when all the candidates stand for at least some issues that are not in line with our values, and no particular choice would defend a pro-Torah platform.

At the same time, there is generally little  purpose in casting a vote for someone who has no realistic chance of winning, especially if doing so could indirectly strengthen a candidate whose leadership would pose harm or danger to the Jewish community. #46492

*References are available for this Halacha on the websites: www.Halacha2Go.com and www.AskTheRav.com

Please note that these halachos apply in general situations. If you are unsure whether the halacha applies to your particular situation, please consult a Rav. 

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