Sanhedrin, Chapter 2, Mishnah 2. The Mishnah now moves to the central topic of the chapter - the laws concerning the kings of Israel. Therefore, the structure of the Mishnah largely parallels the structure of the previous Mishnah, which dealt with the Kohen Gadol. The Mishnah begins and says: "Hamelech lo dan velo danin oto" - the king does not sit as a judge, and a court does not judge him.
"Velo danin oto" - the reason for the law:
The reason the court does not judge the king is the concern that he will not obey the court's ruling and will disrespect it, thereby undermining the authority of the courts.
Indeed, this actually happened in the days of King Yannai (Alexander Yannai): a trial took place concerning the king's servant who had killed a person, and Shimon ben Shetach, Yannai's brother-in-law, sat on the court. The court was afraid to confront Yannai, who was killing Perushim left and right, and following that incident the judges died. Following this event, the Sages established this law, that the king does not stand trial, due to the concern for the consequences of disrespecting the authority of the courts.
It is worth noting that this is a rabbinic law, and it only applies to kings who are not from the Davidic dynasty - such as Yannai, who was from the Hasmonean dynasty, a descendant of the Maccabees (and the vast majority of the family's descendants, after the five brothers, turned out to be a bad seed - a complex matter that we do not have space to elaborate on here). However, regarding kings from the Davidic dynasty, we assume they will listen to the court, since they are God-fearing, and therefore it is permitted to judge them.
"Lo dan" - why the king does not sit in judgment:
The foundation of this is that a person has no right to correct others if he himself is not subject to correction. This is learned from the verse in Zephaniah: "Hitkosheshu vakoshu," from which the Sages derived the well-known saying: "Koshtu atzmechem ve'achar kach koshtu acherim" - first a person should correct himself, and only then should he come to straighten out others. And since the king is exempt from standing trial, there is no place for him to judge others. This law is also stated regarding kings who are not from the Davidic dynasty.
A king from the House of David, who is judged, is therefore also permitted to sit as a judge. However, even a king from the House of David does not sit on the Great Sanhedrin, for a practical halachic reason: it is forbidden for any of the judges to disagree with the king, based on the exegesis of the verse "Lo taaneh al riv" (do not respond to a dispute) - "Lo taaneh al rav" (do not respond to a master). Since one cannot disagree with him, the king would be forced to wait and state his opinion last, after the seventy judges, and this is beneath his dignity. Therefore, he does not sit on the Sanhedrin, even though he is permitted to sit on a minor court.
"Lo me'id velo me'idin oto":
"Lo me'id" - the king does not testify, as was explained in the previous Mishnah: it is beneath his dignity to appear and testify, and therefore he does not take part in this.
"Velo me'idin oto" - they do not testify against him, and this refers to a king who is not from the Davidic dynasty, who does not stand trial in court, and therefore there is no place to testify against him. However, when a matter is brought to trial in which the king is involved, one may testify against him.
"Lo choletz velo choltzin le'ishto":
"Lo choletz" - the king does not participate in chalitzah, unlike a Kohen Gadol who is permitted to perform chalitzah, because it is beneath his dignity for them to spit before him.
"Velo choltzin le'ishto" - if the king dies without descendants, chalitzah is not performed for his wife. The purpose of chalitzah is to permit the widow to marry another man, and as will be explained later, no man is permitted to marry the king's wives, and therefore they remain widows forever, and there is no point in their chalitzah.
"Velo meyabem velo meyabmin es ishto" - And he does not perform yibum and they do not perform yibum with his wife:
"Lo meyabem" - the king does not marry his deceased brother's wife. One reason for this is that the laws of yibum and chalitzah and the Torah derivations are intertwined, and anyone who is exempt from chalitzah is also exempt from yibum. Rashi explains another reason: it is degrading and disrespectful for a king to serve as a replacement for someone else, because through yibum he comes, as it were, in his brother's place, and this is not dignified for a king.
"Velo meyabmin es ishto" - a person does not perform yibum with the king's widow, because, as stated, no man is permitted to marry her.
The opinion of Rabbi Yehudah:
On this, Rabbi Yehudah says: "Im ratzah lachalotz o leyabem, zachur letov" - if he wanted to perform chalitzah or yibum, he is remembered for good. Meaning, if the king himself wishes to perform chalitzah or to marry his deceased brother's wife, he has permission to do so. It is true that there is degradation in that they spit in his face, and the king cannot forgo his honor, since this law is learned from the verse, "You shall surely place a king over you" - not just to appoint a king, but "over you", that he should be elevated above the people, due to the honor and reverence he deserves. However, according to Rabbi Yehudah, in the context of a mitzvah this consideration does not enter the picture: the degradation is not so great as to push aside the mitzvah. Therefore, the king is permitted to perform chalitzah, and if he is permitted to perform chalitzah, he is also permitted to perform yibum, and if he chose to do so, he is "remembered for good" quite literally, and a blessing will come upon him.
However, the Sages disagree: "Amru lo, ein shom'in lo" - they said to him, we do not listen to him - we do not listen to a king who wishes to forgo his honor. And the halachah does not follow Rabbi Yehudah in this matter.
"Ve'ein nos'in almanato" - And no one may marry his widow:
No man is permitted to marry the king's widow, as stated above. Rabbi Yehudah establishes an exception: "Nosei melech almanato shel melech" - a king may marry the widow of a king - the king who succeeds him is permitted to marry the widowed queen. And the proof for this: "Sheken matzinu beDovid shenasa almanato shel Shaul, shene'emar: va'etnah lecha es beis adonecha ve'es neshei adonecha becheikecha" - for we find with Dovid that he married the widow of Shaul, as it is stated: And I gave you your master's house and your master's wives into your bosom - "your master's house" refers to Shaul's royal throne, and "your master's wives into your bosom" means that Shaul's wives were given to Dovid. Here we have an explicit verse that Shaul's wives became Dovid's wives.
However, the Tanna Kamma maintains that the verse does not refer to Shaul's wives, but to the daughters fitting for him, such as Michal the daughter of Shaul, who could marry Dovid - and not to Shaul's wife. In any case, the halachah follows Rabbi Yehudah, and therefore the succeeding king is permitted to marry the widow of the king who preceded him.
In summary: In this Mishnah we learned the laws of the king that parallel the laws of the kohen gadol: the king does not judge and is not judged - out of concern that he will disrespect the court, as happened with Yannai, and because of "adorn yourselves and afterward adorn others"; and these laws were stated regarding kings who are not from the House of Dovid, whereas a king from the House of Dovid is judged and judges, but he does not sit on the Great Sanhedrin. We also learned that he does not testify and others do not testify regarding him, he does not perform chalitzah and does not perform yibum, and others do not perform chalitzah or yibum with his wife; that Rabbi Yehudah permits him to perform chalitzah and yibum, while the Sages disagree; and that no one may marry the king's widow, except for the king who succeeds him, and this is the halachah.