Haman’s Law
At the beginning of the Megillah, we read about Achashveirosh’s dilemma. He did not know what to do with Vashti. Even though she had shamed him publicly, he did not want to kill her. She was beautiful and she had yichus. Her aristocratic background and royal blood gave credence to his sovereignty. Without her, he was a mere stable boy. As she was his claim to the throne, he needed her. He consulted with his advisers to formulate a plan on how to deal with her.
ויאמר המלך לחכמים ידעי העתים כי כן דבר המלך לפני כל ידעי דת ודין- “Then the king spoke to the wise men, those who knew the times, for such was the king’s procedure to turn to all who knew law and judgement” (1:13).
The Vilan Gaon points out that this is highly unusual. After all, the king ought to be able to make his own decisions and should have single-handedly decided her fate. Consulting with his team of advisers on how to proceed with his queen seems curious.
The Vilna Gaon explains that it was not by choice that Achashveirosh consulted with his advisers. כי כן דבר המלך, Persian law stated that in all matters pertaining to the king, personally, he was to recuse himself from passing judgement. He was not allowed to rule on matters that pertained to him. Adjudicating the matter of his wife’s offense to the crown would have to be judged by the courts, לפני כל ידעי דת ודין, not by himself. He was therefore forced to bring other judges to decide her fate.
This new understanding calls into question the events that transpired later in the Megillah. When Achashveirosh learned that Haman was plotting not only against the Jewish people, but against his wife Esther as well, and he then found him prostrated on the very couch on which Esther lay, he commanded (7:9): “Hang him on the gallows he had built”.
How was Achashveirosh able to pass judgment on Haman on his own, without consulting the advisers? After all, according to Persian law, he was required to consult with officials to issue a ruling. The issue at hand fell under the purview of דבר המלך, a matter pertaining to the king, and, as such, legally it had to be brought לפני כל ידעי דת ודין. How was he able to autonomously decide to send Haman to his death?
The Vilan Gaon explains that Achashveirosh was lawfully allowed to avenge his wife’s honor by personally acting as a judge and jury because of one man: Haman himself. When Achashveirosh consulted his seven advisors to decide Vashti’s fate, Memuchan, which we are taught was another name for Haman, expressed incredulity at the king’s...
