Question:

With the ongoing conversations regarding the age of people running for public office, as well as kings ascending the throne, I’m curious if Judaism has an age limit for leadership positions. (Don’t worry, I don’t expect you to express your opinion on the political candidates today!)

Answer:

Thanks for that! You made my life easier.

There are, of course, many different types of leadership positions. There are officials and judges, as well as kings or leaders of entire nations.

When it comes to kings—and we can presume that in this context presidents would fall under the same category—Jewish law has no age restrictions. In fact, throughout the history of the Jewish people, there have been many national leaders who were quite old. And no one was removed from their position due to age.

Old But Not Elderly

The Talmud does, however, have an age limit for judges. On the one hand, judges were only appointed to the Sanhedrin (the Supreme Jewish Court) once they attained “old age.”1

On the other hand, the Talmud tells us that for capital cases, “we do not seat on the Sanhedrin [a very] old person or one who is sterile or one who has no children.”2 The reason for this is that these people may not be able to relate to one who has familial responsibilities and may not be as compassionate as need be.3

So there are two stages of old age here, one that qualifies a person and another that disqualifies. As Maimonides writes, “We should not appoint to a Sanhedrin a man of very old age.”4

How Old Is Too Old?

There is considerable debate among commentaries regarding the definition of “very old,” with opinions ranging from 70 to 90 years old.5

Based on the writings of Rashi, the Rebbe (as well as others6) follow the approach that the maximum age for judges is 90.7

It should be noted that despite this rule, if the elderly candidate is uniquely qualified and no peers can compare to him, he can be appointed as a judge even if he’s over the age limit.8

Can a Judge Become Too Old?

The Talmud only speaks about appointing an elderly judge. Many are of the opinion that a sitting judge can retain his position even when he reaches old age.9

Others counter that he should be compelled to step down, since the reason for not appointing an elderly person applies equally to one who ages on the job.10

Yet others counter that since the sitting judge was appointed when he was younger, he’s accustomed to adjudicating with a measure of compassion, and we need no longer be concerned about the potential lack of compassion.11

Shochet - Kosher Slaughterer

There are also discussions of an age limit for a shochet, kosher slaughterer, as some people may no longer have the strength to perform the job properly as they age. And in order not to differentiate between people, Rabbi Meir Margolis, an 18th-century Torah scholar and student of the Baal Shem Tov, advocated setting a cap at 70.12

Others disagreed, however, and advocated for assessing the strength of each shochet on an individual basis.13

Age Brings Composure

This notion of not setting aside a worthy candidate for leadership due to age alone is in line with the special mitzvah to give honor to the elderly.14 In the words of the Mishnah, “regarding aged scholars, the older they get the more their mind becomes composed, as it is written: ‘With the aged comes wisdom, and understanding in length of days.’15”16