Dear Reader sh’yichyeh:
In this week’s article, we will discuss certain questions regarding the Sanhedrin (the supreme court of 71 elders) in the times of Moshiach.
Having active court systems is an integral part of Judaism. The Rambam (Hilchos Sanhedrin 1:1-3) writes: “It is a positive Scriptural commandment to appoint judges and enforcement officers in every city and in every region, as Deuteronomy 16:18 states: ‘Appoint judges and enforcement officers in all your gates.’
“‘Judges’ refers to magistrates whose attendance is fixed in court, before whom the litigants appear. ‘Enforcement officers’ refers to those who are equipped with a billet and a lash, standing before the judges and patrolling the market places and the streets to inspect the stores and to regulate the prices and the measures. They inflict corporal punishment on all offenders. Their deeds are controlled entirely by the judges…”
How many established courts should there be among the Jewish people, and how many judges should there be in each court?
THE GREAT SANHEDRIN AND THE SUB-COURTS
“First, a supreme court is established in the Temple. This is called the Great Sanhedrin. It is composed of 71 judges. This is derived from Numbers 11:16 which states: ‘Gather for Me seventy men from the elders of Israel.’ And Moses presided over them, as the verse continues: ‘And they shall stand there with you.’ Thus, there are 71 judges in this court.
“The one who is of greatest knowledge is placed as the head over them. He acts as the Rosh Yeshiva. He is called the Nasi by the Sages in all sources. He assumes the position of Moses our teacher.
“The greatest among the remaining 70 is appointed as an assistant to the head. He sits at his right and is called Av Beit Din. The remaining judges from the 70 sit before these two leaders and are seated according to their age and according to their stature. Whoever possesses greater wisdom than his colleagues is seated closer than his colleagues to the Nasi on his left. The members of the Sanhedrin sit in a semi-circle so that the Nasi and the Av Beit Din can see all of them.
“In addition, two courts of 23 judges each are appointed. One holds sessions at the entrance to the Temple courtyard, while the other is posted at the entrance to the Temple Mount.
“In addition, in every city in Israel in which there are 120 or more adult males, we appoint a minor Sanhedrin. They hold court at the entrance to the city, as implied by Amos 5:15: ‘And you shall present judgment in your gates.’ How many judges should be in such a court? 23. The one who possesses the greatest wisdom is the chief justice and the remainder sit in a semi-circle so that the chief justice can see all of them.”
THE ORDINATION OF THE SANHEDRIN MEMBERS
In the times of Moshiach, when the Beis HaMikdash will be rebuilt, the Sanhedrin will return. While many opinions believe that they will first convene in Yerushalayim, the Rambam writes that they will first convene in Teveria. In his words (Ibid 14:12): “When the moral character of the Jewish people declined, the Sanhedrin went into exile. They traveled to ten different places in exile, the last being Teveria. Afterwards, until the present age, the Supreme Sanhedrin has never been convened. And it is an accepted tradition that in the future, the Sanhedrin will first convene in Teveria, and from there they will proceed to the Temple.”
The Rambam (Pirush HaMishnayos) writes that the Sanhedrin will return to their position and status in the earlier stages of Yemos HaMoshiach. This leads to the following question: Who will give Smicha – the ordination transmitted from Rabbi to Rabbi, which must be traced back to Moshe Rabbeinu – to the Sanhedrin?
Radvaz writes that Eliyahu HaNavi, who will also come early on in the Messianic Era to herald the coming of Moshiach, will be able to give Smicha to the Sanhedrin. Since he never physically died, he is the only one remaining who received Smicha from someone who was in a direct line of ordination tracing back to Moshe Rabbeinu. This answer was the source of much controversy in regards to the halachic status of Eliyahu HaNavi. Radvaz obviously holds that his body is considered alive, but many commentaries disagree with that point.
Rambam holds that even though the direct line of Smicha was interrupted, it can be renewed with special conditions: “It appears to me that if all the all the wise men in Eretz Yisroel agree to appoint judges and convey smicha upon them, the smicha is binding and these judges may adjudicate cases involving financial penalties and convey smicha upon others.
“If so, why did the Sages suffer anguish over perpetuating the institution of smicha, so that the judgment of cases involving financial penalties would not be nullified among the Jewish people? It is because the Jewish people were dispersed, and it is impossible that all could agree. If, by contrast, there was a person who had received smicha from a person who had received smicha, he does not require the consent of all others. Instead, he may adjudicate cases involving financial penalties for everyone, for he received smicha from a court.” (Ibid 4:11)
COUNSELORS AND JUDGES OF TODAY
I am sure that many are wondering: In one of our previous articles, we explained that Melech HaMoshiach will be teaching Klal Yisroel. If so, what purpose will the Sanhedrin serve in that era?
The process through which questions and cases will be addressed in the times of Moshiach will be as follows:
The questions regarding laws of direct oral tradition (“Halacha L’Moshe Mi’Sinai”) will be directed to Moshe Rabbeinu, as he was the one who received the tradition. The practical Halachic questions that are answered based on the Torah text using the thirteen tools that were given to us for this purpose will be answered by the Sanhedrin. Melech HaMoshiach will teach the mystical hidden secrets of the Torah (see Rashi Shir HaShirim 1:2).
I want to finish with the words of the Rebbe (Shoftim 5751): “In the last moments of exile, the lesson for everyone of Shabbos Parshas Shoftim can be understood. There must be a Divine service appropriate – measure for measure – for the situation of Redemption:
One must publicize to one’s self and to all whom he can reach the necessity of internalizing the lessons and advice of ‘your judges’ and ‘your counselors’ of our generation. In general these leaders are the rabbis, as in the statement: ‘Who are the kings? The Rabbis.’ More specifically, it is the leader of our generation, the judge, counselor and prophet of our generation and the continuation of our Rebbeim who preceded him…..
“One must make known to all members of the generation that we have merited that G-d has chosen a person endowed with free choice, who is incomparably higher than the members of his generation, to be ‘your judge,’ ‘your counselor,’ and the prophet of the generation. This chosen leader will provide the instructions and advice relevant to the service of all Jews and all people of the generation, in all matters of Torah and mitzvos and daily conduct in the manner of ‘in all your ways, know Him’ and ‘all your deeds (should be for the sake of Heaven).’ [His counsel has] extended to the essential prophecy of ‘Immediate Redemption’ and instantly ‘Behold he (Moshiach) comes.’”
Rabbi Avtzon is the Rosh Yeshiva of Yeshivas Lubavitch Cincinnati and a well sought after speaker and lecturer. Recordings of his in-depth shiurim on Inyanei Geula u’Moshiach can be accessed at http://www.ylcrecording.com.