The opening verse of Parashat Shoftim (Debarim 16:18) commands, “Shoftim Ve’shoterim Titen Lecha Be’chol She’arecha” – that we must appoint judges and law enforcers in every Jewish community, to ensure compliance with Torah law. The Sefer Ha’hinuch explains that this command includes the establishment three different types of courts. The highest court – the Sanhedrin – consisted of seventy Rabbis, led by the Nasi (“prince”), and it convened in Jerusalem. Secondly, every city had a “Sanhedri Ketana” (“mini Sanhedrin”), consisting of twenty-three Rabbis, which had the authority to try capital cases. Smaller communities have a Bet Din of three scholars to preside over monetary disputes.
In addition to the judges (“Shoftim”), the Torah requires appointing enforcers (“Shoterim”) who circulate among the people to ensure that they are following the Torah’s laws.
The reason behind this Misva, the Sefer Ha’hinuch explains, is that people are influenced by their habits and routines. When people are coerced to observe the Misvot, they develop good habits, accustoming themselves to abide by the Torah. The objective is that the people will obey the Torah “Me’ahaba” – out of a love for Hashem. The fear and deterrence are necessary to accustom people to observe the Misvot, so that they will then fulfill them out of love.
The Rabbis of the Sanhedrin would sit in order of their stature, with the Nasi, the leader, sitting in the most prominent position, and the leader under him, the Ab Bet Din, sitting beneath him. The other judges were seated in order of their scholarly achievements. If they were on the same level of scholarship, then they were seated according to age. The judges sat in a semicircle, so that they could all see one another. All judges appointed to the Sanhedrin, or to the “Sanhedri Ketana,” needed to have achieved proficiency not only in Torah, but also in medicine, mathematics and astronomy, and must also have been familiar with witchcraft in order to be able to try cases involving alleged sorcerers. The judges must also be “Meyuhasim” – meaning, descend from established pedigree, such that their daughters are eligible to marry Kohanim.
The judges appointed to the Sanhedrin or the “Sanhedri Ketana” must be “Semuchim,” having received ordination from the original chain of Semicha (ordination) that began with Moshe Rabbenu. Moshe conferred Semicha upon his disciple, Yehoshua, and then upon seventy elders, and they were then authorized to confer Semicha upon their students, who then in turn conferred it upon theirs, and so on. This Semicha can be conferred only in the Land of Israel. The chain of Semicha continued for many generations, until soon after the destruction of the Second Temple. The Sefer Ha’hinuch writes that although the chain of formal Semicha has been disrupted, nevertheless, Rabbis who have determined that a scholar has attained proficiency in Torah such that he is suitable to judge should ordain the student so he can serve as a judge.
Today, in the absence of the Bet Ha’mikdash, we have only courts of three judges with the authority to preside over financial disputes. The Sefer Ha’hinuch writes that even today, every community should appoint qualified and respectable figures to reach decisions, resolve disputes, and ensure that the people observe the Torah.
Several centuries ago, a major controversy arose in Eretz Yisrael concerning the prospect of reinstating the original Semicha. The notion of reinstating Semicha is based on the Rambam’s comments in Hilchot Sanhedrin (chapter 4), where he writes that if all the Torah scholars in the Land of Israel agree to reintroduce Semicha, and confer Semicha upon qualified judges, they may do so. The judges upon whom Semicha is conferred then have the authority of judges of the Sanhedrin. The reason why this hasn’t been done, the Rambam explains, is that a consensus could not be reached, due to the Jews’ dispersion. In principle, however, the Semicha could be reinstated if all the Sages in the Land of Israel agree.
In 1538, the leading Rabbi of the city of Sefat, Rav Yaakob Berab (1474-1546), decided to reinstate the original Semicha on the basis of the Rambam’s ruling. A group of Rabbis formally ordained Rav Yaakob, and he then prepared to confer Semicha upon four other sages, one of whom was Maran, the Bet Yosef, author of the Shulhan Aruch (Rav Yosef Karo, 1488-1575). The plan was to then reestablish the Sanhedrin.
When the news of this development reached Jerusalem, the city’s Rabbi, the Maharlbach (Rav Levi Ben Habib), vehemently opposed to idea. He wrote a strongly-worded letter arguing against the reinstating of Semicha, igniting a major controversy. A number of other leading Rabbis got involved, including the Radbaz (Rav David Ben Zimra, Egypt, 1479-1573), who sided with the Maharlbach.
Those who opposed the reintroduction of Semicha noted that not all Poskim agreed with the Rambam, and it thus could not be assumed that Rabbis can reinstate the Semicha before the Messianic Era. Moreover, even the Rambam concludes his discussion of the subject by writing, “Ha’davar Sarich Hechre’a” – that the matter requires further study and analysis, expressing his uncertainty about his ruling. Additionally, the Rambam explicitly requires the agreement of all the Rabbis in the Land of Israel, which Rav Yaakob Berab did not have. It was also noted that the new Sanhedrin would declare new months based on the sighting of the new moon. Those who did not accept the new Sanhedrin would continue following the fixed calendar system, resulting in a schism within the Jewish People. The controversy became heated, and even personal, with Rav Yaakob Berab making mention of the time when the Maharlbach lived in Portugal and was coerced to accept Christianity for a period of time.
Ultimately, the Rabbis of Jerusalem prevailed, and the reinstated Semicha did not continue.
The Rabbis teach that when Eliyahu Ha’nabi returns to announce the advent of the Messianic Era, he will reinstate Semicha. Eliyahu received the original Semicha (either because he was Pinhas, and thus received Semicha directly from Moshe, or because, as the Rambam writes, he was part of the chain of the Mesora that began with Moshe Rabbenu), and so he is authorized to confer Semicha upon qualified scholars. This is how, please G-d, the original Semicha will be reinstated in the future.