YeshivaThe torah world Gateway
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The gemara (Sanhedrin 2b) debates whether the Torah requires semuchim for monetary matters, and the Rishonim differ as to which opinion to accept. Tosafot (Sanhedrin 3a) says they are not required; the Rosh (ad loc. 1:3) and the Tur (Choshen Mishpat 1) say that Torah law requires them (a rabbinic institution allowed others to judge).
Why would someone who knows how to rule be disallowed if he lacks semicha? The K’tzot Hachoshen (3:1) says that the issue is not the ability to decide matters but the authority to enforce a ruling when both sides do not accept it. When they accept the judges and the judgment, the Torah does not require semuchim. Capital and corporal punishment are forced upon the person who is judged, thus explaining why semuchim are required. The same idea applies to matters of a public nature.
The uninterrupted chain of semicha from dayan to dayan ended during the period of the Amoraim. How then, will we have semuchim at the time of Mashiach? Will it require the resurrection of deceased semuchim? The Rambam (Sanhedrin 4:11) suggests that if all of the scholars of Eretz Yisrael agree to appoint dayanim and give them semicha, this will be effective, thus creating semicha that can then be passed on to others. The loss of semicha was seen as a tragedy because the dispersed nation found it difficult to get everyone together to agree to carry out the process.
The Rambam reasons that this must be the case because Hashem promised to return our judges as of old. Since Mashiach cannot change the Torah, he cannot create a process that does not exist. Therefore, there thus must be an existing mechanism and, indeed, the re-advent of the Sanhedrin will be a harbinger of the coming of Mashiach. One could argue that just as Moshe was the recognized Torah authority and thus was the head of the courts who could give semicha, so too in the future an authoritative leader would assume this position.
At different times in history there have been attempts to implement the Rambam’s suggestion (in the Mishneh Torah, his view on implementation is vague). The most famous and serious attempt was done in Tzfat at the time of the Mahari Beir Rav (16th century), when his colleagues gave him semicha. This was opposed by the community in Yerushalayim, headed by the Maharalbach. He opposed on fundamental grounds, as many disagree with the Rambam and say semicha will return only with the coming of Mashiach. They also argued that all of the scholars of Eretz Yisrael would have to come together in agreement, whereas at that time, the scholars of Tzfat did the whole thing themselves.
Unfortunately, despite more recent efforts by Rav Yisrael Mishiklov and Rav Maimion, we are still without semuchim.
P'ninat Mishpat (832)
Various Rabbis
107 - The Manner in Which a Shomer Becomes Obligated
108 - Dayanim With Authentic Semicha
109 - How Do We Judge These Days?
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Rabbis in Midrash
Lessons
fast navigation
Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
