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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 (826)
Various Rabbis
107 - The Manner in Which a Shomer Becomes Obligated
108 - Dayanim With Authentic Semicha
109 - How Do We Judge These Days?
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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: Return of Down Payment Due to War – part III
based on ruling 84044 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part IV
based on final ruling of 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Chukat "HOW ENTEBBE STOLE THE BICENTENNIAL
The Difference Between Historic & Eternal"
As we approach America's 250th birthday, it's worth remembering her 200th Bicentennial birthday, on Jul. 4th 1976, when Israel "stole the show" by shocking the world & miraculously saving 101 hostages in a foreign continent. As Pres. As Pres. Trump decides which countries get priority in his new Middle-East, it's worth reminding him of the difference between historic events and eternally historic ones. This obviously connects with this week's parsha, as well!
Kuzari -Rabbi Ari Shvat Kuzari class 6 - The Parable of the King of India
The advantages of testimony over circumstantial evidence or philosophical speculation.
Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
