Starting Tractate Sanhedrin: The Historical Journey of the Great Court

This week we begin a new tractate in the daily study, Tractate Sanhedrin, which deals with all the laws of the Great Court, laws of testimony, appointing judges and punishment. Additionally, it includes a detailed chapter on the principles of faith, known briefly as 'Chapter Chelek,' and in more detail: 'All of Israel has a share in the World to Come.'

The first law in Tractate Sanhedrin states that the sages of the Sanhedrin who adjudicate capital cases must be 'ordained.' In the Torah it is described: 'Hashem said to Moses, Take Joshua son of Nun, a man in whom is spirit, and lay your hand upon him: Set him before Eleazar the priest and the entire congregation and charge him before their eyes: And you shall give of your glory upon him so that all the congregation of the children of Israel shall listen.' (Numbers chapter 27). When Moses appoints Joshua son of Nun as his successor, he lays his hands upon him in the presence of all Israel. In this manner, Joshua son of Nun appointed his successor, Pinchas son of Eleazar the priest, and Pinchas appointed his successor. Without this ordination, the Sanhedrin doesn't have the authority to adjudicate capital cases or even monetary penalties. Monetary penalties include rules where a person pays a fixed amount, such as 'the thief pays ten gold coins.' An ox that causes half damage is considered a penalty, among other laws in the Torah. Moreover, they don't have the authority to convert without ordination.

The ordination was only given to one deemed worthy, not just those who passed knowledge exams. The sages tell of an Amora who was a great sage and righteous, but Rabbi Judah the Prince tried to ordain him several times, and it didn't work out. From this, Rabbi Judah the Prince inferred it was a sign from heaven that he should not be ordained.

During the Jewish revolt against the Romans, the Romans understood that the sages of Israel provided the Jews with spiritual strength and Torah knowledge, enabling them to be so persistent in religious commandments. Thus, they banned ordination. They aimed to eradicate the wisdom of the Torah from Israel. The sages of Israel did not relent, and Rabbi Judah ben Baba risked his life for ordination, but the right to ordain was only for the sages of the Land of Israel since the court must sit in Jerusalem, and they did not ordain sages outside of the land.

However, in Babylon, there was a large Jewish exile community, and they wanted to uphold Torah laws and also adjudicate monetary penalties. For this purpose, they received a special appointment from the Great Court in the Land of Israel, as their emissaries. The court in Israel declared that courts abroad are representatives of the Great Court in the Land of Israel, and by virtue of this, they are allowed to adjudicate even monetary penalties. However, this mission was limited to common monetary penalties, as there is no need for a special mission for uncommon matters.

With the depletion of the Jewish settlement in the Land of Israel and the abolition of the presidency, ordination ceased as well. The Sanhedrin had long been absent. But the sages of Babylon decided they still acted as representatives of the Great Court, even though its members had passed from this world, for it is obvious the Torah did not intend that if sent into exile, Torah laws should not be upheld anymore, heaven forbid. It is clear that this mission was meant to include all the time until the coming of the Messiah, so that Israeli courts could judge cases of theft, damages, and other frequent penalties.

Therefore, all discussion on common penalties is defined in Halacha as 'we act as their emissaries,' and there are numerous scholarly discussions on the nature of this mission and how it operates. Is it effective by Torah law? Or is it only a rabbinic decree? Does it operate according to the laws of emissaryship?

If we say it is only rabbinic, how can a contemporary court conduct conversions? Because conversion requires ordination, and only due to 'we act as their emissaries' do they conduct conversions. Is the convert only recognized rabbinically and not by Torah?

Rambam holds that ordination can be renewed if all the sages of Israel agree on it. How do we determine who is 'all the sages of Israel'? Is it only the sages living in the Land of Israel? Is the majority of sages sufficient? How do we determine who qualifies as a sage for this purpose?

These are some of the questions that will occupy the minds of daily page learners as they begin studying Tractate Sanhedrin.