Based on our analysis of the role and goals of Semicha, why would someone be interested in reinstitution Semicha today? Why would someone oppose such an initiative? Post your own answer and/or respond to a previous post.
The motivation for reinstituting Semicha would be to recreate a Sanhedrin that would help reunite Benei Yisrael and replace our own system of laws and judgments based on the Torah. I could see how this may be something that Zionist people may want to do to help bring the Jewish community back to Israel and by recreating the Sanhedrin, bring us closer to the Moshiach as the Rambam writes. Anyone who believes like the Ramabm therefore that we should use a rational ways to bring Mashiach would want to reinstitute Semicha and create the Sanhedrin. All those however that believe that Moshiach will come in a more נס type of way would be opposed to trying to recreate the סנהדרין. They would say that the power to judge these דיני קנסות should only be reinstituted when Moshiach comes and the judges therefore have absolute power. The fact that reinstituting Semicha may seem like we are trying to speed up Moshiach may be upsetting to some people. The Rambam also does finish his words by saying, "והדבר צריך הכרע" showing that maybe he too, isn’t 100% sure in what he has said.
I agree with Sammy. I just want to expound on it. Today Jews are so scattered, that there are Jews in far off countries like India, Haiti, and Ethiopia. All three countries have very different cultures and preach different forms of judicial systems and punishments. Naturally, those cultures have influenced the Jews living in them. Just like Rambam's view of a perfect judicial system may possibly sound Taliban-like with enforcers watching everyone's move, our Western, American take on the judicial system is a little more liberal, calm, and collected. Yet both can be technically be supported from the Torah. So what do you do if theoretically a Jew from Iran gets into a fight with a Jew from England? Both will come out arguing over who the judges should be and how the judgment should take place and what the reward/punishment should be. A centralized Sanhedrin can make sure that none of these culture clashes takes place. Now which culture gets to sit on the Sanhedrin? Great question.
In what ways would culture effect a system of laws which is so specific as the Torah's laws are? Would culture really have a say in the decision making process, or would it just bias us to wrongly stretch the law or ignore it?
Like with the Taliban example I gave above. The Torah commands "...Shotrim Titen Lecha..." - "Law enforcers". The Sefardic Rambam says their jobs are, well, similar to those of the Taliban (but, of course, not nearly as horrific and gruesome. There's no toe chopping, finger chopping, and other various cruelties). But they both patrol the streets making sure halacha is being followed to the fullest extent. No Ashkenazi mefaresh says anything like that. That's how the culture has an effect on the Jews. Yes, according to both cultures 2 judges beat 1 judge. But there are hazy areas that need clearing up. What exactly do Shotrim do?
I am not so sure that the reinstitution of the סנהדרין would relate to the issue of שוטרים as the פסוק says, "שופטים ושוטרים תתן לך בכל שעריך." This would probably not be talking about the סנהדרין הגדולה which sits in the לשכת הגזיז as opposed to "בכל שעריך." Therefore I'm not really sure that the idea of enforcing the law applies to the סנהדרין. Perhaps it is possible to say that all cultures would agree to the הלכה, but would have different ways of enforcing it. Maybe in the ספרדי community it would be different than in the אשכנז. I don't really think that I disagree with your point though Philip and I think למעשה we are saying the same thing.
The motivation for reinstituting Semicha would be to recreate a Sanhedrin that would help reunite Benei Yisrael and replace our own system of laws and judgments based on the Torah. I could see how this may be something that Zionist people may want to do to help bring the Jewish community back to Israel and by recreating the Sanhedrin, bring us closer to the Moshiach as the Rambam writes. Anyone who believes like the Ramabm therefore that we should use a rational ways to bring Mashiach would want to reinstitute Semicha and create the Sanhedrin. All those however that believe that Moshiach will come in a more נס type of way would be opposed to trying to recreate the סנהדרין. They would say that the power to judge these דיני קנסות should only be reinstituted when Moshiach comes and the judges therefore have absolute power. The fact that reinstituting Semicha may seem like we are trying to speed up Moshiach may be upsetting to some people. The Rambam also does finish his words by saying, "והדבר צריך הכרע" showing that maybe he too, isn’t 100% sure in what he has said.
ReplyDeleteI agree with Sammy. I just want to expound on it. Today Jews are so scattered, that there are Jews in far off countries like India, Haiti, and Ethiopia. All three countries have very different cultures and preach different forms of judicial systems and punishments. Naturally, those cultures have influenced the Jews living in them. Just like Rambam's view of a perfect judicial system may possibly sound Taliban-like with enforcers watching everyone's move, our Western, American take on the judicial system is a little more liberal, calm, and collected. Yet both can be technically be supported from the Torah. So what do you do if theoretically a Jew from Iran gets into a fight with a Jew from England? Both will come out arguing over who the judges should be and how the judgment should take place and what the reward/punishment should be. A centralized Sanhedrin can make sure that none of these culture clashes takes place. Now which culture gets to sit on the Sanhedrin? Great question.
ReplyDeleteIn what ways would culture effect a system of laws which is so specific as the Torah's laws are? Would culture really have a say in the decision making process, or would it just bias us to wrongly stretch the law or ignore it?
ReplyDeleteLike with the Taliban example I gave above. The Torah commands "...Shotrim Titen Lecha..." - "Law enforcers". The Sefardic Rambam says their jobs are, well, similar to those of the Taliban (but, of course, not nearly as horrific and gruesome. There's no toe chopping, finger chopping, and other various cruelties). But they both patrol the streets making sure halacha is being followed to the fullest extent. No Ashkenazi mefaresh says anything like that. That's how the culture has an effect on the Jews. Yes, according to both cultures 2 judges beat 1 judge. But there are hazy areas that need clearing up. What exactly do Shotrim do?
ReplyDeleteI am not so sure that the reinstitution of the סנהדרין would relate to the issue of שוטרים as the פסוק says, "שופטים ושוטרים תתן לך בכל שעריך." This would probably not be talking about the סנהדרין הגדולה which sits in the לשכת הגזיז as opposed to "בכל שעריך." Therefore I'm not really sure that the idea of enforcing the law applies to the סנהדרין. Perhaps it is possible to say that all cultures would agree to the הלכה, but would have different ways of enforcing it. Maybe in the ספרדי community it would be different than in the אשכנז. I don't really think that I disagree with your point though Philip and I think למעשה we are saying the same thing.
ReplyDelete