Lesson # 355 (part five) • Jurisdiction of a Beit Din Sanctification is the formal proclamation of the new moon, if it occurs on the thirtieth day. Regarding this part of the Mishna, the Talmud cites two opinions as to what the Mishna actually means. Abaye, one of the Rabbis of the Talmud, says that the Mishna means that the sanctification of the month must be before a Beit Din consisting of three judges. Rava, another of the Rabbis of the Talmud, says that sanctification made on the thirtieth day is before a Beit Din, but on the thirty-first day no sanctification is necessary since the day had already been sanctified in heaven. When the thirtieth day is not sanctified the thirty-first day automatically becomes the first day of the new month. Rambam, in discussing the jurisdiction of the Beit Din simply states, “The intercalation of the month is by three judges.” He also adds that the computations regarding whether the moon could possibly have been seen is also before three judges. Accordingly, on the thirtieth day of the month, a Beit Din of three judges selected by the Great Sanhedrin receives witnesses who saw the new moon and determines the accuracy of their testimony. If it finds that the new moon was seen, then on the same thirtieth day the new moon is sanctified. Tosafot indicates that these judges need not be members of the Great Sanhedrin. The second calendar determination of the Beit Din regards intercalation of the year. The Mishna states “The intercalating of the year is decided by a court of three judges.” As was stated above, each new moon ushers in a new month. In twelve lunar months there approximately eleven days less than there are in a solar year. Thus, if every year were to consist solely of lunar months, the loss of eleven days annually would cause the same month to come out in different seasons ever few years. In one year, for example, Pesach, the fifteenth day of the month of Nissan, would come out in the spring, and a few years later in the winter. To avoid this, a thirteenth month is added every few years. This adding of the month is known as intercalation of the year. One controversial issue in this area concerns the number of judges required to perform this function. The Talmud cites Rabbi Meir who holds that three members of the court are appointed to study the question, and they decide whether the year should be intercalated. Rabbi Shimon, believes that if the three who were appointed make a final decision, it is binding; but the proper procedure is for the three who are first selected to make an initial study, and if majority believes that there is a basis for intercalation, then two more judges are added, so that five judges may fully discuss the matter. If a majority of the five judges believe that the year should be intercalated, then two more judges are added. Thus the final decision should be made by a majority of seven judges. There are certain guidelines for the judges to follow in deciding whether to intercalate. The judges who decide whether to intercalate are members of the Great Sanhedrin. We have been discussing the Great Sanhedrin, the Lesser Sanhedrins and the Beit Dins. We should take a look at the inner mechanics of those courts. In order to assist the judges in the performance of their duties, each court is assigned court officers, whose function it is to enforce the decision of the court and to mete out any punishments decided upon by the judges. But the judges’ duties do not end with decreeing the punishment; they also have the responsibility of overseeing the court officers to make sure that they use restraint in carrying out the punishments. In addition to the assistance of the court officers, some courts also employ physical objects in the performance of their duties to symbolize the scope of their jurisdictional powers. The Talmud (Tractate Sanhedrin 7b) relates that Rabbi Huna, before entering the court to judge a case used to say: “Bring forth the tools of my office; the rod, the lash, the horn, and the sandal. Rashi explains that the rod was used for beating according to the court’s direction; the lash was used for thirty-nine lashes; the horn was blown for excommunication; and the sandal was used for the Chalitza ceremony. Rashi further emphasizes that the rod and lash are to be used with caution in order to instill the fear of heaven in the people. In addition to these four instruments, Tur (1270-1340) in the name of Ahai Gaon (939-1038) says that a scroll of the Law should also be placed before the court. The reason for this is that the courts are in session on Mondays and Thursdays, which are also the days the scroll of the Law is read; therefore Ezra purposely arranged for the scroll of the Law to be available in the courtroom. Many of the matters included in this lesson, as in some of the recent lessons is to familiarize the reader with the texts of the codes, although some of these laws are not practiced at the present time. The subject matter of this lesson is more fully discussed in volume 1 chapter 1 of Jewish Jurisprudence by Emanuel Quint & Neil Hecht. Copies of both volumes can be purchased at local Judaica bookstores. Questions to quint@inter.net.il [The Parshat Chayei Sara Homepage]
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