THE JERUSALEM INSTITUTE OF JEWISH LAW
Rabbi Emanuel Quint, Dean

Lesson # 349 (part three) • The Beth Din System

In addition to the judicial functions of the Great Sanhedrin discussed in the last few lessons, the Great Sanhedrin also had nonjudicial functions. We shall begin with those that involve important decisions regarding the nation, the first of which is a declaration of war.

Declaration of War
A Mishna in T. Sanhedrin (1:5) states that the Great Sanhedrin has jurisdiction to decide whether or not the nation should embark on a voluntary war. According to Rashi, voluntary wars are all of those entered into by the nation except for the war of conquest when Joshua captured the Land of Israel. Rambam, however, both in his commentary to the Mishna and his code adds two additional circumstances: any war declared against the Amalekites, and any defensive war against an enemy attacking the nation. A controversy in this area arises from a Mishna in the second chapter of Sanhedrin which states that the king leads the people to a voluntary war according to the decision of the Great Sanhedrin. There are two different interpretations of the Mishna. One view is that the Great Sanhedrin may not by itself declare a voluntary war, but that the king’s acquiescence is required in this decision. The second view maintains that the king has no say in this matter and the Great Sanhedrin alone makes the decision.

In an obligatory war, such as the conquest of the land or a defensive war, or a war against the Amalekites, the king alone may make the decision whether or not to go to war. However, as to voluntary wars, it seems preferable to require the king’s acquiescence to the decision of the Great Sanhedrin. The obvious impact that a decision to go to war has upon the security of the nation mandates that the burden be shared by them.

Enlarging Jerusalem or the Holy Temple
A second matter of serious import that entails participation by the Great Sanhedrin because of its importance to the nation is the decision to enlarge Jerusalem or the Holy Temple. A Mishna in T. Sanhedrin states that neither the city (Jerusalem) nor the courtyards of the Holy Temple are to be enlarged except by the decision of the Great Sanhedrin. As explained in another Mishna in T. Kelim, there are various degrees of sanctity. The Holy City (Jerusalem) has a greater degree of sanctity that the rest of Israel, and the Holy Temple courtyards have a greater degree of sanctity than the rest of Jerusalem. If for some reason the Holy Temple courtyards have to be expanded, there would result in the creation of a new sanctity. Because of the seriousness of this decision, the responsibility in part of making the decision is given to the Great Sanhedrin. Because of the significant impact of this decision on the entire populace, even the Great Sanhedrin is not given the sole jurisdiction over this decision. The decision is made by the king with the consent of the Great Sanhedrin, the prophet and the Urim and Tumim.

The appointment of high officials

The king
The Great Sanhedrin has other non- judicial functions such as appointing High Officials. As stated by Rambam in his code, a King is not appointed except by the court of seventy-one. A prophet is to participate in the decision making process of appointing a king. This applies in the case of a dispute as to who will ascend the throne if the king leaves no son to ascend the throne. Similarly a Kohein Gadol is appointed by the court of seventy-one, the Great Sanhedrin.

Certain sin offerings
A third nonjudicial function of the Great Sanhedrin concerns aspects of the religious life and worship of the nation. This function consists of participation in certain sacrificial practices, such as the scapegoat on the Day of Atonement sacrifice and a special sin-offering where the people inadvertently sinned based on an erroneous decision of the Great Sanhedrin.

Burning of the Red Heifer
A second area of sacrificial supervision wherein the Great Sanhedrin plays a role is the burning of the red heifer. Because the ashes of the red heifer are necessary for ritual purification, a matter dealing with the national Holy Temple, the sacrifice requires the supervision of the Great Sanhedrin.

Examining the Priests and Levites
The final area of sacrificial supervision in which the Great Sanhedrin participates is the examination of the priests and levites as to pedigree and blemishes. This too involves its role as supervisor of ritual matters in the Holy Temple, a national institution. The priests were examined to see if they were bona fide kohanim and as to blemishes which would preclude them from certain functions in the Holy Temple.

Overseeing Matters Concerning the Law
Establishing Lesser Sanhedrin and Appointing Judges
Besides the Great Sanhedrin, there is a Lesser Sanhedrin for each city, a supreme Lesser Sanhedrin appointed for each tribe and two Lesser Sanhedrins appointed for Jerusalem. (These will IYH be discussed in future lessons.) The Great Sanhedrin has jurisdiction over the establishment and appointment of the judges for all the Lesser Sanhedrins.

Correcting the King’s Torah
A second area wherein the Great Sanhedrin performs a nonjudicial function of over- seeing matters concerning the law is the correction of the king’s Scroll of the Law. The Torah requires the king to write for himself a Sefer Torah, this in addition to the Torah which each Jew must have. This extra scroll is written very small, like an amulet, and is fastened to the king’s arm so that it may accompany him. The Jerusalem Talmud comments that the scroll is compared to the scroll written at the time of Ezra.

The Jubilee year
There is a positive commandment in the Torah requiring the counting of years to the jubilee year and to sanctify that year. It is the responsibility of the Great Sanhedrin to count the years until the jubilee year and to sanctify that year.

The Final Arbiter of the Law
The most important function of the Great Sanhedrin is to act as the fountain of the Law and as the final arbiter of all questions regarding the Law. They are the root of the Oral Torah. The members thereof are the pillars of instruction. Out of them go forth statutes and laws to all of Israel. Without any such authority to decide all questions, it would be impossible to determine the will of Hashem in any particular situation. This is, according to my opinion, the paramount function of the Great Sanhedrin. In each generation they state the word of Hashem.

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

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