Modern attempts to revive the Sanhedrin
Encyclopedia
Modern attempts to revive the Sanhedrin are the efforts from 1538 CE until the present day to renew the Sanhedrin which was dissolved in 358 CE by the edict of the Byzantine emperor. The latest effort was in 2004 when a group of seventy one rabbi
Rabbi
In Judaism, a rabbi is a teacher of Torah. This title derives from the Hebrew word רבי , meaning "My Master" , which is the way a student would address a master of Torah...

s claiming to represent varied communities in Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...

 undertook a ceremony in Tiberias, where the original Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...

 was disbanded. That group claimed to re-establish the body, based on the proposal of Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...

 and the Jewish legal rulings of Rabbi Yosef Karo
Yosef Karo
Joseph ben Ephraim Karo, also spelled Yosef Caro, or Qaro, was author of the last great codification of Jewish law, the Shulchan Aruch, which is still authoritative for all Jews pertaining to their respective communities...

. As of March, 2010 that effort is still ongoing.

Sanhedrin in Judaism

The Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...

 is traditionally viewed as the last institution which commanded universal authority among the Jewish people in the long chain of tradition from Moses
Moses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...

 until the present day. Since its dissolution in 358 CE, there has been no universally recognized authority within Jewish law (Halakha)
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...

.

Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...

 (1135–1204) was one of the greatest scholars of the Middle Ages
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...

, and is arguably one of the most widely known scholars among the Jewish people. Influenced by the rationalist school of thought and generally showing a preference for a natural (as opposed to miraculous) redemption for the Jewish people, Maimonides proposed a rationalist solution for achieving the goal of re-establishing the highest court in Jewish tradition and reinvesting it with the same authority it had in former years. There have been several attempts to implement Maimonides' recommendations, the latest being in modern times.

The dissolution of the classical Sanhedrin

By the end of the Second Temple
Second Temple
The Jewish Second Temple was an important shrine which stood on the Temple Mount in Jerusalem between 516 BCE and 70 CE. It replaced the First Temple which was destroyed in 586 BCE, when the Jewish nation was exiled to Babylon...

 period, the Sanhedrin achieved its quintessential position, legislating on all aspects of Jewish religious and political life within the parameters laid down by Biblical and Rabbinic tradition.

After the destruction of the Second Temple in 70 CE, the Sanhedrin was re-established in Yavne
Yavne
Yavne is a city in the Central District of Israel. According to the Israel Central Bureau of Statistics , at the end of 2009 the city had a population of 33,000.-History:...

h by agreement between Yochanan ben Zakai
Yochanan ben Zakai
Johanan ben Zakai , also known as Johanan B. Zakkai was one of the tannaim, an important Jewish sage in the era of the Second Temple, and a primary contributor to the core text of Rabbinical Judaism, the Mishnah. He is widely regarded as one of the most important Jewish figures of his time...

 and Roman Emperor Vespasian
Vespasian
Vespasian , was Roman Emperor from 69 AD to 79 AD. Vespasian was the founder of the Flavian dynasty, which ruled the Empire for a quarter century. Vespasian was descended from a family of equestrians, who rose into the senatorial rank under the Emperors of the Julio-Claudian dynasty...

. Vespasian agreed in part due to the perception that the Pharisees
Pharisees
The Pharisees were at various times a political party, a social movement, and a school of thought among Jews during the Second Temple period beginning under the Hasmonean dynasty in the wake of...

 had not participated in the first revolt
First Jewish-Roman War
The First Jewish–Roman War , sometimes called The Great Revolt , was the first of three major rebellions by the Jews of Judaea Province , against the Roman Empire...

 to the extent that other groups had. Thus the Sanhedrin in Yavneh was comprised almost exclusively of pharisaic scholars. The imperial Roman government recognized the Sanhedrin. They regarded the head of the Sanhedrin
Nasi
Nāśī’ is a Hebrew title meaning prince in Biblical Hebrew, Prince in Mishnaic Hebrew, or president in Modern Hebrew.-Genesis and Ancient Israel:...

 as their own paid government official with the status of Prefect. Roman legislation severely reduced the scope of its authority, but confirmed the body's ultimate authority in religious matters. In an attempt to quash revolutionary elements, Rome in effect declared one form of Judaism to be the only recognized form of religion. This led to persecution of sectarian groups, and attempts by these groups to find fault with the Sanhedrin before the Roman government.

The Sanhedrin moved from Yavneh to Usha under the presidency of Gamaliel II
Shimon ben Gamliel
Simeon ben Gamliel was a Tanna sage and leader of the Jewish people. He succeeded his father Gamliel I as the nasi of the Sanhedrin after his father's death in 50 CE and just before the destruction of the Second Temple...

 in 80. In 116 it moved back to Yavneh, and again back to Usha. It moved in 140 to Shefaram
Shefa-'Amr
Shefa-'Amr, also Shfar'am is a predominantly Arab city in the North District of Israel. According to the Israel Central Bureau of Statistics , at the end of 2009 the city had a population of 35,300.-Etymology:...

 under the presidency of Shimon ben Gamliel II
Shimon ben Gamliel II
Simeon ben Gamliel II was a Tanna of the third generation and president of the Great Sanhedrin. Shimon was a youth in Betar when the Bar Kokhba revolt broke out, but when that fortress was taken by the Romans he managed to escape the massacre...

, and to Beth Shearim and Sephoris
Tzippori
Tzippori , also known as Sepphoris, Dioceserea and Saffuriya is located in the central Galilee region, north-northwest of Nazareth, in modern-day Israel...

 in 163, under the presidency of Judah haNasi
Judah haNasi
Judah the Prince, or Judah I, also known as Rebbi or Rabbeinu HaKadosh , was a 2nd-century CE rabbi and chief redactor and editor of the Mishnah. He was a key leader of the Jewish community during the Roman occupation of Judea . He was of the Davidic line, the royal line of King David, hence the...

. Finally, it moved to Tiberias in 193, under the presidency of Gamaliel III
Gamaliel III
Gamaliel III was the son of Rabbi Judah haNasi , who appointed him his successor as nasi. Little certain is known about his activities, but it is likely that the revision of the Mishnah was completed during his era....

 (193-220) ben Judah haNasi
Judah haNasi
Judah the Prince, or Judah I, also known as Rebbi or Rabbeinu HaKadosh , was a 2nd-century CE rabbi and chief redactor and editor of the Mishnah. He was a key leader of the Jewish community during the Roman occupation of Judea . He was of the Davidic line, the royal line of King David, hence the...

, where it became more of a consistory, but still retained, under the presidency of Judah II
Judah II
Judah II or Nesi'ah I was a famous Jewish sage who lived in Tiberias in the Land of Israel, in the middle of the third century CE. He is mentioned in the classical works of Judaism's oral law, the Mishnah and Talmud....

 (220-270), the power of excommunication.

During the presidency of Gamaliel IV
Gamaliel IV
Gamaliel IV was and father of Judah III.Gamaliel was the president of the Sanhedrin between 270 and 290 CE...

 (270-290), it dropped the name Sanhedrin, and its authoritative decisions were subsequently issued under the name of Beth HaMidrash
Yeshiva
Yeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...

.

As a reaction to the emperor Julian
Julian
Julian is a common male given name in Britain, United States, Ireland, Germany, Poland, the Netherlands, France , Spain, Latin America and elsewhere....

's pro-Jewish stance, Theodosius I
Theodosius I
Theodosius I , also known as Theodosius the Great, was Roman Emperor from 379 to 395. Theodosius was the last emperor to rule over both the eastern and the western halves of the Roman Empire. During his reign, the Goths secured control of Illyricum after the Gothic War, establishing their homeland...

 forbade the Sanhedrin to assemble and declared ordination
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

 illegal. (Roman law prescribed capital punishment for any Rabbi who received ordination and complete destruction of the town where the ordination occurred).

However, since the Hebrew calendar
Hebrew calendar
The Hebrew calendar , or Jewish calendar, is a lunisolar calendar used today predominantly for Jewish religious observances. It determines the dates for Jewish holidays and the appropriate public reading of Torah portions, yahrzeits , and daily Psalm reading, among many ceremonial uses...

 was based on witnesses' testimony, that had become far too dangerous to collect, Hillel II
Hillel II
Hillel II, also known simply as Hillel held the office of Nasi of the ancient Jewish Sanhedrin between 320 and 385 CE. He was the son and successor of Judah III. He was a Jewish communal and religious authority, circa 330 - 365 CE...

 recommended change to a mathematically-based calendar that was adopted at a clandestine, and maybe final, meeting in 358. This marked the last universal decision made by that body.

Gamaliel VI
Gamaliel VI
Gamaliel VI was the last nasi of the ancient Sanhedrin.Gamaliel came into office around the year 400. On 17 October 415, an edict issued by the Emperors Honorius and Theodosius II deposed Gamaliel as nasi because he had disregarded an earlier decree by Honorius, which had curtailed his privileges...

 (400-425) was the Sanhedrin's last president. With the death of this patriarch, executed by Theodosius II
Theodosius II
Theodosius II , commonly surnamed Theodosius the Younger, or Theodosius the Calligrapher, was Byzantine Emperor from 408 to 450. He is mostly known for promulgating the Theodosian law code, and for the construction of the Theodosian Walls of Constantinople...

 for erecting new synagogues contrary to the imperial decree, the title Nasi
Nasi
Nāśī’ is a Hebrew title meaning prince in Biblical Hebrew, Prince in Mishnaic Hebrew, or president in Modern Hebrew.-Genesis and Ancient Israel:...

, the last remains of the ancient Sanhedrin, became illegal to be used after 425.

There are records of what may have been of attempts to reform the Sanhedrin in Arabia, in Jerusalem under the Calif 'Umar, and in Babylon (Iraq), but none of these attempts were given any attention by Rabbinic authorities and little information is available about them.

Maimonides' semicha by consensus

Maimonides was one of the greatest scholars of the Middle Ages, and is arguably one of the most widely accepted scholars among the Jewish people since the closing of the Talmud in 500 CE.
Influenced by the rationalist school of thought and generally showing a preference for a natural (as opposed to miraculous) redemption for the Jewish people, Maimonides records that it is an absolute, binding requirement of the Jewish people in every generation to set up a Sanhedrin and courts of law. Faced with the demise of classical Semicha
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

 (Biblical ordination), he tentatively proposed a rationalist solution for achieving the goal of re-establishing the highest court in Jewish tradition and reinvesting it with the same authority it had in former years.

Maimonides writes:
It appears to me [Maimonides] that if all the sages of the Land of Israel consent to appoint dayanim (judges) and grant them semichah (ordination), they have the law of musmachim and they can judge penalty cases and are authorized to grant semichah to others [thus restoring Biblical ordination].

If so, why did the sages bemoan [the loss of] semichah? So that the judgment of penalty cases wouldn't disappear from among Israel because Jews are so spread out that it's not possible to get their consent [to authorize a dayan]. If someone were to receive semichah from someone who already has semichah, then he does not require their consent – he may judge penalty cases for everyone since he received semichah from beis din (rabbinical court). However, this matter requires a final decision.
(Rambam, Hilchos Sanhedrin 4:11)


The wording of this teaching is vague and tentative and leaves several points open. Firstly, it opens with "It appears to me" and ends with "this matter requires a final decision". Secondly, it is not specified what is meant by "consent". Thirdly, it leaves open as to who are "all the sages of the Land of Israel" and lastly - although not apparent here - what is really meant by the word "all". These questions led to significant debate within Rabbinic circles, from those who completely disregarded this teaching to others who differed on its meaning.

The differing interpretations gradually coalesced by the time of Yosef Karo who recorded as definitive Jewish law that ordination could be established by consensus, and accepted such ordination himself. While Rabbi Yosef Karo's magnum opus, the Shulchan Aruch
Shulchan Aruch
The Shulchan Aruch also known as the Code of Jewish Law, is the most authoritative legal code of Judaism. It was authored in Safed, Israel, by Yosef Karo in 1563 and published in Venice two years later...

, is considered the most authoritative collection of Jewish Law in use today, his views on this subject are not widely known. In general, religious Jews not familiar with his writings on the subject tend to reject outright the notion of establishing a Sanhedrin by consensus.

The matter of restoring semicha by consensus has been a matter of dispute within the orthodox community. Against the view are such authorities as the Rabbi Avraham Yeshayah Karelitz (the Chazon Ish), who quoted Rabbi David ibn abi Zimra
David ben Solomon ibn Abi Zimra
Rabbi David ben Solomon ibn Zimra , also called Radbaz after the initials of his name, Rabbi David iBn Zimra, was an early Acharon of the fifteenth and sixteenth centuries who was a leading posek, rosh yeshiva, chief rabbi, and author of more than 3,000 responsa as well as several scholarly...

 (the Radvaz) on the subject, who in turn sided with Rabbi Levi Ibn Chaviv
Levi Ibn Chaviv
Levi ibn Habib was Chief Rabbi of Jerusalem from 1525 until his death.Under King Manuel of Portugal, and when about seventeen, he was compelled to submit to baptism, but at the first opportunity fled to Salonica, where he could follow the dictates of his conscience in safety...

 (the Ralbach), who based his claims on the Rabbi Moses ben Nachman (Ramban)
Nahmanides
Nahmanides, also known as Rabbi Moses ben Naḥman Girondi, Bonastruc ça Porta and by his acronym Ramban, , was a leading medieval Jewish scholar, Catalan rabbi, philosopher, physician, kabbalist, and biblical commentator.-Name:"Nahmanides" is a Greek-influenced formation meaning "son of Naḥman"...

that it is impossible to form a Sanhedrin before Moshiach, the Jewish messiah, comes.

On the other hand, authorities based on Maimonides and Rabbi Yosef Karo, author of the Shulchan Aruch, were of the opinion that semicha could be established by consensus and a Sanhedrin could be formed without waiting for Moshiach. Rabbi Yisrael of Shklov, the leading disciple of the Vilna Gaon
Vilna Gaon
Elijah ben Shlomo Zalman Kramer, known as the Vilna Gaon or Elijah of Vilna and simply by his Hebrew acronym Gra or Elijah Ben Solomon, , was a Talmudist, halachist, kabbalist, and the foremost leader of non-hasidic Jewry of the past few centuries...

, wrote in the name of the Gaon that there was no need to wait for Moshiach before forming a Sanhedrin. (Cf. Attempt by Rabbi Yisroel Shklover, 1830 to revive Semicha
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

.)

A brief summary of the last five rabbinical attempts to create a Sanhedrin

A discussion of the last five rabbinical attempts to reinstate Semicha
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

 can be found in the Wikipedia entry on Semicha. Rabbi Bavad, a member of the new Sanhedrin, gives a brief discussion of those attempts and how they affected the most recent attempt.
  • Attempt by Rabbi Jacob Berab
    Jacob Berab
    Jacob Berab, also spelled Yakov Berav or Bei Rav, was an influential rabbi and talmudist, born at Moqueda near Toledo, Castilian Spain, in 1474; died at Safed, Ottoman Palestine April 3, 1546.-Chosen rabbi at eighteen:Berab was a pupil of Isaac Aboab...

     in 1538. Rabbi Berab assembled 25 of the most leading Rabbis of Israel, who at the time were located in Safed, and re-instituted the Semicha. They convened and ordained Rabbi Berab as their "Chief Rabbi
    Chief Rabbi
    Chief Rabbi is a title given in several countries to the recognized religious leader of that country's Jewish community, or to a rabbinic leader appointed by the local secular authorities...

    ". The Rabbis of Jerusalem felt a slight on their honor and declared the election invalid, and a major dispute ensued. Some Rabbis held that it wasn't possible to renew the Semicha, but Rabbi Yosef Karo
    Yosef Karo
    Joseph ben Ephraim Karo, also spelled Yosef Caro, or Qaro, was author of the last great codification of Jewish law, the Shulchan Aruch, which is still authoritative for all Jews pertaining to their respective communities...

    , author of the Shulchan Aruch
    Shulchan Aruch
    The Shulchan Aruch also known as the Code of Jewish Law, is the most authoritative legal code of Judaism. It was authored in Safed, Israel, by Yosef Karo in 1563 and published in Venice two years later...

    , took the position that the procedure was valid and he was one of four Rabbi ordained by Rabbi Berab. Rabbi Karo in turn ordained Rabbi Moshe Alshich
    Moshe Alshich
    Moshe Alshich, also spelled Alshech, , known as the Alshich Hakadosh , was a prominent rabbi, preacher, and biblical commentator in the latter part of the 16th century....

     who in turn ordained Rabbi Hayyim Vital the prime disciple of the Ari Hakodosh
    Isaac Luria
    Isaac Luria , also called Yitzhak Ben Shlomo Ashkenazi acronym "The Ari" "Ari-Hakadosh", or "Arizal", meaning "The Lion", was a foremost rabbi and Jewish mystic in the community of Safed in the Galilee region of Ottoman Palestine...

    . The new Sanhedrin has modeled its actions after this attempt.

  • Attempt by Rabbi Yisroel of Shklov in 1830. In Rabbi Yisroel's lifetime the Turkish empire was crumbling, and for the first time in almost a thousand years westerners were being allowed into Yemen. Scientific journals of the time seriously speculated that the remnants of the lost ten tribes would be found. Based on Jewish traditions and "scientific evidence" Rabbi Yisroel sent an emissary to obtain Semicha
    Semicha
    , also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

     from these lost tribes. In the end, no remnant was found, however the responses involved in this shed light on the Vilna Gaon
    Vilna Gaon
    Elijah ben Shlomo Zalman Kramer, known as the Vilna Gaon or Elijah of Vilna and simply by his Hebrew acronym Gra or Elijah Ben Solomon, , was a Talmudist, halachist, kabbalist, and the foremost leader of non-hasidic Jewry of the past few centuries...

    's position that it was permissible to attempt to re-establish the Sanhedrin.

  • Attempt by Rabbi Aharon Mendel haCohen in 1901. Rabbi Mendel collected the approval of approximately 500 leading Rabbis in favor of the renewal of Semicha according to Maimonides. His involvement in the founding of Agudath Israel
    Agudath Israel
    Agudath Israel can refer to any of several related organizations, including:*World Agudath Israel, an international movement*Agudath Israel of America, an American organization*Agudat Yisrael, an Israeli political party...

     and the breakout of World War I
    World War I
    World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

     distracted him from implementing this plan. The new Sanhedrin bases its use of phones, fax and regular mail rather than physically assembling "all the scholars of the Land of Israel" on the rabbinical responsa surrounding this attempt.

  • Attempt by Rabbi Zvi Kovsker in 1940. Rabbi Zvi Kovsker came to Israel from Soviet Russia. Seeing the condition of Jews in the years leading up to World War II
    World War II
    World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

    , he undertook an effort to contact and work with many Rabbinic leaders in Israel towards getting their approval for the renewal of Semicha, and the reestablishment of a Sanhedrin, as an authentic government for the Jewish people (this was before the establishment of the State of Israel). His efforts to lobby the Rabbinic leaders were the model for twenty years of groundwork and discussions by the organizers of the new Sanhedrin.

  • Attempt by Rabbi Yehuda Leib Maimon
    Yehuda Leib Maimon
    Yehuda Leib Maimon was an Israeli rabbi, politician and leader of the religious Zionism movement, originating from Bessarabia.-Biography:Born in 1875 in Mărculeşti, Bessarabia , Maimon studied in a number of yeshivot and received rabbinic ordination from Rabbi Yechiel Michel Epstein, the author of...

     in 1949. Rabbi Maimon proposed turning the Israeli Rabbinate into a Sanhedrin. The perceived subordinate position to the government of Israel was compared to Napoleon's Sanhedrin, and led to strong vocal opposition by most Haredi
    Haredi Judaism
    Haredi or Charedi/Chareidi Judaism is the most conservative form of Orthodox Judaism, often referred to as ultra-Orthodox. A follower of Haredi Judaism is called a Haredi ....

     rabbis. Israel's Chief Ashkenazi rabbi at the time Rabbi Isaac Herzog, was hesitant to support this goal, and the idea eventually died away. In contrast, the new Sanhedrin has declared itself entirely independent of the government, and in several respects has opposed the government.

Rabbi Beirav, the model for the current attempt

A closer look at the attempt by Rabbi Beirav, and the involvement of the Beis Yosef, which was the model for the current attempt

Rabbi Yakov Berav (1474–1546), known as the Mahari Beirav, was born in Spain. Evidence of the great respect is afforded by the following lines of Rabbi Abraham Gavison in Omer ha-Shikchah: "Say not that the lamp of the Law no longer burns in Israel! Yakov Beirav has come back! once more he sojourns among us!" In 1533 he became Rabbi at Cairo; and several years after he seems to have finally settled in Safed, which then contained the largest and most learned Jewish community in the Land of Israel. After the Spanish expulsion, many Jews remained in Spain, practicing their Judaism in secret, while publicly appearing to be Christians. Thousands of these Marrano Jews eventually escaped to areas where they could practice their religion with relative freedom, yet they were haunted by the sins they had committed in previous years. As chief Rabbi of Safed, Rabbi Yakov Beirav proposed the creation of Jewish courts that would carry out the punishment of malkos, lashes, which releases someone from the punishment of kareis (Mishnah Makos 23a). But in order to create these Jewish courts, classical ordination had to be reinstituted.

Renewal of Semicha

For a year, Rabbi Yakov Beirav discussed the issues of re-establishment institution of semicha
Semicha
, also , or is derived from a Hebrew word which means to "rely on" or "to be authorized". It generally refers to the ordination of a rabbi within Judaism. In this sense it is the "transmission" of rabbinic authority to give advice or judgment in Jewish law...

 with the scholars of Safed. After much discussion the scholars at Safed came to the conclusion that Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...

' view was correct, and that there was a pressing need to re-establish the Sanhedrin. In 1538 twenty-five Rabbis met in an assembly at Safed and ordained Rabbi Yakov Beirav, giving him the right to ordain others who would then form a Sanhedrin. After sending a delegation to Jerusalem, Rabbi Yakov Beirav expounded on Shabbat before all the scholars of Safed the halachic basis of the re-establishment of semicha and its implications, with an intent to dispel any remaining doubts. On hearing of this event, approximately two hundred scholars, most of the scholars in Land of Israel, also expressed their consent. To obtain the good-will of the scholars of Jerusalem, Rabbi Yakov Beirav sent Rabbi Shlomo Chazan to inform them of the reinstitution of semicha and to obtain their approval. He extended semicha to the chief Rabbi at Jerusalem, Levi ben Yakov ibn Chaviv, (Ralbach
Levi Ibn Chaviv
Levi ibn Habib was Chief Rabbi of Jerusalem from 1525 until his death.Under King Manuel of Portugal, and when about seventeen, he was compelled to submit to baptism, but at the first opportunity fled to Salonica, where he could follow the dictates of his conscience in safety...

).

The dispute

The Ralbach however rejected the semicha. He considered it an insult to his dignity and to the dignity of Jerusalem that so important a change should be effected without consultation of the scholars of Jerusalem. Rabbi Moshe deCastro of Jerusalem also expressed doubts over the applicability of semicha. Because of this opposition some of the scholars of Safed also began to entertain doubts. Rabbi Yakov Beirav again assembled the scholars of Safed, and reviewed the halachic basis for re-establishment of semicha. Rabbi Yosef Karo and others sent a treatise Maaseh Beis Din to the scholars of Jerusalem explaining the basis for semicha and protesting their opposition to its re-establishment. In the course of time, the Ralbach put his objections to Rabbi Yakov Beirav's semicha in writing, involving additional scholars in the dispute. In response Rabbi Yakov Beirav composed and distributed Iggeret Hasemicha to settle any halachic doubts. The dispute lasted for a year. In general the scholars outside of Land of Israel did not get involved at this stage in the dispute, with the exception of the Radbaz.

The Ralbach's objections centered around the following points:
  1. The re-establishment of semicha will cause the speeding up of redemption, which is not permitted.
  2. Maimonides closing words, "This matter requires a final decision" shows that he was not fully decided on this ruling. Since Maimonides was uncertain and Nahmanides
    Nahmanides
    Nahmanides, also known as Rabbi Moses ben Naḥman Girondi, Bonastruc ça Porta and by his acronym Ramban, , was a leading medieval Jewish scholar, Catalan rabbi, philosopher, physician, kabbalist, and biblical commentator.-Name:"Nahmanides" is a Greek-influenced formation meaning "son of Naḥman"...

     was certain, the law follows Nahmanides.
  3. Lastly that the role of Sanhedrin had to be complete, the Calendar had to immediately change which could cause division among the Jewish people
  4. Even if Maimonides was correct, because the scholars of Jerusalem were not present the election was invalid.


Rabbi Yakov Beirav countered with the following points:
  1. First, that the re-establishment semicha is not interfering with the process of redemption, rather it is simply the fulfillment of a positive mitzvah.
  2. The Maimonides' closing words refer to a different legal matter.
  3. There was no problem leaving the Jewish calendar unchanged.
  4. The most learned scholars lived in Safed and that was sufficient; in Jewish law the word "all" means the "main part". (It is interesting to note that the Ralbach did not differ with Rabbi Yakov Beirav on this point, only he objected that "all" must include the scholars of Jerusalem. He did not claim that every scholar in all of Land of Israel should be present in the assembly).


In his treatise Maaseh Beis Din, Rabbi Yosef Karo explained Maimonides' principle of "all". There he writes that Maimonides meant that if one Rabbi is willing to defer to the knowledge and wisdom of another Rabbi - those lesser rabbis are already included to the greater rabbis and need not be included in the count of "all" (meaning that the scholars of Jerusalem did not need to be included in the election process). To further show that he held that this opinion, he accepted the Semicha of Rabbi Beirav, and passed it on for several generations.

Conclusion

It is known that Rabbi Yosef Karo and Rabbi Moses of Trani were two of the four men ordained by Rabbi Yakov Beirav. The others are assumed to be Rabbi Abraham Shalom and Rabbi Israel de Curial and/or Rabbi Yoshiyahu Pinto. After weighing the objections of Ralbach, Rabbi Yosef Karo chose to be part of the Mahari Beirav's attempt to reinstate the Sanhedrin in his time. This is the source for the acronym MaRaN, which stands for the words "ordained by two hundred Rabbis" (Masa'im Rabanan Nismach). Scholars never criticized Rabbi Yosef Karo for this decision. Though there were arguments over many years about the authority of the Shulchan Aruch until it became universally accepted, yet nowhere does one criticize Rabbi Yosef Karo for the fact that he received semicha from Rabbi Yakov Beirav and transmitted it onward. Rabbi Yosef Karo is known to have used his semicha to ordain Rabbi Moses Alsheich, who in turn, ordained Rabbi Chaim Vital. Thus semicha can be traced for at least four generations. Rabbi Yosef Karo, in his commentary the Beis Yosef (Choshen Mishpat 295), answered the objections of the Ralbach by recording as definitive Jewish law the Maimonides' opinion that semicha can be renewed by consensus.

However this view is not shared by all modern Rabbis, Rabbi Yirmiyohu Kaganoff writes: Although Rav Yosef Karo had received this semicha and ordained Rav Moshe Alshich, it is not clear he utilized the semicha in any other way. Nowhere does he refer to a renewal of semicha, and furthermore, numerous places in Shulchan Aruch would be written differently if its author assumed that a beis din of semuchim existed today. In all these places, he assumes that no beis din today exists that is authorized to paskin on the laws of penalties and punishments... Although Rav Moshe Alshich ordained Rav Chayim Vital (Birkei Yosef, Choshen Mishpat 1:7), who was renowned as the primary disciple of the Arizal, the semicha trail appears to end at this point. There is no indication of anyone continuing the semicha project after this time... according to Rabbi Kaganoff, 'we can assume that the psak of the Ralbach
Levi Ibn Chaviv
Levi ibn Habib was Chief Rabbi of Jerusalem from 1525 until his death.Under King Manuel of Portugal, and when about seventeen, he was compelled to submit to baptism, but at the first opportunity fled to Salonica, where he could follow the dictates of his conscience in safety...

 and Radvaz
David ben Solomon ibn Abi Zimra
Rabbi David ben Solomon ibn Zimra , also called Radbaz after the initials of his name, Rabbi David iBn Zimra, was an early Acharon of the fifteenth and sixteenth centuries who was a leading posek, rosh yeshiva, chief rabbi, and author of more than 3,000 responsa as well as several scholarly...

was accepted that we should not introduce semicha on our own.'

Footnotes

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