Debarim (Deuteronomio) 11:26-16:17
This week’s parashah is titled “Shofetim” (“Judges”). This portion includes several laws regarding judgments of different categories. On the lowest level, the Eternal One, blessed be He, requires each Israelite to pursue justice. Then, the Torah presents the judges of the Great Court (Sanhedrin). Finally, on the highest level, we find the Melekh (King) of Israel, who must establish justice in the Land of Israel. In this commentary, we will analyze the authority of the Great Court.
The Torah says:
“And you shall come to the priests, the Levites, and to the judge…”
The Talmud establishes that the “judge” referred to in this passage is the judge of the Great Court.
The Israelite judicial system is organized into three levels: 3 judges, 23 judges, and 71 judges. The local court is composed of 3 judges, who have jurisdiction over minor cases. If a case is beyond the authority of the smaller court, it must be taken to the court of 23 judges. Finally, if the first two courts cannot reach a verdict, the case must be taken to the Great Court in Jerusalem. The Great Court is responsible for deciding cases of capital punishment.
By inference from the context, we know that in this parashah the Torah is referring to this last court, since it is explaining the criminal process of an offender. In addition to judging criminals, the Sanhedrin also has legal authority to establish halakhah (practical applications of the commandments) for the entire people of Israel. The last Sanhedrin known to the people of Israel was in the fifth cycle, and its last legislators were Rabbis Ashi and Ravina, as explained in Tractate Horayot. After these two, no Sage has legislative authority. All the Sages after this period are known by the title Gaon.
It is interesting to note that in the 11th century, the commentator Rashi said:
“Although he is not like the other judges who came before him, you must listen to him; you have no judge except the one of your days.”
Later, Ramban (Naḥmanides) explained in his Sefer haḤinukh that the “judge” in this passage applies to the Sage of the era. In contrast, Rambam (Maimonides), in the Mishneh Torah, explains (as he had received from the academies of Babylonia) that there is no judge with legislative authority in our days except the Sanhedrin. Here we find two opposing interpretations: on the one hand, that legislative authority rests in the hands of the judges of the Supreme Court (Sanhedrin), and on the other hand, that each “judge” (or rabbi) may legislate for his own community. Rashi’s view prevailed in the Franco-German communities, as well as in Provence and Spain.
Today, the leaders of Jewish communities are called “Rabbi.” However, in earlier times this title was exclusive to a judge ordained by the Sanhedrin, that is, an individual with authority to legislate. Everything necessary to fulfill the will of Heaven was ruled and explained in the Talmud by those judges in each generation, from our teacher Moshe, peace be upon him, until Rabbis Ashi and Ravina. In biblical times, it was the prophets of Israel who corrected the course of the people through the Sanhedrin and the King. Unfortunately, today we have neither King nor prophet.
Once a Sanhedrin establishes the law, no judge may rule against that law, against the majority. If he does, he is called a zaken mamre (rebellious elder, a judge in contempt). In this sense, the Talmud recounts the story of Rabbi Eliezer ben Hyrcanus, who was considered the most gifted in Torah of his era. The story explains that he defied the law of the majority and was excommunicated when he tried to impose his opinion above the system established by the Eternal, blessed be He. In conclusion, no one who bears the title of “rabbi” or “sage” can change what was established by the true Doctors of the Law, no matter how much knowledge he has acquired, how many political connections he has made, or how much spirituality he believes he possesses.
ADONAY, blessed be He, commands us:
“You shall act according to the sentence they pronounce in the place which ADONAY will choose, and you shall observe carefully all that they instruct you. You shall act according to the Torah which they teach you and according to the judgment which they tell you; you shall not turn aside from the word they declare to you, to the right or to the left. The man who acts presumptuously and does not heed the priest who stands to minister there before ADONAY your God, or the judge, that man shall die. So you shall put away the evil from Israel. Then all the people shall hear and fear, and no longer act arrogantly” (Debarim/Deuteronomy 17:10–13).
May it be the will of the Blessed God to restore our judges as in former days, so that justice may be carried out in our people.