Awaiting Elijah
‘Semicha… Is Performed By Three’
(Sanhedrin 13b)
Our daf compares semicha – rabbinical ordination (lit. laying of hands) – with semicha, the laying of hands of the elders al rosh par he’elam – on the head of the bull that was brought for those sins hidden from the majority of the congregation (see Rashi 22 s.v. “Semichas Zekenim”), which requires three elders (judges).
One, Three, Or Seventy?
The Gemara also discusses whether the two are actually compared. Perhaps semicha – rabbinical ordination – only needs one, as evidenced by the verse (Bamidbar 27:23), “Vayismach es yadav alav,” And he [Moses] laid his hands upon him [Joshua]…”
The Gemara offers that perhaps Moses did so in the presence of the Sanhedrin – the 70 elders. The question then is, if so, perhaps 70 are needed for semicha. The Gemara’s question remains unresolved.
The Gemara now relates how R. Yehuda b. Bava risked his life (for which he was ultimately killed by the Romans) to continue the unbroken chain of semicha from Moses. Thus the Gemara credits him for the continuation of our possibility of adjudicating penalty cases – kenasos. Because had he not succeeded in conferring semicha at that time, semicha would have been lost.
Tosafos (5a s.v. “Naktina”) explain this. Semicha can only be conferred by one who is himself a “samuch” – ordained. Thus R. Yehudah b. Bava is singled out for praise by R. Yehuda in the name of Rav as the one who ensured the unbroken chain.
Semicha Did Cease
Notwithstanding this, since semicha can only be conferred in Eretz Yisrael, once the Jewish people were exiled that chain was indeed broken and thus no longer exists. (Our modern day semicha continues, but it is not that original semicha.)
Reinstating Semicha
Rambam (Hilchos Sanhedrin 4:11) postulates that it is possible to reinstate semicha even after the interruption of so many years. He offers that if all the sages in Eretz Yisrael were to agree to ordain certain individuals as judges, they have the collective authority to confer on others by general consent. The result would be properly suited judges who are authorized to adjudicate dinei kenasos – penalties.
Radbaz (to Rambam ad loc.) explains that Rambam based his theory on the verse (Isaiah 1:25), “Ve’ashiva shoftayich ke’barishona,” Then [in the days of Moshiach] I will restore your judges…” Rambam, however, leaves the matter as in need of further clarification.
Taking Action
Radbaz (to Rambam, Hilchos Sanhedrin chap. 4:11) relates the following: In the 16th century, a group of leading rabbis in the city of Tzefas, then the center of Jewish life in Eretz Yisrael, took their cue from the above Rambam and ordained Mahari Beirav. Mahari Beirav subsequently conferred semicha on some of his leading disciples including Rabbi Yosef Caro, the author of the Shulchan Aruch.
Strong Opposition
When Maharlbach, a leading sage in Jerusalem at the time, was informed of this remarkable development, he adamantly refused to sanction it. (See his numerous responsa – at the end of Responsa Maharlbach.) He argued that Rambam had left this matter unresolved – and additionally, even if we accept the idea, every rabbi in Eretz Yisrael was required to give his consent, which simply did not occur here.
He thus offered, as Radbaz (ad loc.) notes, that before the arrival of Moshiach Elijah will come and he will confer semicha – and he himself was indeed a samuch, who ascended to heaven alive – and he thus retains the power and right to confer semicha on others when he returns, may it be speedily in our days.
