We are so far removed from the era of the Sanhedrin that it is difficult for us to fully appreciate the extent to which our stagnant halachic system is harmed by its absence. When Jewish law is able to function in its ideal state, significant powers are delegated to its “Supreme Court” to legislate details of Torah law and institute rabbinic laws.
As a number of traditional sources point out, such legislation of the details of biblical law was not decided solely upon the basis of decoding the text or Talmudic logic. Rather the Court was supposed to develop an awareness of the spiritual, moral, social and economic realities of its generation and to ensure that Torah law was best-suited to maximize its relationship with Hashem.
But how could they determine which details of Torah law they were empowered to revisit and amend? If a new Sanhedrin were appointed tomorrow, which of the halachic problems facing modern Judaism could they resolve – and how?
I believe that these are critical questions which rabbinic and Talmudic scholars today need to address and clarify.
