The Basis for Rabbinical Authority

The Aish Rabbi Replies

Thank you for raising these very important issues. In earlier times, the Jewish legal system was fairly structured and well-defined. There was a process of ordination which qualified rabbis to rule (usually as part of a court of law) in various significant or complex cases – such as capital and corporal cases and the issuance of fines. The notion of ordination derives from Moses himself, who ordained Joshua as his successor (Numbers 27:18-23). (The Hebrew term for ordination – semicha, which literally means a support – is taken from those verses which described how Moses leaned his hands (va’yismoch) on Joshua, symbolizing the transmission of his position to his successor.) Since that time, ordination was done from an ordained rabbi to his student, continuing the chain of transmission begun by Moses. This process continued until toward the end of the Talmud’s time (circa 400 C.E.), around 1700 years later, when it fell into disuse, likely due to Roman oppression. (Semicha must be granted in the Land of Israel (Talmud Sanhedrin 14a) – where the Jewish community declined terribly under the Romans, flourishing instead in Babylonia.)

There were also different types and levels of ordination, allowing a student to rule in different types of cases (see Talmud Sanhedrin 5a). (Several specialized areas of law exist such as determining the Jewish calendar and ruling if blemishes invalidate a firstborn animal from being a sacrifice.)

Judaism also provided a very well-structured judicial system. There were courts in every city, higher courts for each of the Twelve Tribes, and three leading courts in the Temple area of Jerusalem, two of 23 judges and the Sanhedrin of 71. If a lower court could not reach a majority decision, it would present the case to a higher court. Ultimately, the most difficult cases would be brought to the Sanhedrin which would render the definitive rulings on Jewish law for the nation. (There were also certain types of especially significant cases which could only be decided by the Sanhedrin – see Mishna Sanhedrin 1:5.) This way – while the Sanhedrin still functioned (till near the end of the Second Temple) – virtually no debates existed in Israel – as a fully-authoritative body gave final, universally-binding decisions on all matters of Jewish law. In fact, the Torah specifically mandated that the nation is obligated to abide by the rulings of the Sanhedrin: “According to the teaching that they will teach you and according to the judgment that they will say to you, shall you do; you shall not deviate from the word that they will tell you, right or left” (Deuteronomy 17:11; see vv. 8-13). (See also Mishna Hagigah 2:2 regarding what is believed to be the first unresolved dispute in the nation.)

The judicial system thus had a very clear hierarchical structure, with lower and higher courts. In addition, the ordering of the judges of each court was carefully arranged. The judges sat in a semicircle, with the leading judges in the center and the lower ones (in age and wisdom) on the side. Three rows of students also sat before the judges, and students and judges would progress as vacancies arose in the higher seats.

Based on all the above, in Temple times when Israel had a well-defined judiciary, there was a clear notion of rabbinical authority. The Sanhedrin’s authority was established by the Torah itself, and rabbinical ordination existed, passed down in an unbroken tradition from Moses himself. Today neither of these exists. (There was an effort in Safed in the mid-sixteenth century to reestablish semicha but it became controversial and died out shortly after.) However, an early authority, the author of Sefer HaChinuch (Mitzvah 495) writes that the obligation to follow the Sanhedrin applies in concept in every generation, even when the Sanhedrin of Jerusalem no longer exists – to abide by the rulings of the leading rabbis of each generation. Of course, how to determine who the lead sage of each generation is not without question, but in concept the notion does exist. As Sefer HaChinuch puts it, having such a central authority is the powerful pillar upon which the entire Torah depends.

Since there is no true ordination today, rabbis do not have true authority invested in them as in the past. However, modern institutions of learning generally have their own ordination programs to ensure their graduates qualify for rabbinic positions. There are no universal standards, and some schools are more rigorous than others, but in general semicha minimally ensures that a rabbi can rule in basic matters of kashrus (kosher food). In Israel today the Chief Rabbinate has a comprehensive and very advanced program for ordination, containing several different levels of ordination qualifying a scholar for different types of rabbinical positions. Some schools today also require coursework in related relevant areas such as counseling and public speaking. In my own alma mater, Ner Israel Rabbinical College, the biggest hurdle was being accepted into the semicha program in the first place – as the yeshiva was very particular that the rabbis they produce were people worthy of carrying such a title.

(It should be noted that traditionally a rabbi was not a preacher, counselor, educator, or public spokesman. His role was strictly in ruling in matters of Jewish law and overseeing local religious matters – such as the status of the mikvah, eiruv, kosher slaughter, marriage and divorce, etc. Often the rabbi would also teach local budding students who had advanced beyond cheder education.)

Apart from this, the Jewish people have always had great rabbis they have turned to for guidance. Since the days of true semicha, there has generally been no real process for determining who is a "great" rabbi. It for the most part has been a meritocracy - in which rabbis are recognized by their colleagues for their wisdom and erudition – as well as their exemplary conduct. Indeed, Jewish history is replete with examples of converts and people of the most humble origins who have risen to greatness and have become universally acknowledged as leaders of their generation.

Thus, to wrap up, although rabbis today do not have the authority that semicha once conferred and clearly some rabbis are greater than others, it would generally be rash of a person to reject rabbinical authority, thinking he knows better than his rabbi how to interpret the Torah. The Mishna advises, “Make for yourself a rabbi” (Pirkei Avos 1:6). A person should join a Jewish community with a worthy rabbi – one whom he relates well to. And having done so, he should accept his rabbi’s ruling and guidance for all matters great and small, enabling him to truly grow as a person.