לזכות ידי"נ הרה"ג ר' ישראל אפפעל וכל בני ביתו היקרים
לזכות נעמי בת טובה
נועם בן לאה
It says in the Rambam [Sanhedrin 4/10] that we may only give Semicha in E.Y. [Eretz Yisrael] and all of E.Y. that was captured when we left Egypt [עולי מצרים] is considered E.Y. The "Double Money" [Kesef Mishna] writes that the Rambam derives this from the gemara [Sanhedrin 5a] that says that having רשות to judge in E.Y. includes the border cities. If it includes the border cities then it certainly includes those areas that were captured by the עולי מצרים even though the עולי בבל did not capture them.
The Minchas Chinuch [491] proverbially scratches his head. What has one got to do with another? The question of judging with רשות in E.Y. depends on how far the rulership of the Jews in E.Y. extends. If granted permission, one may judge until the border of where we rule. But the question of Semicha has nothing to do with how far our governance extends but rather whether it is considered halachically part of E.Y. or not. So how does the Rambam know that if the area was captured only by עולי מצרים but not by עולי בבל it is considered part of E.Y. as far as Semicha is concerned?
Big kashya!!
The "Happy Light" [known colloquially as the אור שמח] says that just as we follow the borders of עולי מצרים with respect to the law of חטאת קהל - bringing a korban when the majority of Jews [רוב קהל] in E.Y. sinned when they erringly followed the Beis Din [as the Yerushalmi says], so too with regard to Semicha we follow the borders of the E.Y. that were captured by עולי מצרים.
But, as they say in the Yeshivos, SOIF KOIL SOIF, what does the קרבן חטאת have to do with the law of Semicha?? Or - מה ענין שמיטה אצל הר סיני??!!
Ahhhhh!! Says Rav Mann ztz"l - It would appear that the law of Semicha applies specifically in E.Y. because Semicha is the power of the Torah to govern in a place where the governance of Torah fully applies and everybody and their Aunt Bertha knows the Medrash that the Torah was meant to be kept only in E.Y. while outside the Land mitzvos are only practice for the future when we arrive home [עי' רמב"ן ואתחנן ד' ה' ואחרי מות י"ח כ"ה]. So it makes sense that Semicha which is about the power and rule of the Torah should only take place in the place where Torah was meant to be kept, namely in E.Y.!! That is also why רוב קהל depends on the population in E.Y., because that is where we were meant to keep the Torah [the Avnei Nezer explains differently - because there is no צבור outside of E.Y. only in E.Y. ואכמ"ל]. So the tzushetel ["comparison" in Swahili] the "Happy Light" makes between the חטאת של רוב קהל and Semicha is dancing - both depend on the place where we were meant to keep mitzvos!
Adds Rav Mann - We now have a new light on the Rambam [Sanhedrin 1/2]:
"We are obligated to appoint courts in every region and in every city only in Eretz Yisrael. In the diaspora, by contrast, we are not obligated to appoint courts in every region. This is derived from the continuation of the above verse: "Appoint...in all your gates which God your Lord is giving you for your tribes.""
The Ramban [at the beginning of Parshas Shoftim] understnds the Rambam to be saying that there is no obligation at all to appoint courts in the diaspora. Why not? Based on the forgoing - Since the diaspora is not the place to keep the Torah, there is no special mitzva to establish courts [unless they are practically needed]. Only in E.Y. must we appoint courts because there is the place where the Torah must be kept. And even according to those who understand the Rambam to be saying that even in the diaspora we must appoint courts just not in every region like in E.Y. - that is because Jews in the diaspora are no less the בני נח who are also commanded to establish a court system [as the Gevuras Ari says in Makkos 7a]. But the special mizva to establish courts in the place where Torah is the ruling authority is E.Y.
GESHHHHMAAAKKKK!!!!
And now we can understand the Kesef Mishna who said that the source of the Rambam's ruling that Semicha may be given in all areas captured by עולי מצרים is from the gemara [Sanhedrin 5a] that says that having רשות to judge in E.Y. includes the border cities. If it includes the border cities then it certainly includes those areas that were captured by the עולי מצרים even though the עולי בבל did not capture them. The M.C. [not "Master Of Ceremonies" but "Minchas Chinuch"] asked what one has to do with the other?
The answer is that the Nasi can give רשות to judge as a מחוקק - meaning wherever Torah law applies [as opposed to the Resh Galusa whose rulership is inherent to his position - he is a שבט - and not a Torah position]. If we see that as far as keeping the Torah the border cities are considered E.Y. [which is why the רשות of the Nasi is effective there], then SOITAINLY ["בודאי"] areas captured by עולי מצרים are under the jurisdiction of E.Y. and Torah law.
והדברים שמחים!!!
I hope bs"D that in our next installment we finally explain the enigmatic מלכות of Yehoshua.
STAY TUNED!!!
