Q&A: Why Judges Need Ordination
Why Judges Need Ordination
Question
A simple question. Ordained judges are useful for all sorts of things, including, among other things, a Sanhedrin with formal authority. Why is this ordination so important? In your estimation, if ordination had continued, would we by now have arrived at a Torah quite significantly different? (My guess would be that everything would be the same except for a seal of approval on the turban of all the medieval authorities and later authorities.) And if it would not be all that different, then what is the point of giving ordination such significant power? By the way, if ordination is mainly a protective mechanism against foxes invading the vineyard of the Sanhedrin, then it seems a bit extreme to seal off the entrance to the vineyard completely.
Answer
I assume the Torah would be significantly different, since there would have been a response to changing reality. That of course depends on whether the Sanhedrin would also have had authority or only ordination, because part of the halakhic rigidity stems from the absence of authority, and therefore also of responsibility, on the part of halakhic decisors.
Defining it as a protective mechanism somewhat understates the matter. It is like saying that the requirement that judges be experts is meant to prevent non-expert judges from getting in. That is of course true, but it does not really capture the situation. You need experts because that is what is required in order to judge. Expertise is the mechanism that ensures expertise, and as is the way of Jewish law, the means become ends and can even become obstructive when there is no logic in it.
And finally, of course the way into the vineyard is not really blocked. Legal fictions like “they act as their agents” and the like provide us with workarounds. And if we did not have wicked secular people pulling our chestnuts out of the fire for us, they would adjudicate all the laws that need to be adjudicated under the rule of “they act as their agents,” and that’s that.