Pisqa’ 153⁶⁶

1. “And when you reach”(Dt. 17:9). Including the court at Yavneh⁶⁷ [as the successor of the Sanhedrin⁶⁸ 154.1.].

footnotes: ⁶⁶ H:190; JN2:19-20. ⁶⁷ Yavneh, a coastal town on the Mediterranean, was a major center of rabbinic learning in the latter decades of the first century and the first third of the second century CE. ⁶⁸ The Yavnean court was not equal in all respects to the ancient Sanhedrin that presided over the Chamber of Carved Stone. For example, it could not administer capital punishment (M. San.11:4). Cf. Pisqa’

“The levitical Priest” (Dt. 17:9)— it is a requirement that the court include Priests and Levites.

Is it possible to say that in the absence of a Priest or Levite, the court shall be disqualified? The Teaching states: “Or to the justice” (Dt. 17:9)— even though there is no Priest or Levite, the court is an appropriate legal venue.

2. “Who shall preside in those days” (Dt. 17:9).

Now, can you imagine that you would go to a justice who is not alive in those days? The point is, select a justice who is eminently qualified among his contemporaries. If he had been kin [to the litigants], but then severed the connection [e.g., through death], he is qualified [to sit in judgment of them]. And in this connection, He states: “Do not wonder why the old days were better than today, **for such a question does not proceed from wisdom” (Ecc. 7:10).**⁶⁹ 190.3.

footnotes: ⁶⁹ Cf. T. RH. 2:3 and Pisqa’

“And you shall inquire, and they shall declare to you the word of judgment” (Dt. 17:9)— in accord with every detail of legal procedure.