by Rav Netanel Yosifun, Rosh Yeshivat Orot Netanya, yeshiva.org.il, translated by Hillel Fendel.
It was in the year 1538. Thousands of Jews from all over the world descend upon the holy city of Tzfat in the Galilee. Among them are very many expellees from Spain, former Anusim who were forced to convert to Christianity when they were young to escape the Inquisition. They were later somehow able to escape from Spain and return openly to their Judaism.
These repentant Jews, true baalei teshuvah, pine with all their hearts to atone for the many grave sins they committed in their early years. They turn to the Sages of the generation, asking for the way to true repentance. They even ask to receive lashes, as prescribed in the Torah for certain sins – for they know that those who are liable for the heavy punishment of karet (a form of cutting off from Israel and even the afterlife) can avoid it if they are flogged.
However, the Sages find themselves powerless to help them. Only a Beit Din (Torah court) of Sages who have received genuine ordination – i.e., from one who has been ordained by rabbis in an unbroken chain starting from Moshe Rabbeinu – are authorized to sentence and administer lashes. It is a matter of consensus that such a forum of Sages does not exist at that time.
There were some very great rabbis in Tzfat at the time, however, including the renowned Rav Yaakov Berav, as well as the author of the Shulchan Arukh, Rav Yosef Karo. They and others convened, and found a solution: the renewal of s'michah (genuine rabbinic ordination). How was it to work?
Rav Berav cited a ruling by Maimonides (the Rambam), whose words carried, and still carry today, tremendous weight in the world of Jewish Law. Maimonides wrote in the Laws of Sanhedrin (4,11):
"It appears to me that if all the Sages in the Land of Israel agree to appoint and ordain specific judges, these judges are thereby 'officially ordained,' authorized to levy fines and ordain others."
Rav Berav concluded that certainly the Rambam did not mean "all the Sages" literally. In addition, since at that time the Sages of Tzfat comprised the majority of Sages in Eretz Yisrael, they as a body – the vast majority of which agreed with Rav Berav – can agree to renew the ordination process.
The Sages of Tzfat then convened and decided to ordain Rav Yaakov Berav, writing in the ordination decree as follows:
"We have determined and chosen the greatest among us, the absolute Sage, our teacher and rabbi, Rabbi Yaakov Berav, to be ordained, to be called Head of the Yeshiva and Rabbi – and he will convene and ordain others of the wisest among us, and they will be ordained from now on and forever... And if a sinner receives lashes [based on these Sages' rulings] as mandated by the Torah … he will be exempt from karet…"
And thus Rav Berav became the first ordained rabbi, who later ordained the renowned Beit Yosef - Rav Yosef Karo - and other giants of the generation.
It turned out, though, that this ordination process did not last for many generations, mainly because of the dissenting opinions of great scholars such as the Radbaz and the Ralbach, and the fact that the scholars in other parts of the Land, mainly in Jerusalem, were not involved in the process.
The original ordination decree makes clear that the rabbis involved were mainly seeking a solution for the specific problem of the Anusim from Spain. But from the Rambam's ruling, on which the Tzfat rabbis mainly relied, we can see that what bothered the Rambam was the actual renewal of ordination in order that the Sanhedrin be renewed. As he explained in his commentary to the Mishna (Sanhedrin 1,3):
"If we do not say this [that genuine ordination can be effected in this manner], there will be no possibility of ever having a Great Beit Din, because each of its judges must be indubitably ordained, and G-d has already promised that the Sanhedrin will be renewed, in saying, 'I will restore your judges as at first' (Yeshayahu 1,26). And if perhaps you might say that the Messiah will appoint the judges even if they are not ordained, this is unsustainable, because as we explained in our introduction to these books, the Messiah will not add or detract from neither the Written nor the Oral Torah. And I am of the opinion that the Sanhedrin will be restored before the Messiah is revealed, and in fact this will be one of the signs of his arrival…"
That is, according to the Rambam, the renewal of ordination and the Sanhedrin is a vital stage in the Redemption process, and must happen before the arrival of the Messiah. The Anusim of Spain simply sought to atone for their sins, but ended up nearly meriting us an important milestone along the way to the coming of the Messiah.
This is actually a very profound statement, which also touches upon the events of recent generations. Sometimes, people set out to do something that is important for the moment, while behind the scenes hides G-d, the G-d of the history of the Nation of Israel, Who pushes the processes forward to bring Redemption to the world.
Something similar can be found in this week's Torah portion of Acharei Mot (Vayikra 16-18). The commentators discuss where exactly in the Tabernacle did Nadav and Avihu, sons of Aharon, bring the forbidden incense offering that lead to their deaths.
The Ibn Ezra notes the fact that the portion opens with a mention of their deaths and then immediately states that no one may enter the Holy of Holies, except the High Priest on Yom Kippur. He says that this proves that Nadav and Avihu brought the unauthorized incense fire all the way into the Holy of Holies.
Nachmanides, however, says that the brought the offering on the incense altar, in the outer part of the Sanctuary. He brings several proofs, but one of them is this: "How would it ever occur to them to enter the place that even their father did not enter? For Aharon brought the incense upon the inner altar [in the outer area], so why should they bring their incense even further in than his?"
Thus, Nachmanides holds that Nadav and Avihu brought their offering on the Incense Altar, and not in the Holy of Holies – where until that day, no one ever thought to enter. And only because of this incident did G-d in fact issue a command that the Holy of Holies should be entered precisely once each year, by the High Priest. Thus, because of the need to atone for the problem that had been created, we merited to ascend and progress to a level higher than what we had attained previously.
And in our own generations, as we have learned from the Gaon of Vilna (Kol HaTor 1,13), "In the generation of the Footsteps of Messiah, from every tribulation emerges a salvation; salvation comes from amidst the troubles, as is written: "It is a time of trouble for Yaakov, and from [within] it he will be saved" (Yirmiyahu 30,7) – from every tribulation will ultimately result a great salvation and uplifting even higher than before.
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