The Semicha Controversy

Parshas Hashavua

Hakdama Meseches Sanhedrin

Part 1

קַח-לְךָ אֶת-יְהוֹשֻׁעַ בִּן-נוּן-- וְסָמַכְתָּ אֶת-יָדְךָ, עָלָיו במדבר כ"ז י"ח

       

The Semicha* Controversy 

In the early 16th century, the Rav & Rosh Yeshiva of Tzfat was

the מהר"י (יעקב) בירב 

R. Yakov Beirav escaped from the Spanish Inquisition to Morocco,

Algeria, Egypt and landed in Eretz Yisroel.

R. Yakov Beirav felt that the time of אתחלתא דגאולה has arrived.

According to the Rambam, The Bais Din Hagadol will be 

established before the arrival of the Moshiach.

Therefore R. Yakov Beirav reintroduced Semicha. 

Another reason why it was important to reintroduce

Semicha was because there were many Anusim who managed

to escape to Eretz Yisroel. Many who converted to 

Christianity were חייבי

​ ​

כריתות. 

**

According to R Channyah B Gamliel

in the Mishna (Makos 23a) 

חייבי

​ ​

כריתות

​ ​

who get מלקות are פטור

from כרת. Only a בית דין מוסמך can hand out מלקות and

remove the חיוב כרת

R. Yakov Beirav had 25 of his Talmidim appoint him as a Musmach.

This was based on the Rambam on the first Mishna in Sanhedrin

and also in the Yad, Hl Sanhedrin (4:11) 

" If all the Chachamim in Eretz Yisroel will agree to appoint

Dayanim and give them Semicha then they are Semuchim."

R. Yakov Beirav. held that since most of the Gedolim were living in Tzfat 

at that time, therefore, they are the ones who were qualified 

to give Semicha.

R. Yakov Beirav. gave Semicha to 4 of his Talmidim one of them was the Bais Yosef (R. Yosef Karo)

*Not to be confused with what is commonly known today as Semicha,

which is only in memory of the original Semicha but the true term

is Hatoros Horaha (permission to give a Psak) Whereas Semicha

allows the Bais Din to hand out קנסות& מלקות etc.

**  כריתות ב ע"א --מגדף - עובד ע"ז