TheSanhedrin (Hebrew andMiddle Aramaicסַנְהֶדְרִין, aloanword fromKoinē Greek:Συνέδριον,romanized: synedrion,[1] 'assembly,' 'sitting together,' hence 'assembly' or 'council') was a Jewish legislative and judicial assembly of either 23 or 70 elders, existing at both a local and central level in the ancientLand of Israel.
There were two classes ofRabbinite courts called sanhedrins: Greater and Lesser. A lesser Sanhedrin of 23 judges was appointed to sit as a tribunal in each city. There was only one Great Sanhedrin of 70 judges, which, among other roles, acted as asupreme court, taking appeals from cases that lesser courts decided. In general usage,the Sanhedrin without qualifier usually refers to the Great Sanhedrin, which was presided over by theNasi, who functioned as its head or representing president, and was a member of the court; theAv Beit Din or the chief of the court, who was second to the Nasi and 69 general members.
After the destruction of theSecond Temple and the failure of theBar Kokhba revolt, the Great Sanhedrin moved to Galilee, which became part of the Roman province ofSyria Palaestina. In this period, the Sanhedrin was sometimes called theGalilean Patriarchate orPatriarchate of Palaestina, the governing legal body of Galilean Jewry. In the late 200s CE, to avoid persecution, the nameSanhedrin was dropped and its decisions were issued under the name ofBeit HaMidrash (house of learning). The last universally binding decision of the Great Sanhedrin appeared in 358 when theHebrew calendar was established. The Great Sanhedrin was finally disbanded in 425.
In theHebrew Bible,Moses and the Israelites were commanded by God to establish courts of judges.[2] They were also commanded to establish a "supreme court" located at the central sanctuary (after arriving in theLand of Israel), to handle cases too difficult for local courts.[3]
When Moses declared that the task of leading the people was too difficult for him, God had him appoint 70 elders (zekenim) to share the burden of leadership with him.[4] According to theMishnah, these 70 elders plus Moses himself are the source for the 71 judges of the "Great Sanhedrin".[5] These elders are described as "the elders of the people and its officers",[6] according to amidrash, they were the same officers who were beaten in Egyptian slavery for failing to meet Pharaoh's quota of bricks, and after the Exodus were rewarded with membership on the first Sanhedrin.[7]
The 23 judges of the "Lesser Sanhedrin" are derived from the followingexegesis: it must be possible for a "community" to vote for both conviction and exoneration (Numbers35:24–5). The minimum size of a "community" is 10 men,[8] thus 10 vs 10. One more is required to achieve a majority (11 vs. 10), but a simple majority cannot convict (Exodus23:2), and so an additional judge is required (12 vs. 10). Finally, a court should have an odd number of judges to prevent deadlocks; thus 23 rather than 22.[5]
The first historic mention of aSynedrion (Greek:Συνέδριον) occurs in thePsalms of Solomon (17:49), a Jewish religious book translated into Greek.
The Hasmonean court inJudea, presided over byAlexander Jannaeus, until 76 BCE, followed by his wife, QueenSalome Alexandra, was calledSynhedrion orSanhedrin.[9] The exact nature of this early Sanhedrin is not clear. It may have been a body of sages or priests, or a political, legislative and judicial institution. The first historical record of the body was during the administration ofAulus Gabinius, who, according to Josephus, organized fivesynedra in 57 BCE as Roman administration was not concerned with religious affairs unless sedition was suspected.[10] Only after the destruction of the Second Temple was the Sanhedrin made up only of sages.[9]
Josephus describes asynhedrion for the first time in connection with the decree of the Roman governor of Syria,Aulus Gabinius (57 BCE), who abolished the constitution and the then existing form of government of Judea and divided the country into five provinces, at the head of each of which asynhedrion was placed; Jerusalem was the seat of one of these.[11] Later, Josephus describesHerod (at the time governor of Galilee) as being summoned before thesynhedrion, led by High PriestHyrcanus II, due to having executed alleged criminals without permission from thesynhedrion.[12] Eventually, though, Herod would go on to kill many members of thissynhedrion.[13]
TheMishnah describes the Sanhedrin in this period further. The Great Sanhedrin met in theHall of Hewn Stones in the Temple inJerusalem. It convened every day exceptfestivals andShabbat. Its members includedpriests,Levites, and ordinary Jews whose families had a pure lineage such that their daughters were allowed to marry priests.[14]
ASynhedrion is mentioned 22 times in the GreekNew Testament, including in the Gospels in relation to thetrial of Jesus, and in theActs of the Apostles, which mentions a "GreatSynhedrion" in chapter 5 where rabbiGamaliel appeared, and also in chapter 7 in relation to the stoning death ofSaint Stephen. This body is described as a court led by the High Priest or leading priests, as well as the "elders" and/orPharisees.[15]
After the destruction of the Second Temple in 70 CE, the Sanhedrin was re-established inYavneh, with reduced authority, by agreement betweenYochanan ben Zakai and Roman EmperorVespasian. Vespasian agreed in part due to the perception that thePharisees had not participated in thefirst revolt to the extent that other groups had. Thus the Sanhedrin in Yavneh was comprised almost exclusively ofpharisaic scholars. The imperial Roman government recognized the Sanhedrin. They regarded thehead of the Sanhedrin as their own paid government official with the status of aprefect. Roman legislation severely reduced the scope of its authority, but confirmed the body's ultimate authority in religious matters. In an attempt to quash revolutionary elements, Rome in effect declared one form of Judaism to be the only recognized form of religion. This led to persecution of sectarian groups, and attempts by these groups to find fault with the Sanhedrin before the Roman government.[citation needed]
The seat of the Patriarchate moved toUsha under the presidency ofGamaliel II in 80 CE. In 116 it moved back to Yavneh, and then again back to Usha.[citation needed]
The Great Sanhedrin moved in 140 toShefaram under the presidency ofShimon ben Gamliel II, and subsequently toBeit She'arim and later toSepphoris, under the presidency ofJudah ha-Nasi (165–220). Finally, it moved toTiberias in 220, under the presidency ofGamaliel III (220–230), a son of Judah ha-Nasi, where it became more of a consistory, but still retained, under the presidency ofJudah II (230–270), the power of excommunication.
During the presidency ofGamaliel IV (270–290), due to Roman persecution, it dropped the name Sanhedrin; and its authoritative decisions were subsequently issued under the name ofBeth HaMidrash.[citation needed]
In the year 363, the emperorJulian (r. 355–363 CE), an apostate from Christianity, ordered the Temple rebuilt.[17] The project's failure has been ascribed to theGalilee earthquake of 363, and to theJews' ambivalence about the project. Sabotage is a possibility, as is an accidental fire. Divine intervention was the common view among Christian historians of the time.[18] As a reaction against Julian's pro-Jewish stance, the later emperorTheodosius I (r. 379–395 CE) forbade the Sanhedrin to assemble and declaredordination illegal. Capital punishment was prescribed for any Rabbi who received ordination, as well as complete destruction of the town where the ordination occurred.[19]
However, since theHebrew calendar was based on witnesses' testimony, which had become far too dangerous to collect, rabbiHillel II recommended change to a mathematically based calendar that was adopted at a clandestine, and maybe final, meeting in 358 CE. This marked the last universal decision made by the Great Sanhedrin.
Gamaliel VI (400–425) was the Sanhedrin's last president. With his death in 425,Theodosius II outlawed the title ofNasi, the last remains of the ancient Sanhedrin. An imperial decree of 426 diverted the patriarchs' tax (post excessum patriarchorum) into the imperial treasury.[19] The exact reason for the abrogation of the patriarchate is not clear,[20] though Gamaliel VI, the last holder of the office who had been for a time elevated by the emperor to the rank ofprefect,[21] may have fallen out with the imperial authorities.[20] Thereafter, Jews were gradually excluded from holding public office.[22] A law dated to 429, however, refers to the existence of a Sanhedrin in each of the Eastern Roman provinces ofPalestine.[23]
The Talmud tractateSanhedrin identifies two classes of rabbinical courts called Sanhedrin, a Great Sanhedrin (בית דין הגדול) and a Lesser Sanhedrin (בית דין הקטן). Each city could have its own lesser Sanhedrin of 23 judges, but there could be only one greater Sanhedrin of 71, which among other roles acted as the Supreme Court, taking appeals from cases decided by lesser courts. The uneven numbers of judges were predicated on eliminating the possibility of a tie, and the last to cast his vote was the head of the court.
The Sanhedrin as a body claimed powers that lesser Jewish courts did not have. As such, they were the only ones who could try the king, extend the boundaries of the Temple and Jerusalem, and were the ones to whom all questions of law were finally put. Moreover, the lesser Sanhedrin of 23 judges was the only juridical body in Israel having the statutory and constitutional authority and power to render a verdict ofcapital punishment to would-be offenders,[24] and the greater Sanhedrin of 71 judges was solely authorized to send forth the people to abattle waged of free choice.[25]
Before 191 BCE theHigh Priest acted as theex officio head of the Sanhedrin,[26] but in 191 BCE, when the Sanhedrin lost confidence in the High Priest, the office ofNasi was created. After the time ofHillel the Elder (late 1st century BCE and early 1st century CE), the Nasi was almost invariably a descendant of Hillel. The second highest-ranking member of the Sanhedrin was called theAv Beit Din, or 'Head of the Court' (literally,Av Beit Din means 'father of the house of judgment'), who presided over the Sanhedrin when it sat as a criminal court.[27]
During the Second Temple period, the Sanhedrin met in a building known as theHall of Hewn Stones (Lishkat ha-Gazit), which has been placed by the Talmud and many scholars as built into the northern wall of theTemple Mount, half inside the sanctuary and half outside, with doors providing access variously to the Temple and to the outside. The name presumably arises to distinguish it from the buildings in the Temple complex used for ritual purposes, which could not be constructed of stones hewn by anyiron implement.
In some cases, it was necessary only for a 23-member panel (functioning as a Lesser Sanhedrin) to convene. In general, the full panel of 71 judges was convened only on matters of national significance (e.g., a declaration of war) or when the 23-member panel failed to reach a conclusive verdict.[28]
By the end of the Second Temple period, the Sanhedrin reached its pinnacle of importance, legislating all aspects of Jewish religious and political life within parameters laid down by Biblical and Rabbinic tradition.
The following is a summary of the powers and responsibilities of the Patriarchate from the onset of the third century, based on rabbinic sources as understood by L.I. Levine:[29]
Appointment of judges to Jewish courts in the Land of Israel;
Regulation of the calendar;
Issuing enactments and decrees with respect to the applicability or release from legal requirements, e.g.:
Use ofsabbatical year produce and applicability of sabbatical year injunctions;
Repurchase or redemption of formerly Jewish land from gentile owners;
Status of Hellenistic cities of the Land of Israel re: purity, tithing, sabbatical year;
Exemptions from tithing;
Conditions in divorce documents;
Use of oil produced by gentiles;
Dispatching emissaries to diaspora communities;
Taxation: both the power to tax and the authority to rule/intervene on the disposition of taxes raised for local purposes by local councils.
Up to the middle of the fourth century, the Patriarchate retained the prerogative of determining theHebrew calendar and guarded the intricacies of the needed calculations, in an effort to constrain interference by the Babylonian community. Christian persecution obligedHillel II to fix the calendar in permanent form in 359 CE.[21][30] This institution symbolized the passing of authority from the Patriarchate to theBabylonian Talmudic academies.[31]
In 2004, excavations in Tiberias conducted by theIsrael Antiquities Authority uncovered a structure dating to the 3rd century CE that may have been the seat of the Sanhedrin when it convened in that city. At the time it was calledBeit Hava'ad.[32]
Before 191 BCE theHigh Priest acted as theex officio head of the Sanhedrin,[26] but in 191 BCE, when the Sanhedrin lost confidence in the High Priest, the chair passed to the new office of theNasi. The Sanhedrin was headed by the chief scholars of the greatTalmudic Academies in the Land of Israel, and with the decline of the Sanhedrin, their spiritual and legal authority was generally accepted, the institution itself being supported by voluntary contributions by Jews throughout the ancient world.
Being a member of the house ofHillel and thus a descendant ofKing David, theNasi (prince), who was the chairman of the assembly, enjoyed almost royal authority. His functions were political rather than religious, though the office’s influence was not limited to the secular realm.[21] The Patriarchate attained its zenith underJudah ha-Nasi, who compiled theMishnah.[21]
Medallion struck in honor of the "Grand Sanhedrin" convened by Emperor Napoleon I of France. In the collection of theJewish Museum of Switzerland.
The "Grand Sanhedrin" was a Jewish high court convened byNapoleon I to give legal sanction to the principles expressed by theAssembly of Notables in answer to the twelve questions submitted to it by the government. It did not follow the halakhic procedures of the traditional Sanhedrin.
On 6 October 1806, the Assembly of Notables issued a proclamation to all the Jewish communities of Europe, inviting them to send delegates to the Sanhedrin, to convene on 20 October. This proclamation, written in Hebrew, French, German, and Italian, speaks in extravagant terms of the importance of this revived institution and of the greatness of its imperial protector. While the action of Napoleon aroused in many Jews of Germany the hope that, influenced by it, their governments also would grant them the rights of citizenship, others looked upon it as a political contrivance. When in the war against Prussia (1806–07) the emperor invaded Poland and the Jews rendered great services to his army, he remarked, laughing, "The sanhedrin is at least useful to me."[33] David Friedländer and his friends in Berlin described it as a spectacle that Napoleon offered to theParisians.
Since the dissolution of the Sanhedrin in or around 358 CE, there have been several attempts to re-establish it.
There are records of what may have been attempts to reform the Sanhedrin in Arabia,[34] in Jerusalem under the CaliphUmar,[34] and in Babylon (Iraq),[35] but none of these attempts were given attention by later rabbinic authorities and little information is available about them.
Maimonides (1135–1204) proposed a rationalist solution for achieving the goal of re-establishingsemikhah and the Sanhedrin.[36][37] There have been several attempts to implement Maimonides' recommendations by RabbiJacob Berab in 1538, RabbiYisroel Shklover in 1830, Rabbi Aharon Mendel haCohen in 1901, Rabbi Zvi Kovsker in 1940, RabbiYehuda Leib Maimon in 1949, anda group of Israeli rabbis in 2004.
^Grabbe, Lester L. "Sanhedrin, Sanhedriyyot, or Mere Invention?" Journal for the Study of Judaism in the Persian, Hellenistic, and Roman Period 39, no. 1 (2008): 1–19.http://www.jstor.org/stable/24670033.
Cohen, S.J.D.,"Patriarchs and Scholarchs," PAAJR 48 (1981), 57–85.
Goodman, M.,"The Roman State and the Jewish Patriarch in the Third Century," in L.I. Levnie (ed.),The Galilee in late Antiquity (New York, 1992), 127.39.
Habas (Rubin), E.,"Rabban Gamaliel of Yavneh and his Sons: The Patriarchate before and after the Bar Kokhva Revolt," JJS 50 (1999), 21–37.