The Torah commands us to set up courts and a police force in every town (parashat Shoftim). There are, in fact, three levels of courts in the judicial system:
1. Regular courts of three judges for civil law - litigation and other monetary cases (dinei mamonot).
2. Higher courts of 23 judges to hear cases of capital crimes (dinei nefashot). These courts were called "Minor Sanhedrins".
3. A supreme court of 71 judges, called "the Great Sanhedrin". Located in the Temple complex in Jerusalem, this high court had two functions: (a) to clarify the law in new or unclear cases; and (b) to promulgate new decrees.
Acceptance to the bench of the Great Sanhedrin was certainly most prestigious. All judges are required to be wise, humble, love truth, hate bribes, and to be well-liked and respected. To become a member of the Supreme Court, however, one was expected to be among the greatest scholars of the generation. It required proficiency in many sciences, such as medicine and astronomy.
We would expect that membership in a Minor Sanhedrin would demand greater scholarship than that needed in the humble three-member courts. Surprisingly, the Talmud writes that civil law requires more wisdom than deciding cases of capital crimes in the Minor Sanhedrins: "A student who has twice accepted his teacher's rebuke in silence will merit to distinguish between civil law and laws of capital crimes. As Rabbi Yishmael taught: One who wishes to become wise should study civil law, for no other area of Torah study is as intricate; it is like a flowing river." (Berachot 63)
This Talmudic statement needs to be examined for a number of reasons: What is so difficult about distinguishing between these two areas of law? What sort of reward is this for the suffering student?
What does this distinction have to do with Rabbi Yishmael's praise of civil law? Why is civil law more complex than other Torah subjects?
For some students, their studies come easily and quickly. Other students must struggle in order to truly master the material. The student who perseveres in his studies, despite blunders in class, will be rewarded for his efforts. By merit of his diligence and determination, he will not only grasp the particulars of the laws, but will also gain insight into the underlying concepts. This insight is above and beyond the actual details, which are taught directly; it reflects a much deeper understanding of the subject matter.
Civil and capital crimes are both areas of law, yet they differ fundamentally in their objectives. The primary function of civil law is to resolve monetary disputes between individuals, and restore the money or property to its true owner. Only as a secondary goal is the current or future benefit to society as a whole taken into consideration. Capital offenses, on the other hand, are usually cases where there is nothing to be rectified or returned. Here the goal is primarily to protect the society.
As a result of this essential difference, monetary law is more complicated. Since we need to decide between the opposing rights of individuals in all of the myriad forms of interpersonal relations, this type of law inherently must deal with many more intricate details and complex issues. Study of civil law is therefore one of the most challenging areas of Torah study. To truly master it requires a profound understanding of the underlying issues - gained only by the most diligent and persevering students.
1. Regular courts of three judges for civil law - litigation and other monetary cases (dinei mamonot).
2. Higher courts of 23 judges to hear cases of capital crimes (dinei nefashot). These courts were called "Minor Sanhedrins".
3. A supreme court of 71 judges, called "the Great Sanhedrin". Located in the Temple complex in Jerusalem, this high court had two functions: (a) to clarify the law in new or unclear cases; and (b) to promulgate new decrees.
Acceptance to the bench of the Great Sanhedrin was certainly most prestigious. All judges are required to be wise, humble, love truth, hate bribes, and to be well-liked and respected. To become a member of the Supreme Court, however, one was expected to be among the greatest scholars of the generation. It required proficiency in many sciences, such as medicine and astronomy.
We would expect that membership in a Minor Sanhedrin would demand greater scholarship than that needed in the humble three-member courts. Surprisingly, the Talmud writes that civil law requires more wisdom than deciding cases of capital crimes in the Minor Sanhedrins: "A student who has twice accepted his teacher's rebuke in silence will merit to distinguish between civil law and laws of capital crimes. As Rabbi Yishmael taught: One who wishes to become wise should study civil law, for no other area of Torah study is as intricate; it is like a flowing river." (Berachot 63)
This Talmudic statement needs to be examined for a number of reasons: What is so difficult about distinguishing between these two areas of law? What sort of reward is this for the suffering student?
What does this distinction have to do with Rabbi Yishmael's praise of civil law? Why is civil law more complex than other Torah subjects?
For some students, their studies come easily and quickly. Other students must struggle in order to truly master the material. The student who perseveres in his studies, despite blunders in class, will be rewarded for his efforts. By merit of his diligence and determination, he will not only grasp the particulars of the laws, but will also gain insight into the underlying concepts. This insight is above and beyond the actual details, which are taught directly; it reflects a much deeper understanding of the subject matter.
Civil and capital crimes are both areas of law, yet they differ fundamentally in their objectives. The primary function of civil law is to resolve monetary disputes between individuals, and restore the money or property to its true owner. Only as a secondary goal is the current or future benefit to society as a whole taken into consideration. Capital offenses, on the other hand, are usually cases where there is nothing to be rectified or returned. Here the goal is primarily to protect the society.
As a result of this essential difference, monetary law is more complicated. Since we need to decide between the opposing rights of individuals in all of the myriad forms of interpersonal relations, this type of law inherently must deal with many more intricate details and complex issues. Study of civil law is therefore one of the most challenging areas of Torah study. To truly master it requires a profound understanding of the underlying issues - gained only by the most diligent and persevering students.