Sanhedrin - Early Sanhedrin - Function and Procedures

Function and Procedures

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. Before 191 BC the High Priest acted as the ex officio head of the Sanhedrin, but in 191 BC, when the Sanhedrin lost confidence in the High Priest, the office of Nasi was created. After the time of Hillel the Elder (late 1st century BC and early 1st century AD), the Nasi was almost invariably a descendant of Hillel. The second highest-ranking member of the Sanhedrin was called the Av Beit Din, or "Head of the Court" (literally, Av Beit Din = "father of the house of judgment"), who presided over the Sanhedrin when it sat as a criminal court.

The Sanhedrin met in a building known as the Hall of Hewn Stones (Lishkat Ha-Gazith), which has been placed by the Talmud and many scholars as built into the north wall of the Temple Mount, half inside the sanctuary and half outside, with doors providing access both 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 had to be constructed of stones unhewn by any iron implements.

In some cases, it was only necessary for a 23-member panel (functioning as a Lesser Sanhedrin) to convene. In general, the full panel of 71 judges was only convened on matters of national significance (e.g., a declaration of war) or in the event that the 23-member panel could not reach a conclusive verdict.

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 the parameters laid down by Biblical and Rabbinic tradition.

After the destruction of the Second Temple in 70, the Sanhedrin was re-established in Yavneh with reduced authority. The imperial Roman government and legislation recognized it as the Palestinian Patriarchate, the ultimate authority in Jewish religious matters. The seat of the Patriarchate moved to Usha under the presidency of Gamaliel II in 80 CE. In 116 it moved back to Yavneh, and then again back to Usha. It moved in 140 to Shefaram under the presidency of Shimon ben Gamliel II, and to Beit Shearim and Sephoris in 163, under the presidency of Judah I. Finally, it moved to Tiberias in 193, under the presidency of Gamaliel III (193–230) ben Judah haNasi, where it became more of a consistory, but still retained, under the presidency of Judah II (230–270), the power of excommunication.

During the presidency of Gamaliel IV (270–290), due to Roman persecution, it dropped the name Sanhedrin; and its authoritative decisions were subsequently issued under the name of Beth HaMidrash.

In 363, emperor Julian ordered the Temple rebuilt. A personal friend of his, Ammianus Marcellinus, wrote this about the effort:

Julian thought to rebuild at an extravagant expense the proud Temple once at Jerusalem, and committed this task to Alypius of Antioch. Alypius set vigorously to work, and was seconded by the governor of the province; when fearful balls of fire, breaking out near the foundations, continued their attacks, till the workmen, after repeated scorchings, could approach no more: and he gave up the attempt.

—

The failure to rebuild the Temple has been ascribed to the Galilee earthquake of 363, and to the Jews' 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. Julian's support of Jews, coming after the hostility of many earlier Emperors, meant that Jews called him Julian the Hellene.

As a reaction to Julian's pro-Jewish stance, Theodosius I forbade the Sanhedrin to assemble and declared ordination illegal. Capital punishment was prescribed for any Rabbi who received ordination and complete destruction of the town where the ordination occurred.

However, since the Hebrew calendar was based on witnesses' testimony, that had become far too dangerous to collect, Hillel II recommended change to a mathematically based calendar that was adopted at a clandestine, and maybe final, meeting in 358. This marked the last universal decision made by that body.

Gamaliel VI (400–425) was the Sanhedrin's last president. With his death in 425, executed by Theodosius II for erecting new synagogues contrary to the imperial decree, the title Nasi, the last remains of the ancient Sanhedrin, became illegal. An imperial decree of 426 diverted the patriarchs' tax (post excessum patriarchorum) into the imperial treasury