Semicha – Rabbinic Ordination
History
The term semicha, as it is used today, refers to a diploma which certifies the recipient's proficiency in halacha and authorizes him to serve as a rabbi.[1] Semicha in the classical sense, however, refers to the original teacher-to-student rabbinic ordination which began with Moshe Rabbeinu. The Torah tells us that Moshe ordained Yehoshua as his successor by performing semicha (lit. "laying of the hands") upon him.[2] Moshe also ordained the seventy elders of Israel, who in turn ordained additional students.[3] This chain of semicha continued right through to the Roman Empire, at which time the authorities made a decree forbidding the continuation of this sacred tradition, and as a result, the original semicha was lost.[4] There have been a number of attempts throughout history to revive and reinstate the original semicha, but these efforts have ultimately been unsuccessful.[5]
The Popularity of Semicha Today
The popularity and interest in pursuing semicha studies has surged in recent years and there is even a widespread practice for men to make an effort to receive semicha prior to marriage. This is true even if one has no intention of serving as a rabbi in any professional capacity. This is because the material studied in the course of rabbinical ordination includes many practical halachic issues which arise frequently in a Jewish home, especially in the kitchen. In fact, we are told that one should endeavor to become proficient enough in all areas of halacha such that one will not need to contact a rabbi for halachic queries.[6]
It may have been the late Lubavitcher Rebbe who revitalized the practice of students studying for rabbinical ordination on such an extensive scale.[7] Rabbi Joseph Ber Soloveitchik was no less a pioneer in organizing and preparing students for rabbinical ordination. However, in most cases he did so with the intention that the graduates would enter the rabbinate in some professional capacity. The Rebbe encouraged it primarily for the advantages of being proficient in practical halacha but also for professional purposes. It is worthwhile to try and receive semicha from three rabbis, if possible.[8] One should hold a celebration in honor of receiving semicha, complete with a festive meal and the singing of appropriate songs.[9]
The Semicha Candidate
Before a yeshiva or other semicha-granting institution admits a student into its semicha program, it is necessary for them to ensure that the candidate has already achieved a high level of scholarship. This is especially important because semicha programs generally do not concentrate on the details of routine halachic matters, as it is assumed that a semicha candidate is already fluent in such matters.
While the completion of a semicha program and receiving the title "rabbi" is certainly grounds for both recognition and honor, it does not in any way confirm that the newly-ordained individual is proficient in all areas of Torah law. The granting of semicha merely testifies that the recipient has studied and amassed knowledge in very specific areas of halacha. It does not imply that the graduate is especially knowledgeable in areas of halacha which were not part of his semicha studies. It does, however, imply that the ordained individual has been found competent to make decisions in other areas of halacha after carefully reviewing all the relevant texts.[10]
A rabbi who issues halachic rulings in areas of halacha in which he is not especially fluent is called "and evil and arrogant person".[11] Semicha is not required for one who simply wishes to teach Torah or to guide others in basic halachic matters which most people are well versed in anyway.[12]
Curriculum & Varieties of Semicha
The primary text which is traditionally studied in preparation for semicha is the Yoreh Deah section of the Tur and Shulchan Aruch, along with the major commentaries. While semicha studies in the past have often focused exclusively on the study of the laws of kashrut, it has become quite common to only issue semicha after testing students in the laws of Shabbat, Nidda, and a variety of other areas, as well. Each institution is entitled to add to its semicha curriculum according to the standards it deems fit. The semicha received after such study is generally referred to as the "Yoreh Yoreh" semicha, which allows the bearer to issue rulings in ritual law. It is also occasionally referred to as "Issur V'heter" or "Heter Hora'ah".[13] Until the 10th century or so the designations "ktav manui" and "shtar masmich" were used as well.[14]
There exists another, higher form of semicha as well, known as the "Yadin Yadin" semicha, which confers upon the recipient the authority to adjudicate cases of civil and monetary law. The order of study for receiving Yadin Yadin ordination generally includes most of the Choshen Mishpat section of Shulchan Aruch that deals with civil and monetary matters. Most institutions that offer Yadin Yadin semicha also require students to complete significant portions of the Even Ha'ezer section of Shulchan Aruch that deals with marital law, as well. One who holds Yadin Yadin semicha and serves on a Beit Din is often referred to by the title "Dayan" (judge) though most such individuals simply continue using the title "rabbi".
In the time of the Beit Hamikdash there existed an even higher form of semicha known as the "Yatir Bechorot Yatir" semicha, which conferred upon the recipient the authority to determine matters relating to animal sacrifices. This included authorizing or disqualifying animals for ritual and sacrificial purposes based on the animal's physical health or any blemishes that the animal might have. In many instances, a blemished animal was unfit to be offered in the Beit Hamikdash or to be used for other ritual matters. In addition to the halachic expertise that the recipient was required to have regarding Temple and sacrificial proceedings, he also underwent extensive veterinary training. This semicha will return when the Beit Hamikdash is rebuilt, may it be speedily in our days. The designations of "Yoreh Yoreh", "Yadin Yadin", and "Yatir Bechorot Yatir" are taken directly from the Talmud.[15]
There is a somewhat new form of semicha in circulation today known as the "Rav U'manhig" semicha, which although functional, is also somewhat honorary in nature. It does not necessarily certify the recipient's knowledge or competency in halacha, but rather testifies that the recipient is worthy to be called "rabbi" and to serve in a position of leadership. In some yeshivot there is a formal curriculum which must be completed before receiving this semicha, usually comprising of extensive sections of the Orach Chaim section of Shulchan Aruch. Some rabbis will issue the "Rav U'manhig" semicha to students who are simply well-rounded and have an impressive grasp of general Jewish scholarship rendering them worthy of the title "rabbi". Indeed, it is important to recall that "rabbi" essentially means "teacher", and not necessarily "halachic authority".
It is somewhat unclear how or why the Rav U'manhig semicha evolved. Rabbi Beryl Wein tells me that the Rav U'manhig semicha began in the early twentieth century for those wishing to enter Jewish communal work, though not necessarily as pulpit rabbis. In this way, those in teaching and similar positions could legitimately be addressed with the title "rabbi" without having to go through the intensity of formal semicha studies. It was also widely used during the Korean and Vietnam Wars as a means for yeshiva students to evade the draft under the "clergy" clause. Some have accredited the Ner Yisrael Yeshiva in Baltimore for the popularization and proliferation of the Rav U'manhig semicha.
There is a humorous anecdote told regarding semicha studies and the late Rabbi Shmuel Birnbaum. Rabbi Birnbaum once had a semicha student who was known to take shortcuts while studying towards his semicha. As a result of this, instead of issuing the student the "Yoreh Yoreh" semicha he had been expecting, Rabbi Birnbaum issued him a "Rav U'manhig" semicha, instead. Similarly, it is said that Rabbi Moshe Feinstein would give his phone number to every student to whom he issued semicha, as a manner of politely conveying to him that a person's halachic authority is severely limited even after receiving semicha.
It is noted that in past generations there were very few individuals who had semicha, let alone were practicing rabbis, while today everyone seems to have semicha. It is explained that this is because in the past a person was required to know much of the Talmud, and virtually the entire Tur and Shulchan Aruch before one could receive semicha. Today, however, the semicha curriculum has been significantly reduced and is essentially limited to but one component of the Yoreh Deah section, as mentioned above. For better or for worse, this has made semicha much more accessible than it ever was.[16] In fact, there are even on-line, correspondence, and take-home semicha tests, all of which have been endorsed by various eminent authorities.
Age Restrictions
No one should receive semicha or serve as a rabbi until he is at least thirteen years old.[17] According to most authorities, one should not serve as a rabbi, judge, or halachic authority until one is at least eighteen years old.[18] Similarly, common custom is not to allow a person to serve as a shochet until he is at least eighteen years old, as well.[19] This is because it is assumed that before a person reaches the age of eighteen he has not properly matured as needed for positions of authority. In fact, there have been rabbis in the past who would only issue semicha to those over forty for the same reason.[20]
Indeed, the Talmud itself teaches that forty is the minimum age for issuing halachic rulings,[21] though the halacha is not in accordance with this view.[22] Nevertheless, one who is under forty years old should not issue halachic rulings in a community where there are greater scholars who are over the age of forty.[23] Of course, if the greatest scholar in the area happens to be an individual who is under forty years old he is permitted to serve as the local rabbinic authority and issue halachic rulings.[24] There is a documented case of a six year old issuing halachic rulings.[25]
In Lithuania, it was common for semicha to only be given to those who were over thirty years old and who had been married for quite some time.[26] In some communities, the local rabbis would issue semicha to qualified individuals on their wedding day.[27] Similarly, whenever the Chatam Sofer would issue semicha to an individual who was single he would stipulate that the semicha is only to take effect once the individual is married.[28]Rabbi Akiva Eiger is said to have acted likewise.[29]
Scope of Authority
Even one who has semicha and is known to be knowledgeable in halacha is not permitted to rule on matters relating to divorce until he receives an additional semicha which specifically authorizes him to do so. One who has such authorization is traditionally referred to with the title "moreinu"[30] though this has essentially fallen into disuse. Similarly, only one who is known to be well versed in the laws of kiddushin, marriage, should ever officiate at a wedding.[31] The wording of a semicha should clearly state which areas of halacha the recipient studied and has been found to be proficient.[32] In fact, a person should have a separate semicha for each major area of halacha in which he is an expert.[33]
One should never issue a halachic ruling before first looking up the matter in a sefer, unless it is something quite obvious or simple.[34] One should also never issue rulings that will be perceived as extreme or radical to the public unless there is ample justification for doing so.[35] So too, a rabbi should not necessarily allow something even though it might be technically permitted. In fact, in many situations a stricter ruling is often more appropriate than a lenient one.[36] The rulings of a rabbi who demands payment for deciding halacha are null and void[37] and all such monies must be returned.[38] A rabbi must always make himself available to others for halachic guidance and consultation[39] and must never decline a rabbinic assignment because he feels it is beneath his dignity.[40]
As a general rule, a rabbi is permitted to rule for himself in matters of ritual law, as there is no reason to assume that he will sway his decision for his own benefit.[41]However, a rabbi should not rule leniently for himself on a matter that other rabbis have recently ruled stringently upon.[42] A father is permitted to issue semicha to his son.[43] A visiting rabbi may not issue halachic rulings or officiate at lifecycle events unless he first obtains permission from the community rabbi to do so.[44]
Although most congregational rabbis today have a formal semicha, and it is essentially required that they do,[45] this was not always the case. This is because semicha is not necessarily a prerequisite for issuing halachic rulings. An individual who is a recognized scholar is permitted to issue halachic rulings even without a formal semicha.[46] In fact, many Chassidic Rebbes and Roshei Yeshiva do not have or need a semicha as their reputations as advanced Torah scholars are simply beyond reproach. The Chafetz Chaim was a world renowned halachic authority who never had a formal semicha until the end of his life when he needed one to prove that he was a rabbi for the purpose of a government registry. The Chazon Ish also never received any formal semicha.[47]
Conclusion
It matters little from where a person received his semicha. Rather, what is important is how the individual conducts himself and uses his semicha to further the glory of Torah. The semicha of a rabbi who has strayed from the path of Torah observance may be revoked[48] though such a measure has historically rarely been taken. If such a person later repents and returns to Torah observance he is required to receive semicha anew before he is able to serve as a rabbi.[49] More important than his scholarship, a rabbi should be an individual who is wise, God fearing, humble, modest, and beloved among mankind.[50]
[1] Rivash 271; Rambam, Hilchot Sanhedrin 4:2; Rema, YD 242:14.
[2] Bamidbar 27:15-23, Devarim 34:9.
[3] Bamidbar 11:16-25, Rambam, Hilchot Sanhedrin 4:1.
[4] Sanhedrin 14a.
[5] For more on the attempts to revive semicha, see: http://en.wikipedia.org/wiki/Semikhah#Attempts_to_revive_classical_semikhah
[6] Shulchan Aruch Harav, Hilchot Talmud Torah 4.
[7] Sefer Haminhagim (Chabad) p.75.
[8] Sanhedrin 13b.
[9] Ketubot 17a.
[10] See: Aruch Hashulchan, YD 242:29.
[11] Sota 22b; Avoda Zara 19b; Rambam, Hilchot Talmud Torah 5:4.
[12] YD 242:8,9.
[13] "Heter Horaah" is also used to describe a form of semicha given by prominent rabbis which entitles the recipient to make halachic rulings in every area of Torah law, and even in place of the issuing rabbi - a "super semicha" of sorts.
[14] See Sefer Hashtarot
[15] Sanhedrin 5a. See also Eruvin 53b, Rashi s.v. "nityaetz".
[16] Rabbi Shalom Shachna of Lublin in the introduction to the sefer "Or Yisrael".
[17] Pri Megadim, Seder Hanhagot Hashoel V'hanishal, #2.
[18] CM 7:3.
[19] YD 1:5.
[20] Beit Yosef, YD 242, Avoda Zara 5b.
[21] Avoda Zara 19b; Sota 22b. It is explained that the ban on issuing halachic rulings before one is at least forty years old only applied in past times when people learned solely from rabbis without the benefit of sefarim to consult with. In our day, however, with the proliferation and availability of sefarim, one is permitted to make a halachic decision at any age as long as one has attained the requisite knowledge. Lechem Mishna to Rambam, Hilchot Talmud Torah 5:4.
[22] Rambam, Hilchot Talmud Torah 5:4; Beit Yosef, YD 242.
[23] Rema, YD 242:31
[24] Rashi, Sota 22b.
[25] Avoda Zara 56b.
[26] Pinkas Medinat Lita, cited in Chikrei Minhagim (Gurary) p.190. See there for a review of the different customs which existed as to when a rabbi should issue semicha to someone.
[27] Olelot Efraim 366, cited in Chikrei Minhagim (Gurary) p.190. This was the tradition in which Rabbi Chaim Pinchas Scheinberg received his semicha from Rabbi Bernard Revel.
[28] Igeret Sofrim, cited in Chikrei Minhagim (Gurary) p.190.
[29] Devar Yehoshua 5:13, cited in Chikrei Minhagim (Gurary) p.190.
[30] Rema, YD 242:14; Chatam Sofer, OC 206; Haradach 18:10; Mahari Weil 85, 128.
[31] Kiddushin 6a; EH 49:3.
[32] Rambam, Hilchot Sanhedrin 4:8.
[33] Birkei Yosef, YD 242, Shiyorei Bracha 8.
[34] Pitchei Teshuva, YD 242:3. See Minhag Yisrael Torah, YD 242:2 for extensive elaboration on this.
[35] Taz, YD 92:22; YD 242:10; Shach, YD 242:17, Mishne Halachot 3:111, Minhag Yisrael Torah, YD 242:3.
[36] Menachot 99b; Chullin 15a; YD 124:24,160:16.
[37] Bechorot 29a.
[38] Bach, CM 9.
[39] Minhag Yisrael Torah, YD 242:8.
[40] Berachot 4a.
[41] Maharach, Or Zarua 93; Yabia Omer, YD 6:18.
[42] Taz, YD 18:16.
[43] Halachot Ketanot 1:30; Teshurat Shai 580.
[44] Rema, YD 245:22; Aruch Hashulchan, YD 242:57, 245:29; Aruch Hashulchan E.H. 49:8 .
[45] Chatam Sofer, OC 206, CM 21; Maharam Schik,YD 18.
[46] Chatam Sofer, OC 206, CM 163. See also Shach, Y.D. 244:11.
[47] On the history of modern semicha, including the various cultural and legal debates involved in these ordinations, see Mordechai Breuer, "Ha-Semicha Ha-Ashkenazit," Zion 33 (5728), p. 15-46 (also reprinted in his collection of articles, Assif). On the concept of heter horaah, see Rabbi Dr. Yaakov Blidstein, "Heter Hora'ah Be-Mishnat Ha-Rambam U-Mashmuato Ha-Chevratit," in his Iyyunim Be-Machshevet Ha-Halakha Ve-Ha-Aggada, Ben Gurion University Press, p. 103-113, and the sources cited in Encyclopedia Talmudit, "Hora'ah" (Vol 8), p. 486-494. Source provided to me by Rabbi Michael Broyde.
[48] Yehuda Yaaleh, OC 1:37. See also YD 246:8, 334:43,44 and Maharik 83.
[49] Rivevot V'yovlot 1:90.
[50] Rambam, Hilchot Sanhedrin 2:8.