Rabbi Kornfeld I loved your shiur . Just wanted to know what the source from the gemara is to the opinion of the Rambam that you only consider the opinions of Rabbanim in Eretz Yisroel to decide who should be the top Rabbi and give him Semicha.
In your shiur you mentioned a gemara in Horayos that only calls the community in eretz yisroel "a kahal" What does that have to do with giving semicha and getting the opinion of Rabbis in Israel. Does it say somewhere with regard to semicha the word Kahal? And if so maybe we should need the opinion of the whole community to agree?
If you have any Shiurim on Masseches Shabbos it would be so great if you could make them available. Thank you , Menachem smith
menachem smith, bay harbor fl usa
Thank you. Regarding how the Rambam in Perush ha'Mishnah to Bechoros 4:3 connects "Kahal" to Semichah, you have a good question. I suggest the following explanation for the Rambam's words.
(a) The Gemara in Horayos proves from a verse which mentions "Kahal Gadol" that with regard to Par He'elem Davar, we are concerned only with the people of Eretz Yisrael, since they are the ones who comprise the "Kahal." (See also Ezra 2:64, where only the people who returned to Eretz Yisrael are called "Kol ha'Hahal".) The basis for this contention is that the Torah writes "Kahal" with regard to Par He'elem Davar, when it calls the Sanhedrin "Einei ha'Kahal" in a verse describing Par He'elem Davar (Vayikra 4:13; the verse is referring to the Sanhedrin, see Sforno there and Gemara Bava Basra 4a).
This implies that the Sanhedrin are the "eyes (= leaders) of the people in Eretz Yisrael", as opposed to being in direct leadership of the people outside of Eretz Yisrael as well. (That is, the edicts of the Sanhedrin apply to those in Eretz Yisrael, and the rest of Klal Yisrael is automatically drawn after those in Eretz Yisrael.) It therefore follows that the criteria for Semichah, or eligibility for Sanhedrin, should be that the person must be a leader in comparison with the Torah Jewry of Eretz Yisrael, since he is being appointed as their leader. (By the way, I think that the Rambam is not just bringing a source that Torah leaders of Eretz Yisrael can initiate a Semichah when there are no Semuchim, he is also bringing a general source for the Halachic requirement that Semichah can only be given by and to a Chacham in Eretz Yisrael, Sanhedrin 14a.)
You asked that the entire population should then choose the Musmach, and not just the scholars. The truth is, the Rambam in Perush ha'Mishnah in Bechoros just mentions that "the Bnei Eretz Yisrael" make him a Mushmach. However, in the beginnning of Sanhedrin (and in Hilchos Sanhedrin 4:11) he adds that he is chosen by the the "Talmidim and Chachamim". This is no contradiction. Rather, the Chachamim judge who is best fit to be the Torah leader of the entire Kahal. After all, this is not a democratic election ; we simply want to determine who is the person that is most knowledgeable and should therefore be the Torah leader of the Jews of Eretz Yisrael.
Best wishes,
Mordecai Kornfeld