Priestly court explained

In Judaism, the priestly court (beit din shel kohanim, Hebrew: בית דין של כהנים; also translated as the beit din of the priests[1] or Court of the Priests[2] [3] [4] [5] [6]) was a court of Jewish law, composed of priests descended from Aaron, which operated at the Temple in Jerusalem and oversaw matters related to the priesthood and Temple rituals.

The priestly court coexisted with the Sanhedrin, which was generally the legal authority for non-Temple matters. According to rabbinic literature, the priestly court consisted solely of priests of verified patrilineal descent from Aaron ("Kohanim meyuchashim"), while the Sanhedrin which was composed of members of all twelve tribes of Israel. Some scholars are of the opinion that the 23 members of the priestly court also served in the Sanhedrin, roughly a third of the latter's 71 members.[7]

Biblical sources

See also: The Torah instruction of the Kohanim. The priestly court is not mentioned in the Hebrew Bible. According to the Sifrei, it is hinted to in 18:7 HE ("Therefore thou and thy sons with thee shall keep your priest's office for every thing of the altar, and within the veil..."); the Sifrei explains that "There was a place behind the veil where they would check priestly lineage".[8]

Several Biblical verses describe the priests specifically as teachers of the Torah. Priests were expected to function as judges (21:5 HE); the absence of a priest who could teach was described as a national misfortune (15:3 HE). The priest's authority to teach is not automatic, but depends on his having a thorough knowledge of Torah law as well as priestly ancestry.[9]

In 3:7 HE the High Priest is expected to "judge [God's] house and guard [God's] courtyards".

Location

The court performed its duties within the Temple complex, in the eleven ammoth located between the western wall of the Holy of Holies and the western wall of the azarah (Temple courtyard). This area was also known in Hebrew as achurei beit hakaporeth ("behind the Holy of Holies").[10] This is in accordance with the aforementioned Sifrei, specifying that the court operated "behind the veil" of the Holy of Holies.[8]

Roles

The term Beit Din shel kohanim is mentioned by name only twice in Tannaitic and once in Amoraic literature,[11] and this has caused confusion regarding its meaning.[12] The three mentions are as follows:

These three tasks appear to be unrelated, which has led scholars to suspect that if a single court were responsible for these tasks, it would likely also have been responsible for many other tasks where the exact term Beit Din shel kohanim is not used.[11] Many passages which refer to the roles of "the sons of the high priests", "the elders of the priests", "the priests" (in a legal context), "the court" (in a Temple context), or "the Hasmonean court" have been suggested as referring to the court of priests, though these suggestions are not universally accepted.[11] One suggestion is that there was not a single priestly court, but rather any court convened for a specific purpose and composed of priests was called "a priestly court".[11]

Priestly lineage

As mentioned in the Sifrei, the priestly court verified the lineage of priests.[8] Some scholars describe this task as shared with the Sanhedrin. Some argue that the Sanhedrin would perform a one-time investigation elevating the investigated Kohen from "status quo" status to kohen meyuchas status ("Kohen-lineage verified by beit-din"), while the priestly court would continuously monitor the currently serving Kohanim regarding their observance of the various priestly laws.

Temple service

The priestly court ran the daily Temple operations, and possibly controlled the initiation ceremonies of inaugurating new vessels ("Kli sharet") to be used in the temple.[16] Rabbeinu Chananel was of the opinion that the priestly court also oversaw the appointing and rotation of the 24 priestly divisions.[17]

The Mishnah implies that this court played an active role in declaring new months: Rabbi Menachem Schneerson explains the involvement of the Beth din shel Kohanim in declaring Rosh Chodesh as due to the special sacrifice that was offered on Rosh Chodesh, over which the priestly court would preside.[18]

Apparently, this court played an active role in the Yom Kippur temple service; which included the appointing of a priest to escort the scapegoat sacrifice to the desert.[19] According to Rashi, they ruled that the scapegoat be led to the cliff by kohanim, even though it may Biblically be done by any Jew.[20] Mishnah commentators point out that it is also likely that the priestly court was dutifully meticulous that the Kohen Gadol would carry out his duties as required.[21]

Other functions

The Mishnah states that the priestly court was authorized to levy the death penalty ("dinei nefashot").

Notes and References

  1. The Universal Jewish Encyclopedia 1943 "... other matters of the state — administrative, executive and priestly and ritual affairs — were left to such other existing institutions as the Heber or Beth Din of the priests."
  2. Mishnah Yoma ed. Isidore Epstein 1989 "(9) Between the Court of the Israelites and the Court of the Priests. (10) It is the platform of the Lévites, on which they stood, when singing or teaching, and from which the priests pronounced the benediction, V. Mid. II, 6."
  3. Ze'ev W. Falk Introduction to Jewish Law of the Second Commonwealth 1972 p.57 "... and we hear of their concurrent activity designed to protect the lineage : "The court of the priests would collect for a virgin four ... "we are the agents of the court and you are our agent and the agent of the court" (Mishnah Yoma 1 5)."
  4. Encyclopedia Talmudica Volume 4 - Page 158 Yad Ha-Rav Herzog Institute Staff - 1991 "Court of the Priests," n. 2. 30."
  5. Francis Roubiliac Conder, Claude Reignier Conder A handbook to the Bible 1879 "The present plan places the Court of the Priests in such a situation that none of the numerous cisterns of the Haram area come within its boundaries."
  6. Jacob Neusner Judaism Handbuch der Orientalistik: Der Nahe und Mittlere Osten. 1995 "From this vantage one could see into the Court of the Priests"
  7. "beit hillel" (Rabbi Y. Greenweild) p. 94a
  8. https://www.sefaria.org.il/Sifrei_Bamidbar.116.2?vhe=Wikisource&lang=he&with=all&lang2=he Sifrei to Bemidbar 18:7
  9. [Kli Yakar]
  10. The Torah anthology Jacob Culi, Isaac ben Moses Magriso, Zvi Faier - 1987 "This last location was known as Achurei Beth HaKaporeth ("behind the Holy of Holies"). "
  11. Tropper, "Beth Din Shel Kohanim", Jewish Quarterly Review, 63:3 (Jan., 1973), pp. 204-221
  12. Sigalit Ben-Zion A Roadmap to the Heavens: An Anthropological Study of Hegemony among Priests, Sages and Laymen 2009 Page 76 "... a court composed of Priests which established jurisdiction in civil matters.54 The court of the Priests would collect ... 54 The term "Beit Din Shel Kohanim" is rarely used in rabbinic sources and has caused confusion regarding its meaning (for a review of the literature see Tropper 1972/3:208, n
  13. Mishnah Ketubot 1:5 The Mishnah translated Herbert Danby, 1933 Page 245; alternative modern translation (The Jerusalem Talmud, trans. Jacob Neusner, Volume 8 Page 50 New Haven, reprint 1991 2006) "... Both for an Israel widow as a Cohanim widow the ketubah is a mina. The priestly court collected 400 zuz for a virgin"
  14. https://www.sefaria.org.il/Tosefta_Sanhedrin.4.4?lang=bi&with=all&lang2=en Tosefta Sanhedrin 4:4
  15. Pesachim 90b; Eruvin 32a
  16. based on various rabbinic interpretation of Tosefta to Menachot 9:1
  17. [Rabbeinu Chananel]
  18. [Menachem Schneerson]
  19. [Talmud Bavli]
  20. Rashi in Yoma 66a
  21. Mishna, beginning of tractate Yoma