Do Judges Have a Retirement Age? – Parshat שלח

One posuk in our parsha (Bamidbar 15:24) states “it will be, if from the eyes of the assembly it was done in error, then the entire assembly…shall prepare an olah-offering.” The Gemara Harayot 4b deduces from the phrase “from the eyes of the assembly” that the verse is discussing the Sanhedrin itself making an error in teaching. The Torah Temimah points out that the sages viewed the Sanhedrin as the eyes of the congregation. As the eyes of the congregation, the members of the Sanhedrin are acting as representatives of the entire Jewish people. Therefore, every single member of the Sanhedrin must be fitting and qualified.

Then, in the next part of the discussion, the gemara goes on to mention what these qualifications are. Amazingly, the Torah Temimah mentions that among the qualifications is the fact that a judge must not be an old person or one who does not have children (Sanhedrin 36b). He states that the reason for this is that such people are generally not as merciful or empathetic. “Additionally, an elderly person, even though he had children when he was younger, nevertheless, has forgotten the trials and tribulations of raising children and he will not be as merciful. “

Wow. I found this amazing. I had been taught (I thought) that one of the qualifications for being on the Sanhedrin was a long beard and advanced age. It seems that is not exactly so. Isn’t the whole story mentioned at the seder table of Rabbi Elazar ben Azariah turning grey overnight contrary to this? The gemoras noted above show that getting along in age may be an advantage in that one has acquired much knowledge, but knowledge might sometimes take a backseat to attitude. Or at least they must go hand in hand. Therefore, our halachic screening policies for hiring judges for the Sanhedrin should consider both the qualities of intellect and compassion as much as possible.

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