민수기 35:29의 주석

בכל מושבתיכם [AND THESE THINGS SHOULD BE AN ORDINANCE OF JUSTICE FOR YOU] IN ALL YOUR DWELLINGS — This teaches that the "minor Sanhedrin" functions outside the Land as long as there is [the main] one functioning in the Land of Israel [namely, while the Temple stood].(Makkot 7a)

IN ALL YOUR HABITATIONS. “This teaches us that a Sanhedrin⁹⁰In our Rashi: “a small Sanhedrin,” i.e., a court of twenty-three judges which functioned in every city, and had power over civil and criminal cases. The “great Sanhedrin” consisted of seventy-one judges, and its seat was in a chamber on the Temple Mount, adjoining the Sanctuary Court. may function outside the Land [of Israel] as long as one functions in the Land of Israel itself.” This is Rashi’s language. This is indeed correct, because after the destruction [of the Temple] the Sanhedrin cannot function in the Land of Israel nor outside it, just as our Rabbis have said in the Chapter Arba Mithoth Beth Din:⁹¹Literally: “Four kinds of death-penalty of the court.” — The text referred to here is in Sanhedrin 52b. “And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days⁹²Deuteronomy 17:9. — when there is a priest [performing the Divine Service in the Sanctuary] there is [execution of] judgment; when there is no priest [at the Sanctuary] there is no judgment.” And we have been taught in the Mechilta:⁹³I.e., the Mechilta of Rabbi Shimon ben Yochai (on Exodus 21:14). This work is mentioned by Rambam in his Sefer Hamitzvoth, principle 14, (see “The Commandments,” Vol. II, p. 424). “Whence do we know that judicial execution can take place only during the existence of the Sanctuary? Because it says, From Mine altar, thou shalt take him, that he may die.⁹⁴Exodus 21:14. If you have an altar, you may render capital punishment, and if not, you may not do so.”
But I have nowhere found in connection with a commandment which is limited to the [duration of the] existence of the Sanctuary that Scripture should say about it, throughout your generations in all your habitations [as it does here], because this [expression] indicates [the contrary, namely that it is binding] even during the exile, outside the Land. Thus [it uses this expression] in connection with [the obligation of abstaining from work on the Festival of Shavuoth,⁹⁵Leviticus 23:21: it is a statute forever in all your habitations throughout your generations. and in connection with the prohibition of [eating from] the new crop [before bringing the omer on the sixteenth day of Nisan],⁹⁶Ibid., Verse 14. For the explanation of the word omer, see Vol. III, p. 368, Note 243. in order to make [these laws] obligatory even outside the Land [of Israel] and even nowadays [when the Temple is destroyed], so that we should not [think that the prohibition against eating of the new crop is] dependent upon [the actual offering of] the omer, and [so that we should not make the commandment to abstain from work on Shavuoth dependent] upon the offering of the new meal-offering⁹⁷Ibid., Verse 16. [on that day]. Likewise [the expression throughout your generations in all your habitations is used] in connection with [the prohibition against eating certain] fats⁹⁸Ibid., 3:17. so that we should not think that it is dependent upon the offerings.⁹⁹See Ramban’s emphasis on this point in Vol. III, pp. 85-88. [And so here too the expression throughout your generations in all your dwellings would indicate that the execution of judgment including the death-penalty, applies at all times, and is not dependent upon the existence of the Sanctuary!] Perhaps the Rabbis interpreted the words [in our verse here]: And these things shall be for a statute of judgment [as referring not to the criminal cases mentioned in this section, but] to [the general law of] the Sanhedrin mentioned continually in this section, as it is said, [until he stand] before ‘the congregation’ for judgment;¹⁰⁰Above, Verse 12. then ‘the congregation’ shall judge,¹⁰¹Ibid., Verse 24. and Scripture is thus saying that we should always have, throughout all generations, and even after the destruction [of the Sanctuary], “a congregation that judges” [i.e., a Sanhedrin, or court] in order to adjudicate upon the laws of fines, robberies, personal injury, and all monetary matters, and to deal with the law of forty stripes.¹⁰²Deuteronomy 25:3. All these laws are applied even after the destruction of the Temple.

והיו אלה לכם לחקת עולם משפט לדורותיכם בכל מושבותיכם, “and these shall be for you a decree of justice for your generations in all your dwellings.” This verse teaches that as long as Jews reside in Eretz Yisrael and they have a Sanhedrin which functions, a Sanhedrin can function outside Eretz Yisrael. This is how Rashi explains this verse. Nowadays that there is no Sanhedrin in Eretz Yisrael, no Sanhedrin (its authority) is competent in the Diaspora either.
The meaning of the verse according to the plain text is that even in these times there should be a judiciary wherever Jews reside, competent to rule on matters of financial disputes, compensation for injuries inflicted, etc., etc.; any infringement of laws for which the penalty prescribed by the Torah is 39 lashes such a court is competent to rule on. This is why the Torah writes the words לדורותיכם בכל מושבותיכם. However, in the absence of a Sanhedrin in Eretz Yisrael we are not entitled to rule on capital offenses [even if the host country were to give us such authority. Ed.]. We derive this from Sanhedrin 52 based on Deut. 17,9: ובאת אל הכהנים הלוים ואל השופט...ועשית על פי הדבר אשר יגידו לך מן המקום ההוא, “you will come to the priests, the Levites, and the judge...who will tell you from that place”. When there is a High Priest capital cases may be tried, when there is no High Priest such authority does not exist. We also learned this in the Mechilta (page 126) “how do we know that capital cases may be judged only when the Temple is standing? The Torah writes (Exodus 21,14) “from My Altar you shall take him to die.” When there is a Temple and an altar you may decree a death penalty; when there is no altar we have no authority to decree death by human hands. (Compare also Nachmanides).

So long [as it functions]. For it is written in Parshas Shoftim (Devarim 17:8), “You shall ascend to the place” which teaches that it is “the place” which confers authority. This means: At the time when the Great Sanhedrin of Yerushalyim sit in the Chamber of Hewn Stone [in the Temple, the lower] courts function outside the land and in other locations [within the land] are in effect.

V. 29. סנהדרין נוהגת בארץ ובחוצה לארץ ,בכל מושבותיכם (Mackot 7a). So lange die Kriminaljustiz im jüdischen Lande zur Verwirklichung kommt, — es ist dies an die Existenz des obersten Gerichtshofs in der Steinhalle, לשכת הגזית, im Tempelheiligtum gebunden (siehe Dewarim 17, 10), ועשית על פי הדבר אשר יגידו לך מן המקום ההוא אשר יבחר ד׳ מלמד שהמקום גורם (Aboda Sara 8b תוספו׳ daselbst) — so lange ist sie auch in den jüdischen Niederlassungen außerhalb des Landes durch Gerichtshöfe zu handhaben, deren Mitglieder, vermöge der von der Gesetzesautorität im Lande erlangten Autorisation, סמיכה, als deren Delegierte handeln.