Semichah in the Talmud and Today

 https://outorah.org/p/27206/

The Rivash (cited by Rama Y.D. 242:14) writes that the new “semichah” is a form of permission to issue rulings in the vicinity of his rebbi. As we know one is not allowed to issue halachic rulings in the vicinity of one’s rebbi unless the rebbi grants him permission to do so. This semichah is formally granting the student permission to issue halachic rulings. Therefore, notes the Rama, if the rebbi has passed on it is unnecessary for the student to receive semichah.

Remah (Y.D. 242:14) Every scholar who is capable of deciding halachic questions but doesn’t is whithholding Torah and causing problems for the public And it is said about him (Mishlei 7:26), And numerous are her victims  Remah  The nature of semicha that we have today is that all those who are competent to decide issues of halacha will decide them and that it will be known that what they teach is with the permission of their teachers who gave them semcha. Therefore, if their teacher had already died, no semicha is required to decide halacha. Similarly if he is viewed as a talmid chaver he doesn’t need semicha to decide halachic issues. In any situation which doesn’t require permission from his teacher he doesn’t need semicha (this is according to Rivash #271, and not like the view of the Nachlas Avos) Some say that one who lacks semicha but issues Gittin and Chalitzos – his action are viewed as invalid. One should be concerned for this view unless it is clearly known that they are clearly highly competent but they are they are self effacing because of humility. Others disagree and are lenient. In situation that might produce an Aguna one should be lenient if the Get and Chalitza has already been given but not otherwise since the customs of Jews viewed as Torah. It also seems to me that to give the title of Moreinu to one issuing Gittin even though this is not the way semicha was done originally because today today it simply has the significance of the person being authorized to do this