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The Torah establishes fines for certain offenses. For example, if a man seduced a young woman and she wanted to marry him, he was obligated to marry her. If she did not want to, he had to pay her a fine (Exodus 22:15-16). A thief who was caught was also fined and had to pay double what was stolen (ibid. 22:3). For judges to have the authority to impose fines, they needed the original ordination. Since this ordination could take place only in the Land of Israel, it ceased following the Temple’s destruction and the nation’s exile, and judges lost their authority to issue fines.
Ever since, judges have been merely agents of the earlier Sages, and their activities are limited in scope. They can still adjudicate matters critical to society's functioning. Fines though, which are meant to elevate us to the status of a nation of priests and a holy people, are in abeyance. Therefore, a rabbinic court can tell a thief to repay what was stolen, but not to pay double. Nevertheless, even today’s rabbis who lack the original ordination have the responsibility to pass ordinances and impose fines when necessary, to ensure the smooth functioning of society.
