Please ensure Javascript is enabled for purposes of website accessibility Skip to content

Today's Daf Yomi

July 30, 2017 | ื–ืณ ื‘ืื‘ ืชืฉืขืดื–

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. โ€œAnd with thanks to Rabbanit Farber and Hadran who have made our learning possible.โ€

Sanhedrin 14

How many judges for smicha on the par of the judges? ย Where are the opinions derived from? ย How many judges to give smicha to Rabbis? ย How was smicha done? ย Where could it be done? ย Redemption of neta revai and ma’aser shena, as well as consecrated itemsย mentioned in the mishna are discussed.


If the lesson doesn't play, click "Download"

ื‘ื˜ืœื• ื“ื™ื ื™ ืงื ืกื•ืช ืžื™ืฉืจืืœ ืฉืคืขื ืื—ืช ื’ื–ืจื” ืžืœื›ื•ืช ื”ืจืฉืขื” ืฉืžื“ ืขืœ ื™ืฉืจืืœ ืฉื›ืœ ื”ืกื•ืžืš ื™ื”ืจื’ ื•ื›ืœ ื”ื ืกืžืš ื™ื”ืจื’ ื•ืขื™ืจ ืฉืกื•ืžื›ื™ืŸ ื‘ื” ืชื™ื—ืจื‘ ื•ืชื—ื•ืžื™ืŸ ืฉืกื•ืžื›ื™ืŸ ื‘ื”ืŸ ื™ืขืงืจื•

the laws of fines would have ceased to be implemented from among the Jewish people, as they would not have been able to adjudicate cases involving these laws due to a lack of ordained judges. This is because at one time the wicked kingdom of Rome issued decrees of religious persecution against the Jewish people with the aim of abolishing the chain of ordination and the authority of the Sages. They said that anyone who ordains judges will be killed, and anyone who is ordained will be killed, and the city in which they ordain the judges will be destroyed, and the signs identifying the boundaries of the city in which they ordain judges will be uprooted. These measures were intended to discourage the Sages from performing or receiving ordination due to fear for the welfare of the local population.

ืžื” ืขืฉื” ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื”ืœืš ื•ื™ืฉื‘ ืœื• ื‘ื™ืŸ ืฉื ื™ ื”ืจื™ื ื’ื“ื•ืœื™ื ื•ื‘ื™ืŸ ืฉืชื™ ืขื™ื™ืจื•ืช ื’ื“ื•ืœื•ืช ื•ื‘ื™ืŸ ืฉื ื™ ืชื—ื•ืžื™ ืฉื‘ืช ื‘ื™ืŸ ืื•ืฉื ืœืฉืคืจืขื ื•ืกืžืš ืฉื ื—ืžืฉื” ื–ืงื ื™ื ื•ืืœื• ื”ืŸ ืจื‘ื™ ืžืื™ืจ ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื•ืจื‘ื™ ื™ื•ืกื™ ื•ืจื‘ื™ ืืœืขื–ืจ ื‘ืŸ ืฉืžื•ืข ืจื‘ ืื•ื™ื ืžื•ืกื™ืฃ ืืฃ ืจื‘ื™ ื ื—ืžื™ื”

What did Rabbi Yehuda ben Bava do? He went and sat between two large mountains, between two large cities, and between two Shabbat boundaries: Between Usha and Shefaram, i.e., in a desolate place that was not associated with any particular city so that he not endanger anyone not directly involved, and there he ordained five elders. And they were: Rabbi Meir, and Rabbi Yehuda, and Rabbi Shimon, and Rabbi Yosei, and Rabbi Elazar ben Shammua. Rav Avya adds that Rabbi Neแธฅemya was also among those ordained. This incident indicates that ordination can be performed by a single Sage.

ื›ื™ื•ืŸ ืฉื”ื›ื™ืจื• ืื•ื™ื‘ื™ื”ื ื‘ื”ืŸ ืืžืจ ืœื”ืŸ ื‘ื ื™ื™ ืจื•ืฆื• ืืžืจื• ืœื• ืจื‘ื™ ืžื” ืชื”ื ืขืœื™ืš ืืžืจ ืœื”ืŸ ื”ืจื™ื ื™ ืžื•ื˜ืœ ืœืคื ื™ื”ื ื›ืื‘ืŸ ืฉืื™ืŸ ืœื” ื”ื•ืคื›ื™ื ืืžืจื• ืœื ื–ื–ื• ืžืฉื ืขื“ ืฉื ืขืฆื• ื‘ื• ืฉืœืฉ ืžืื•ืช ืœื•ื ื›ื™ืื•ืช ืฉืœ ื‘ืจื–ืœ ื•ืขืฉืื•ื”ื• ื›ื›ื‘ืจื”

When their enemies discovered them, Rabbi Yehuda ben Bava said to the newly ordained Sages: My sons, run for your lives. They said to him: My teacher, what will be with you? Rabbi Yehuda ben Bava was elderly and unable to run. He said to them: In any case, I am cast before them like a stone that cannot be overturned; even if you attempt to assist me I will not be able to escape due to my frailty, but if you do not escape without me you will also be killed. People say about this incident: The Roman soldiers did not move from there until they had inserted three hundred iron spears [lunkhiyot] into him, making him appear like a sieve pierced with many holes.

ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ืื—ืจื™ื ื™ ื”ื•ื• ื‘ื”ื“ื™ื” ื•ื”ืื™ ื“ืœื ื—ืฉื™ื‘ ืœื”ื• ืžืฉื•ื ื›ื‘ื•ื“ื• ื“ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื•ืจื‘ื™ ืžืื™ืจ ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ืกืžื›ื™ื” ื•ื”ื ืืžืจ ืจื‘ื” ื‘ืจ ื‘ืจ ื—ื ื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืœ ื”ืื•ืžืจ ืจื‘ื™ ืžืื™ืจ ืœื ืกืžื›ื• ืจื‘ื™ ืขืงื™ื‘ื ืื™ื ื• ืืœื ื˜ื•ืขื” ืกืžื›ื™ื” ืจื‘ื™ ืขืงื™ื‘ื ื•ืœื ืงื™ื‘ืœื• ืกืžื›ื™ื” ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื•ืงื™ื‘ืœื•

This proof is refuted: There may have been other Sages performing the ordination with Rabbi Yehuda ben Bava, who were added in order to reach the quota of three Sages, and this fact that they were not mentioned is due to the honor of Rabbi Yehuda ben Bava, who was the greatest among them. The Gemara asks: And with regard to Rabbi Meir, did Rabbi Yehuda ben Bava actually ordain him? But doesnโ€™t Rabba bar bar แธคana say that Rabbi Yoแธฅanan says: Anyone who says that Rabbi Akiva did not ordain Rabbi Meir is nothing other than mistaken. The Gemara answers: Rabbi Akiva in fact ordained Rabbi Meir, but the people did not accept the appointment, as Rabbi Meir was still very young. Therefore, some time later, Rabbi Yehuda ben Bava ordained him a second time, and they accepted it.

ืืžืจ ืจื‘ื™ ื™ื”ื•ืฉืข ื‘ืŸ ืœื•ื™ ืื™ืŸ ืกืžื™ื›ื” ื‘ื—ื•ืฆื” ืœืืจืฅ ืžืื™ ืื™ืŸ ืกืžื™ื›ื” ืื™ืœื™ืžื ื“ืœื ื“ื™ื™ื ื™ ื“ื™ื ื™ ืงื ืกื•ืช ื›ืœืœ ื‘ื—ื•ืฆื” ืœืืจืฅ ื•ื”ื ืชื ืŸ ืกื ื”ื“ืจื™ืŸ ื ื•ื”ื’ืช ื‘ื™ืŸ ื‘ืืจืฅ ื•ื‘ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ืืœื ื“ืœื ืกืžื›ื™ื ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ

ยง Rabbi Yehoshua ben Levi says: There is no ordination outside of Eretz Yisrael. The Gemara asks: What is the meaning of: There is no ordination? If we say that they may not adjudicate cases involving laws of fines at all outside of Eretz Yisrael, that is difficult: Didnโ€™t we learn in a mishna (Makkot 7a): The Sanhedrin and its authority functions both in Eretz Yisrael and outside of Eretz Yisrael? Rather, the intention is that we do not ordain judges outside of Eretz Yisrael.

ืคืฉื™ื˜ื ืกื•ืžื›ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ื•ื ืกืžื›ื™ืŸ ื‘ืืจืฅ ื”ื ืืžืจื™ื ืŸ ื“ืœื ืืœื ืกื•ืžื›ื™ืŸ ื‘ืืจืฅ ื•ื ืกืžื›ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ืžืื™

The Gemara comments: It is obvious that if those ordaining the new judges were outside of Eretz Yisrael, and those being ordained were inside Eretz Yisrael, we say that they may not perform the ordination. But if those ordaining the new judges were inside Eretz Yisrael, and those being ordained were outside of Eretz Yisrael, what is the halakha? May ordination be conferred from a distance in this situation?

ืชื ืฉืžืข ื“ืจื‘ื™ ื™ื•ื—ื ืŸ ื”ื•ื” ืžืฆื˜ืขืจ ืขืœื™ื” ื“ืจื‘ ืฉืžืŸ ื‘ืจ ืื‘ื ื“ืœื ื”ื•ื” ื’ื‘ื™ื™ื”ื• ื“ืœื™ืกืžื›ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื–ื™ืจื•ื“ ื•ื—ื“ ื“ืขื™ืžื™ื” ื•ืžื ื• ืจื‘ื™ ื™ื•ื ืชืŸ ื‘ืŸ ืขื›ืžืื™ ื•ืืžืจื™ ืœื” ืจื‘ื™ ื™ื•ื ืชืŸ ื‘ืŸ ืขื›ืžืื™ ื•ื—ื“ ื“ืขื™ืžื™ื” ื•ืžื ื• ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื–ื™ืจื•ื“ ื—ื“ ื“ื”ื•ื” ื’ื‘ื™ื™ื”ื• ืกืžื›ื•ื”ื• ื•ื—ื“ ื“ืœื ื”ื•ื” ื’ื‘ื™ื™ื”ื• ืœื ืกืžื›ื•ื”ื•

The Gemara clarifies: Come and hear a resolution to the dilemma from the fact that Rabbi Yoแธฅanan was distressed concerning Rav Shemen bar Abba, as the latter was not with the other Sages at the time they received the consent of the Nasi so that Rabbi Yoแธฅanan could ordain him. In addition, concerning Rabbi Shimon ben Zeirud and one who was with him, the Gemara interjects: And who is he? Rabbi Yoแธฅanan ben Akhmai. And some say that it was Rabbi Yoแธฅanan ben Akhmai and one who was with him; the Gemara interjects: And who is he? Rabbi Shimon ben Zeirud. The Gemara continues: Although these two Sages were equal in stature, the Sages ordained only the one who was with them in Eretz Yisrael, and they did not ordain the other one, who was not with them. This indicates that ordination can be granted only in Eretz Yisrael.

ืจื‘ื™ ื—ื ื™ื ื ื•ืจื‘ื™ ื”ื•ืฉืขื™ื ื”ื•ื” ืงื ืžืฉืชืงื™ื“ ืจื‘ื™ ื™ื•ื—ื ืŸ ืœืžื™ืกืžื›ื™ื ื”ื• ืœื ื”ื•ื” ืžืกืชื™ื™ืขื ืžื™ืœืชื ื”ื•ื” ืงื ืžืฆื˜ืขืจ ื˜ื•ื‘ื ืืžืจื• ืœื™ื” ืœื ื ืฆื˜ืขืจ ืžืจ ื“ืื ืŸ ืžื“ื‘ื™ืช ืขืœื™ ืงืืชื™ื ืŸ

The Gemara relates several other incidents with regard to ordination. Rabbi Yoแธฅanan persistently tried to ordain Rabbi แธคanina and Rabbi Hoshaya, as they were scholars and righteous people. But he was not successful with regard to the matter, as various incidents repeatedly interfered with his plan, and he was very distressed about this. They said to him: Do not be distressed, our Master, as we come from, i.e., are descendants of, the house of the High Priest Eli.

ื“ืืžืจ ืจื‘ื™ ืฉืžื•ืืœ ื‘ืจ ื ื—ืžืŸ ืืžืจ ืจื‘ื™ ื™ื•ื ืชืŸ ืžื ื™ื™ืŸ ืฉืื™ืŸ ื ืกืžื›ื™ืŸ ืœื‘ื™ืช ืขืœื™ ืฉื ืืžืจ ืœื ื™ื”ื™ื” ื–ืงืŸ ื‘ื‘ื™ืชืš ื›ืœ ื”ื™ืžื™ื ืžืื™ ื–ืงืŸ ืื™ืœื™ืžื ื–ืงืŸ ืžืžืฉ ื•ื”ื›ืชื™ื‘ ื›ืœ ืžืจื‘ื™ืช ื‘ื™ืชืš ื™ืžื•ืชื• ืื ืฉื™ื ืืœื ืกืžื™ื›ื”

As Rabbi Shmuel bar Naแธฅman says that Rabbi Yonatan says: From where is it known that there are not to be ordained Sages from the house of Eli? As it is stated with regard to the house of Eli: โ€œAnd there shall not be an elder in your house foreverโ€ (Iย Samuel 2:32). The Gemara explains: What is the meaning of โ€œelderโ€ in this verse? If we say it means an actual elder, meaning an old person, but isnโ€™t it already written: โ€œAnd all those raised in your house shall die young menโ€ (Iย Samuel 2:33)? Rather, the term โ€œelderโ€ is an honorary term for a Sage, and it means that ordination will not be granted to descendants of the House of Eli.

ืจื‘ื™ ื–ื™ืจื ื”ื•ื” ืžื™ื˜ืžืจ ืœืžื™ืกืžื›ื™ื” ื“ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืœืขื•ืœื ื”ื•ื” ืงื‘ืœ ื•ืงื™ื™ื ื›ื™ื•ืŸ ื“ืฉืžืขื” ืœื”ื ื“ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืื™ืŸ ืื“ื ืขื•ืœื” ืœื’ื“ื•ืœื” ืืœื ืื ื›ืŸ ืžื•ื—ืœื™ืŸ ืœื• ืขืœ ื›ืœ ืขื•ื ื•ืชื™ื• ืืžืฆื™ ืœื™ื” ืื ืคืฉื™ื”

The Gemara relates: Rabbi Zeira would habitually hide himself so that they would not ordain him. He did this due to the fact that Rabbi Elazar said: Always be obscure and remain alive, meaning the more humble and unknown you make yourself, the longer you will live. When he heard that which Rabbi Elazar also said: A person does not rise to greatness unless all his sins are forgiven, he understood that there are also benefits to greatness, and he presented himself to the Nasi in order that he would ordain him.

ื›ื™ ืกืžื›ื•ื” ืœืจื‘ื™ ื–ื™ืจื ืฉืจื• ืœื™ื” ื”ื›ื™ ืœื ื›ื—ืœ ื•ืœื ืฉืจืง ื•ืœื ืคื™ืจื›ื•ืก ื•ื™ืขืœืช ื—ืŸ ื›ื™ ืกืžื›ื•ื” ืœืจื‘ื™ ืืžื™ ื•ืœืจื‘ื™ ืืกื™ ืฉืจื• ืœื”ื• ื”ื›ื™ ื›ืœ ืžืŸ ื“ื™ืŸ ื›ืœ ืžืŸ ื“ื™ืŸ ืกืžื•ื›ื• ืœื ื ืœื ืชืกืžื›ื• ืœื ื ืœื ืžืกืจืžื™ื˜ื™ืŸ ื•ืœื ืžืกืจืžื™ืกื™ืŸ ื•ืืžืจื™ ืœื” ืœื ืžื—ืžื™ืกื™ืŸ ื•ืœื ืžื˜ื•ืจืžื™ืกื™ืŸ

The Gemara relates: When they ordained Rabbi Zeira the Sages who were present at the ceremony sang to him this paean of praise traditionally sung to a bride at her wedding: She wears no blue eye shadow and no rouge on her face and no hair dye, and nevertheless she radiates grace. The bride is described as so beautiful that she does not need any cosmetics or adornments, and metaphorically Rabbi Zeira is praised as exceptionally and recognizably qualified for his appointment. Similarly, when they ordained Rabbi Ami and Rabbi Asi, they sang to them this paean of praise: Anyone like these, anyone like these, ordain for us, as they epitomized the ideal candidate for ordination. But do not ordain for us those counted among the rags [misarmitin] or among the distorters [misarmisin]. And some say that they said: Do not ordain for us those counted among the robbers [meแธฅamisin] or among the tramplers [miturmisin].

ืจื‘ื™ ืื‘ื”ื• ื›ื™ ื”ื•ื” ืืชื™ ืžืžืชื™ื‘ืชื ืœื‘ื™ ืงื™ืกืจ ื ืคืงื™ ืžื˜ืจื•ื ื™ืชื ื“ื‘ื™ ืงื™ืกืจ ื•ืžืฉืจื™ื™ืŸ ืœื™ื” ืจื‘ื” ื“ืขืžื™ื” ืžื“ื‘ืจื ื ื“ืื•ืžืชื™ื” ื‘ื•ืฆื™ื ื ื“ื ื”ื•ืจื ื‘ืจื™ืš ืžืชื™ื™ืš ืœืฉืœื

Since the songs composed for various Sages were mentioned, the Gemara also recounts that when Rabbi Abbahu would come from the yeshiva to the house of the emperor, the ladies from the emperorโ€™s house would go out and sing before him: O great one of his people, leader of his nation, illuminating candle, may your arrival be blessed in peace.

ืขืจื™ืคืช ืขื’ืœื” ื‘ืฉืœืฉื” ืชื ื• ืจื‘ื ืŸ ืณื•ื™ืฆืื• ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืšืณ ืณื–ืงื ื™ืšืณ ืฉื ื™ื ืณืฉืคื˜ื™ืšืณ ืฉื ื™ื ื•ืื™ืŸ ื‘ื™ืช ื“ื™ืŸ ืฉืงื•ืœ ืžื•ืกื™ืคื™ืŸ ืขืœื™ื”ืŸ ืขื•ื“ ืื—ื“ ื”ืจื™ ื›ืืŸ ื—ืžืฉื” ื“ื‘ืจื™ ืจื‘ื™ ื™ื”ื•ื“ื” ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืณื–ืงื ื™ืšืณ ืฉื ื™ื ื•ืื™ืŸ ื‘ื™ืช ื“ื™ืŸ ืฉืงื•ืœ ืžื•ืกื™ืคื™ืŸ ืขืœื™ื”ื ืขื•ื“ ืื—ื“ ื”ืจื™ ื›ืืŸ ืฉืœืฉื”

ยง The mishna teaches that the breaking of the heiferโ€™s neck is performed in front of a panel of three judges, and that Rabbi Yehuda says there must be five judges. The Sages taught in a baraita: The verse states: โ€œAnd your elders and your judges shall go out and they shall measure to the cities that are around the corpseโ€ (Deuteronomy 21:2). โ€œYour eldersโ€ is in the plural, which indicates a minimum of two, and โ€œyour judgesโ€ is also plural, indicating another two, and as a court may not be composed of an even number of judges, they add an additional one to them, so there are five judges here; this is the statement of Rabbi Yehuda. Rabbi Shimon says: โ€œYour elders,โ€ indicate two, and as a court may not be composed of an even number of judges, they add an additional one to them, so there are three judges here.

ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื”ืื™ ืฉืคื˜ื™ืš ืžืื™ ืขื‘ื™ื“ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืฉื•ืคื˜ื™ืš ื•ืจื‘ื™ ื™ื”ื•ื“ื” ืžื–ืงื ื™ ื–ืงื ื™ืš ื ืคืงื

The Gemara asks: But according to Rabbi Shimon, what does he do with this extra expression: โ€œYour judgesโ€? The Gemara answers: He requires it to teach that these judges must be of the unique ones among your judges, meaning that they must be members of the Sanhedrin. The Gemara asks: And how does Rabbi Yehuda derive the halakha that the judges must be members of the Sanhedrin? He derives it from the fact that the verse did not merely state: โ€œElders,โ€ but rather: โ€œYour elders,โ€ which indicates the elders that are unique to all of the Jewish people, meaning the Sages of the Sanhedrin.

ื•ืจื‘ื™ ืฉืžืขื•ืŸ ืื™ ืžื–ืงื ื™ ื”ื•ื” ืืžื™ื ื ื–ืงื ื™ ื”ืฉื•ืง ื›ืชื‘ ืจื—ืžื ื ื–ืงื ื™ืš ื•ืื™ ื›ืชื™ื‘ ื–ืงื ื™ืš ื”ื•ื” ืืžื™ื ื ืกื ื”ื“ืจื™ ืงื˜ื ื” ื›ืชื‘ ืจื—ืžื ื ื•ืฉืคื˜ื™ืš ืžืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืฉื•ืคื˜ื™ืš ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื’ืžืจ ื–ืงื ื™ ื–ืงื ื™ ืžื•ืกืžื›ื• ื–ืงื ื™ ื”ืขื“ื” ืืช ื™ื“ื™ื”ื ืžื” ืœื”ืœืŸ ืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืขื“ื” ืืฃ ื›ืืŸ ืžื™ื•ื—ื“ื™ืŸ ืฉื‘ื–ืงื ื™ืš

And how does Rabbi Shimon respond to this claim? He holds that had the verse written only: โ€œElders,โ€ I would say that the verse is referring to any elders in the marketplace who are not members of the Sanhedrin. Therefore, the Merciful One writes: โ€œYour elders.โ€ And if it was written: โ€œYour elders,โ€ I would say that it is referring to members of a lesser Sanhedrin. Therefore, the Merciful One writes: โ€œAnd your judges,โ€ to indicate that they must be of the unique ones among your judges. And how would Rabbi Yehuda respond to this claim? He learns it by means of a verbal analogy from the word โ€œeldersโ€ written in this verse and the word โ€œeldersโ€ written in the verse: โ€œAnd the elders of the congregation shall lay their hands on the head of the bullโ€ (Leviticus 4:15). Just as there it is referring to the unique ones of the congregation, so too here, it is referring to the unique ones among your elders.

ืื™ ื™ืœื™ืฃ ืœื™ืœืฃ ื›ื•ืœื” ืžื”ืชื ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืš ืœืžื” ืœื™ ืืœื ื•ื™ื• ื•ืฉืคื˜ื™ืš ืœืžื ื™ื™ื ื ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื•ื™ื• ืœื ื“ืจื™ืฉ

The Gemara asks: If he learns this verbal analogy, he should learn all of it, i.e., the entire halakha, including the number of judges as well as their rank, from there, i.e., the verse in Leviticus, and if so why do I need the extra expressions: โ€œYour eldersโ€ and: โ€œAnd your judgesโ€? Rather, certainly he does not accept this verbal analogy. Rather, he holds that the additional letter vav, corresponding to the word โ€œandโ€ in the expression: โ€œAnd your judges,โ€ is there for the tally, meaning that the expression โ€œyour judgesโ€ teaches that they must be members of the Great Sanhedrin, and the additional vav serves to add an additional two to the number of judges. And how does Rabbi Shimon respond to that? He does not expound the additional letter vav.

ืืœื ืžืขืชื” ื•ื™ืฆืื• ืฉื ื™ื ื•ืžื“ื“ื• ืฉื ื™ื ืœืจื‘ื™ ื™ื”ื•ื“ื” ื”ืจื™ ืชืฉืขื” ืœืจื‘ื™ ืฉืžืขื•ืŸ ืฉื‘ืขื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืชื ื™ื ืณื•ื™ืฆืื•ืณ ื”ืŸ ื•ืœื ืฉืœื•ื—ืŸ ืณื•ืžื“ื“ื•ืณ ืฉืืคื™ืœื• ื ืžืฆื

The Gemara asks: If that is so, if the verbs in the plural form are each understood as adding an additional two judges, then the expression: โ€œAnd they shall go out,โ€ in the continuation of the verse (Deuteronomy 21:2) indicates another two, and the expression: โ€œAnd they shall measure,โ€ adds another two, meaning that according to Rabbi Yehuda there should be nine judges, and according to Rabbi Shimon, seven. The Gemara answers: He needs this exposition for that which is taught in a baraita: The verse states: โ€œAnd they shall go out,โ€ to emphasize that they must go out, and not their agents, and the verse states: โ€œAnd they shall measure,โ€ to teach that this measurement is itself a mitzva, such that even if the corpse is found

ื‘ืขืœื™ืœ ืœืขื™ืจ ืฆืจื™ืš ืœืขืกื•ืง ื‘ืžื“ื™ื“ื”

clearly close to the city, so that there is no need to measure in order to determine the closest city, nevertheless they must involve themselves with the measurement.

ืžืชื ื™ืชื™ืŸ ื“ืœื ื›ื™ ื”ืื™ ืชื ื ื“ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ืณื•ื™ืฆืื• ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืšืณ ืณื–ืงื ื™ืšืณ ื–ื• ืกื ื”ื“ืจื™ืŸ ืณื•ืฉืคื˜ื™ืšืณ ื–ื” ืžืœืš ื•ื›ื”ืŸ ื’ื“ื•ืœ ืžืœืš ื“ื›ืชื™ื‘ ืณืžืœืš ื‘ืžืฉืคื˜ ื™ืขืžื™ื“ ืืจืฅืณ ื›ื”ืŸ ื’ื“ื•ืœ ื“ื›ืชื™ื‘ ืณื•ื‘ืืช ืืœ ื”ื›ื”ื ื™ื ื”ืœื•ื™ื ื•ืืœ ื”ืฉืคื˜ืณ

ยง The Gemara comments: The mishna is not in accordance with the opinion of this tanna, as it is taught in a baraita: Rabbi Eliezer ben Yaโ€™akov says: With regard to the breaking of the neck of the heifer, the verse states: โ€œAnd your elders and your judges shall go outโ€ (Deuteronomy 21:2). โ€œYour elders,โ€ this is referring to the Sanhedrin; โ€œand your judges,โ€ this is referring to the king and the High Priest. The baraita explains the assertion that the king is called a judge, as it is written: โ€œThe king by justice establishes the landโ€ (Proverbs 29:4), and the High Priest is also called a judge, as it is written: โ€œAnd you shall come to the priests the Levites, and to the judge that will be in those daysโ€ (Deuteronomy 17:9), referring to the High Priest.

ืื™ื‘ืขื™ื ืœื”ื• ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื‘ื—ื“ื ืคืœื™ื’ ืื• ื‘ืชืจืชื™ ืคืœื™ื’ ื‘ืžืœืš ื•ื›ื”ืŸ ื’ื“ื•ืœ ืคืœื™ื’ ืื‘ืœ ื‘ืกื ื”ื“ืจื™ ืื™ ื›ืจื‘ื™ ื™ื”ื•ื“ื” ืื™ ื›ืจื‘ื™ ืฉืžืขื•ืŸ ืื• ื“ื™ืœืžื ื‘ืกื ื”ื“ืจื™ ื ืžื™ ืคืœื™ื’ ื“ืืžืจ ื›ื•ืœื” ืกื ื”ื“ืจื™ ื‘ืขื™ื ืŸ

A dilemma was raised before the Sages: Does Rabbi Eliezer ben Yaโ€™akov disagree with the tannaโ€™im of the mishna only with regard to one matter, or does he disagree with regard to two matters? Does he disagree only with regard to the requirement for the king and the High Priest to participate in the measurement, but with regard to the Sanhedrin he holds either in accordance with the opinion of Rabbi Yehuda or in accordance with the opinion of Rabbi Shimon? Or perhaps he disagrees with regard to the Sanhedrin, too, as he says we require all of the members of the Sanhedrin to participate in the measurement.

ืืžืจ ืจื‘ ื™ื•ืกืฃ ืชื ืฉืžืข ืžืฆืืŸ ืื‘ื™ืช ืคื’ื™ ื•ื”ืžืจื” ืขืœื™ื”ืŸ ื™ื›ื•ืœ ืชื”ื ื”ืžืจืืชื• ื”ืžืจืื” ืชืœืžื•ื“ ืœื•ืžืจ ืณื•ืงืžืช ื•ืขืœื™ืช ืืœ ื”ืžืงื•ืืณ ืžืœืžื“ ืฉื”ืžืงื•ื ื’ื•ืจื

Rav Yosef said: Come and hear a solution to this dilemma from a baraita discussing the case of a rebellious elder, a Sage who publicly teaches a halakha against the ruling of the Great Sanhedrin: If the rebellious elder found the members of the Sanhedrin in Beit Pagei outside of Jerusalem and rebelled against them by rejecting their decision, one might have thought that his rebellion is deemed a rebellion and he will be liable to receive the death penalty if he instructs the public to follow his opinion. Therefore, the verse states: โ€œAnd you shall arise and go up to the place that the Lord your God shall chooseโ€ (Deuteronomy 17:8), and this teaches that the location determines the authority of the Sanhedrin; to a certain extent this authority exists only when the Sanhedrin is situated in the Chamber of Hewn Stone, adjacent to the Temple.

ื“ื ืคื•ืง ื›ืžื” ืื™ืœื™ืžื ืžืงืฆืชืŸ ื“ื™ืœืžื ื”ื ืš ื“ืื™ื›ื ื’ื•ืื™ ืงื™ื™ืžื™ ื›ื•ื•ืชื™ื” ืืœื ืคืฉื™ื˜ื ื“ื ืคื•ืง ื›ื•ืœื”ื• ืœืžืื™ ืื™ืœื™ืžื ืœื“ื‘ืจ ื”ืจืฉื•ืช ืžื™ ืžืฆื• ื ืคืงื™ ื•ื”ื›ืชื™ื‘ ืฉืจืจืš ืื’ืŸ ื”ืกื”ืจ ืืœ ื™ื—ืกืจ ื”ืžื–ื’ ืืœื ืคืฉื™ื˜ื ืœื“ื‘ืจ ืžืฆื•ื”

The Gemara clarifies: In the case discussed in the baraita, how many members of the Sanhedrin went out to Beit Pagei? If we say that only some of them went out, there is no significance in such a ruling issued by the rebellious elder, as perhaps those who are inside the Chamber of Hewn Stone are the majority and hold in accordance with his opinion; in which case he certainly would not be deemed a rebellious elder. Rather, it is obvious that they all went out. And for what reason did they go out? If we say that they did so for an optional matter, may they go out? But isnโ€™t it written: โ€œYour navel is like a round goblet wherein no blended wine is lackingโ€ (Song of Songs 7:3), from which it is inferred that the Sanhedrin sit in a half-circle, and there must never be more than two-thirds of them lacking, as this is the measure of wine blended in water. Rather, since the Sanhedrin may not leave the chamber unnecessarily, it is obvious that they went out for a matter relating to a mitzva.

ื”ื™ื›ื™ ื“ืžื™ ืœืื• ืœืžื“ื™ื“ืช ืขื’ืœื” ื•ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื”ื™ื ื“ืืžืจ ื›ื•ืœื™ ืกื ื”ื“ืจื™ ื‘ืขื™ื ืŸ ืืžืจ ืœื™ื” ืื‘ื™ื™ ืœื ื›ื’ื•ืŸ ืฉื™ืฆืื• ืœื”ื•ืกื™ืฃ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ื›ื“ืชื ืŸ ืื™ืŸ ืžื•ืกื™ืคื™ืŸ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ืืœื ื‘ื‘ื™ืช ื“ื™ืŸ ืฉืœ ืฉื‘ืขื™ื ื•ืื—ื“

What are the circumstances? Is it not that they went out to measure the distance between a murder victim and the nearest city, in order to perform the ritual of the breaking of the neck of the heifer, and it is in accordance with the opinion of Rabbi Eliezer ben Yaโ€™akov, from which it can be deduced that he says: We require all of the Sanhedrin to participate? Abaye said to him: No, that cannot be proven from here, as perhaps it is a case where they went out to extend the city of Jerusalem or the courtyards of the Temple, as we learned in the mishna: They may extend the city or the courtyards of the Temple only in accordance with the ruling of a court of seventy-one judges.

ืชื ื™ื ื›ื•ื•ืชื™ื” ื“ืจื‘ ื™ื•ืกืฃ ืžืฆืืŸ ืื‘ื™ืช ืคืื’ื™ ื•ื”ืžืจื” ืขืœื™ื”ืŸ ื›ื’ื•ืŸ ืฉื™ืฆืื• ืœืžื“ื™ื“ืช ืขื’ืœื” ื•ืœื”ื•ืกื™ืฃ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ื™ื›ื•ืœ ืฉืชื”ื ื”ืžืจืืชื• ื”ืžืจืื” ืชืœืžื•ื“ ืœื•ืžืจ ืณื•ืงืžืช ื•ืขืœื™ืช ืืœ ื”ืžืงื•ืืณ ืžืœืžื“ ืฉื”ืžืงื•ื ื’ื•ืจื

It is taught in a baraita in accordance with the opinion of Rav Yosef: If he found them in Beit Pagei and rebelled against them, such as in a situation where they went out to measure the distance between a murder victim and the nearest city, in order to perform the ceremony of the breaking of the neck of the heifer or to extend the city or the courtyards, one might have thought that his rebellion is deemed a rebellion. Therefore, the verse states: โ€œAnd you shall arise and go up to the place,โ€ which teaches that the location determines the authority of the Sanhedrin. This proves that there is a tanna who maintains that all of the members of the Sanhedrin must participate in the measurement.

ื ื˜ืข ืจื‘ืขื™ ื•ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ื‘ืฉืœืฉื” ืชื ื• ืจื‘ื ืŸ ืื™ื–ื”ื• ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ืคื™ืจื•ืช ืฉื”ืจืงื™ื‘ื• ื•ื™ื™ืŸ ืฉื”ืงืจื™ื ื•ืžืขื•ืช ืฉื”ื—ืœื™ื“ื• ืชื ื• ืจื‘ื ืŸ ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ืคื•ื“ื™ืŸ ืื•ืชื• ื‘ืฉืœืฉื” ืœืงื•ื—ื•ืช ืื‘ืœ ืœื ื‘ืฉืœืฉื” ืฉืื™ืŸ ืœืงื•ื—ื•ืช ืืคื™ืœื• ื ื›ืจื™ ืื—ื“ ืžื”ืŸ ืืคื™ืœื• ืื—ื“ ืžื”ื ื‘ืขืœื™ื

ยง The mishna teaches: Valuations of the fruits of a fourth-year sapling or second-tithe produce in cases where their value is not known is performed by three judges. The Sages taught in a baraita: What is the second tithe whose value is not known and requires a special court to assess it? This is fruit that has decomposed, and wine that has developed a film, and coins that have become rusted and cannot be traded at full value. Therefore, there is a need for expert assessment. The Sages taught in another baraita: The second tithe whose value is not known may be redeemed by three purchasers, i.e., experts in trade, but not by three ordinary people who are not purchasers. This may be done even if one of them is a gentile, and even if one of them is the owner.

ื‘ืขื™ ืจื‘ื™ ื™ืจืžื™ื” ืฉืœืฉื” ื•ืžื˜ื™ืœื™ืŸ ืœืชื•ืš ื›ื™ืก ืื—ื“ ืžื”ื• ืชื ืฉืžืข ืื™ืฉ ื•ืฉืชื™ ื ืฉื™ื• ืคื•ื“ื™ืŸ ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ื“ื™ืœืžื ื›ื’ื•ืŸ ืจื‘ ืคืคื ื•ื‘ืช ืื‘ื ืกื•ืจืื”

Rabbi Yirmeya asks: Concerning three people who deposit their funds into one single purse, meaning they are partners in expenses and profits, what is the halakha? With regard to valuations, are they considered as three people or as one? The Gemara answers: Come and hear a solution to the matter from a baraita: A man and his two wives may redeem produce of the second tithe where its value is unknown. It is apparent that three partners are considered a court for this matter. The Gemara rejects this proof: Perhaps this was a case of a marriage with special arrangements, such as that between Rav Pappa and his wife, the daughter of Abba of Sura. Rav Pappa and his wife handled their finances independently; she had her own property and was responsible for her own expenses.

ื”ื”ืงื“ืฉื•ืช ื‘ืฉืœืฉื” ืžืชื ื™ืชื™ืŸ ื“ืœื ื›ื™ ื”ืื™ ืชื ื ื“ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ืืคื™ืœื• ืฆื™ื ื•ืจื ืฉืœ ื”ืงื“ืฉ ืฆืจื™ื›ื” ืขืฉืจื” ื‘ื ื™ ืื“ื ืœืคื“ื•ืชื”

ยง The mishna teaches that the valuation of consecrated property is performed by three judges. The Gemara comments: The mishna is not in accordance with the opinion of this tanna, as it is taught in a baraita: Rabbi Eliezer ben Yaโ€™akov says: Even a simple item such as a small fork of consecrated property requires a valuation by ten people in order to redeem it.

ืืžืจ ืœื™ื” ืจื‘ ืคืคื ืœืื‘ื™ื™ ื‘ืฉืœืžื ืœืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื“ืืžืจ ื›ืฉืžื•ืืœ ื“ืืžืจ ืฉืžื•ืืœ ืขืฉืจื” ื›ื”ื ื™ื ื›ืชื•ื‘ื™ืŸ ื‘ืคืจืฉื” ืืœื ืœืจื‘ื ืŸ ืฉืœืฉื” ืžื ื ืœื”ื•

Rav Pappa said to Abaye: Granted, the opinion of Rabbi Eliezer ben Yaโ€™akov can be understood, since what he says is in accordance with the opinion of Shmuel. As Shmuel says: Ten priests are written in this Torah portion, meaning the word โ€œpriestโ€ appears ten times in the passage discussing consecrated property and redeeming consecrated property (Leviticus, chapter 27). For each time the word โ€œpriestโ€ is stated, a judge is added to the court that must endorse the calculation of the redemption, leading to a total of ten judges. But according to the opinion of the Rabbis, from where do they derive a requirement for three judges?

ื•ื›ื™ ืชื™ืžื ื“ื›ืชื™ื‘ ื‘ื”ื• ืฉืœืฉื” ืงืจืงืขื•ืช ื“ื›ืชื™ื‘ ื‘ื”ื• ืืจื‘ืขื” ืชื™ืกื’ื™ ื‘ืืจื‘ืขื” ื•ื›ื™ ืชื™ืžื ื”ื›ื™ ื ืžื™ ืืœืžื” ืชื ืŸ ื”ืงืจืงืขื•ืช ืชืฉืขื” ื•ื›ื”ืŸ

And if you would say that the word โ€œpriestโ€ is written with regard to them, i.e., with regard to the specific halakha of redeeming a consecrated animal, which can be generalized to any case of movable property, only three times (Leviticus 27:11โ€“12), then in a case of redeeming land, with regard to which the word โ€œpriest,โ€ is written four times (Leviticus 27:14, 18, 23), it should be enough to perform the valuation in a court of four judges. And if you would say: Indeed that is the case, why did we learn in the mishna that the valuation of consecrated land is performed by nine judges and one priest?

ืืœื ืžืื™ ื“ืžืฉืœืžื™ ื‘ื”ื• ืขืฉืจื” ื”ืงื“ืฉื•ืช ื“ืžืฉืœืžื™ ื‘ื”ื• ืฉื™ืชื ืœื™ื‘ืขื• ืฉื™ืชื ืงืฉื™ื

Rather, what would you say? That the count of ten instances of the word โ€œpriestโ€ written in the section is completed with these, meaning that there is a cumulative calculation of all mentions of the word since the beginning of the passage? If so, concerning consecrated items such as animals, given that a similar cumulative count of six is completed with them, they should require six judges to perform the valuation. The Gemara concludes: Indeed, the matter is difficult.

ื”ืขืจื›ื™ืŸ ื›ื•ืณ ืžืื™ ืขืจื›ื™ืŸ ื”ืžื˜ืœื˜ืœื™ืŸ ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘ ื‘ืื•ืžืจ ืขืจืš ื›ืœื™ ื–ื” ืขืœื™ ื“ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘

ยง The mishna teaches that the valuations that are movable property are performed by three judges. The Gemara asks: What is the meaning of: Valuations that are movable property? The term: Valuations, generally is referring to a unique type of calculation in which one vows to contribute the value of a person, according to the set amounts explicitly stated in the Torah (see Leviticus 27:1โ€“8). This type of calculation does not apply to property, so to what does the mishna refer? Rav Giddel says that Rav says: The mishna was discussing a case where one says: The valuation of this utensil is incumbent upon me to contribute. As Rav Giddel says that Rav says:

  • This month's learning is sponsored by the Hadran Women of Silver Spring in memory of Nicki Toys, Nechama bat Shmuel Tzadok.

  • This monthโ€™s learning is sponsored by Shlomo and Amalia Klapper in honor of the birth of Chiyenna Yochana, named after her great-great-grandmother, Chiyenna Kossovsky.

  • This month's learning is sponsored by Elaine Hochberg in honor of her husband, Arie Hochberg, who continues to journey through Daf Yomi with her. โ€œAnd with thanks to Rabbanit Farber and Hadran who have made our learning possible.โ€

Want to explore more about the Daf?

See insights from our partners, contributors and community of women learners

Sorry, there aren't any posts in this category yet. We're adding more soon!

Sanhedrin 14

The William Davidson Talmud | Powered by Sefaria

Sanhedrin 14

ื‘ื˜ืœื• ื“ื™ื ื™ ืงื ืกื•ืช ืžื™ืฉืจืืœ ืฉืคืขื ืื—ืช ื’ื–ืจื” ืžืœื›ื•ืช ื”ืจืฉืขื” ืฉืžื“ ืขืœ ื™ืฉืจืืœ ืฉื›ืœ ื”ืกื•ืžืš ื™ื”ืจื’ ื•ื›ืœ ื”ื ืกืžืš ื™ื”ืจื’ ื•ืขื™ืจ ืฉืกื•ืžื›ื™ืŸ ื‘ื” ืชื™ื—ืจื‘ ื•ืชื—ื•ืžื™ืŸ ืฉืกื•ืžื›ื™ืŸ ื‘ื”ืŸ ื™ืขืงืจื•

the laws of fines would have ceased to be implemented from among the Jewish people, as they would not have been able to adjudicate cases involving these laws due to a lack of ordained judges. This is because at one time the wicked kingdom of Rome issued decrees of religious persecution against the Jewish people with the aim of abolishing the chain of ordination and the authority of the Sages. They said that anyone who ordains judges will be killed, and anyone who is ordained will be killed, and the city in which they ordain the judges will be destroyed, and the signs identifying the boundaries of the city in which they ordain judges will be uprooted. These measures were intended to discourage the Sages from performing or receiving ordination due to fear for the welfare of the local population.

ืžื” ืขืฉื” ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื”ืœืš ื•ื™ืฉื‘ ืœื• ื‘ื™ืŸ ืฉื ื™ ื”ืจื™ื ื’ื“ื•ืœื™ื ื•ื‘ื™ืŸ ืฉืชื™ ืขื™ื™ืจื•ืช ื’ื“ื•ืœื•ืช ื•ื‘ื™ืŸ ืฉื ื™ ืชื—ื•ืžื™ ืฉื‘ืช ื‘ื™ืŸ ืื•ืฉื ืœืฉืคืจืขื ื•ืกืžืš ืฉื ื—ืžืฉื” ื–ืงื ื™ื ื•ืืœื• ื”ืŸ ืจื‘ื™ ืžืื™ืจ ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื•ืจื‘ื™ ื™ื•ืกื™ ื•ืจื‘ื™ ืืœืขื–ืจ ื‘ืŸ ืฉืžื•ืข ืจื‘ ืื•ื™ื ืžื•ืกื™ืฃ ืืฃ ืจื‘ื™ ื ื—ืžื™ื”

What did Rabbi Yehuda ben Bava do? He went and sat between two large mountains, between two large cities, and between two Shabbat boundaries: Between Usha and Shefaram, i.e., in a desolate place that was not associated with any particular city so that he not endanger anyone not directly involved, and there he ordained five elders. And they were: Rabbi Meir, and Rabbi Yehuda, and Rabbi Shimon, and Rabbi Yosei, and Rabbi Elazar ben Shammua. Rav Avya adds that Rabbi Neแธฅemya was also among those ordained. This incident indicates that ordination can be performed by a single Sage.

ื›ื™ื•ืŸ ืฉื”ื›ื™ืจื• ืื•ื™ื‘ื™ื”ื ื‘ื”ืŸ ืืžืจ ืœื”ืŸ ื‘ื ื™ื™ ืจื•ืฆื• ืืžืจื• ืœื• ืจื‘ื™ ืžื” ืชื”ื ืขืœื™ืš ืืžืจ ืœื”ืŸ ื”ืจื™ื ื™ ืžื•ื˜ืœ ืœืคื ื™ื”ื ื›ืื‘ืŸ ืฉืื™ืŸ ืœื” ื”ื•ืคื›ื™ื ืืžืจื• ืœื ื–ื–ื• ืžืฉื ืขื“ ืฉื ืขืฆื• ื‘ื• ืฉืœืฉ ืžืื•ืช ืœื•ื ื›ื™ืื•ืช ืฉืœ ื‘ืจื–ืœ ื•ืขืฉืื•ื”ื• ื›ื›ื‘ืจื”

When their enemies discovered them, Rabbi Yehuda ben Bava said to the newly ordained Sages: My sons, run for your lives. They said to him: My teacher, what will be with you? Rabbi Yehuda ben Bava was elderly and unable to run. He said to them: In any case, I am cast before them like a stone that cannot be overturned; even if you attempt to assist me I will not be able to escape due to my frailty, but if you do not escape without me you will also be killed. People say about this incident: The Roman soldiers did not move from there until they had inserted three hundred iron spears [lunkhiyot] into him, making him appear like a sieve pierced with many holes.

ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ืื—ืจื™ื ื™ ื”ื•ื• ื‘ื”ื“ื™ื” ื•ื”ืื™ ื“ืœื ื—ืฉื™ื‘ ืœื”ื• ืžืฉื•ื ื›ื‘ื•ื“ื• ื“ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื•ืจื‘ื™ ืžืื™ืจ ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ืกืžื›ื™ื” ื•ื”ื ืืžืจ ืจื‘ื” ื‘ืจ ื‘ืจ ื—ื ื” ืืžืจ ืจื‘ื™ ื™ื•ื—ื ืŸ ื›ืœ ื”ืื•ืžืจ ืจื‘ื™ ืžืื™ืจ ืœื ืกืžื›ื• ืจื‘ื™ ืขืงื™ื‘ื ืื™ื ื• ืืœื ื˜ื•ืขื” ืกืžื›ื™ื” ืจื‘ื™ ืขืงื™ื‘ื ื•ืœื ืงื™ื‘ืœื• ืกืžื›ื™ื” ืจื‘ื™ ื™ื”ื•ื“ื” ื‘ืŸ ื‘ื‘ื ื•ืงื™ื‘ืœื•

This proof is refuted: There may have been other Sages performing the ordination with Rabbi Yehuda ben Bava, who were added in order to reach the quota of three Sages, and this fact that they were not mentioned is due to the honor of Rabbi Yehuda ben Bava, who was the greatest among them. The Gemara asks: And with regard to Rabbi Meir, did Rabbi Yehuda ben Bava actually ordain him? But doesnโ€™t Rabba bar bar แธคana say that Rabbi Yoแธฅanan says: Anyone who says that Rabbi Akiva did not ordain Rabbi Meir is nothing other than mistaken. The Gemara answers: Rabbi Akiva in fact ordained Rabbi Meir, but the people did not accept the appointment, as Rabbi Meir was still very young. Therefore, some time later, Rabbi Yehuda ben Bava ordained him a second time, and they accepted it.

ืืžืจ ืจื‘ื™ ื™ื”ื•ืฉืข ื‘ืŸ ืœื•ื™ ืื™ืŸ ืกืžื™ื›ื” ื‘ื—ื•ืฆื” ืœืืจืฅ ืžืื™ ืื™ืŸ ืกืžื™ื›ื” ืื™ืœื™ืžื ื“ืœื ื“ื™ื™ื ื™ ื“ื™ื ื™ ืงื ืกื•ืช ื›ืœืœ ื‘ื—ื•ืฆื” ืœืืจืฅ ื•ื”ื ืชื ืŸ ืกื ื”ื“ืจื™ืŸ ื ื•ื”ื’ืช ื‘ื™ืŸ ื‘ืืจืฅ ื•ื‘ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ืืœื ื“ืœื ืกืžื›ื™ื ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ

ยง Rabbi Yehoshua ben Levi says: There is no ordination outside of Eretz Yisrael. The Gemara asks: What is the meaning of: There is no ordination? If we say that they may not adjudicate cases involving laws of fines at all outside of Eretz Yisrael, that is difficult: Didnโ€™t we learn in a mishna (Makkot 7a): The Sanhedrin and its authority functions both in Eretz Yisrael and outside of Eretz Yisrael? Rather, the intention is that we do not ordain judges outside of Eretz Yisrael.

ืคืฉื™ื˜ื ืกื•ืžื›ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ื•ื ืกืžื›ื™ืŸ ื‘ืืจืฅ ื”ื ืืžืจื™ื ืŸ ื“ืœื ืืœื ืกื•ืžื›ื™ืŸ ื‘ืืจืฅ ื•ื ืกืžื›ื™ืŸ ื‘ื—ื•ืฆื” ืœืืจืฅ ืžืื™

The Gemara comments: It is obvious that if those ordaining the new judges were outside of Eretz Yisrael, and those being ordained were inside Eretz Yisrael, we say that they may not perform the ordination. But if those ordaining the new judges were inside Eretz Yisrael, and those being ordained were outside of Eretz Yisrael, what is the halakha? May ordination be conferred from a distance in this situation?

ืชื ืฉืžืข ื“ืจื‘ื™ ื™ื•ื—ื ืŸ ื”ื•ื” ืžืฆื˜ืขืจ ืขืœื™ื” ื“ืจื‘ ืฉืžืŸ ื‘ืจ ืื‘ื ื“ืœื ื”ื•ื” ื’ื‘ื™ื™ื”ื• ื“ืœื™ืกืžื›ื™ื” ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื–ื™ืจื•ื“ ื•ื—ื“ ื“ืขื™ืžื™ื” ื•ืžื ื• ืจื‘ื™ ื™ื•ื ืชืŸ ื‘ืŸ ืขื›ืžืื™ ื•ืืžืจื™ ืœื” ืจื‘ื™ ื™ื•ื ืชืŸ ื‘ืŸ ืขื›ืžืื™ ื•ื—ื“ ื“ืขื™ืžื™ื” ื•ืžื ื• ืจื‘ื™ ืฉืžืขื•ืŸ ื‘ืŸ ื–ื™ืจื•ื“ ื—ื“ ื“ื”ื•ื” ื’ื‘ื™ื™ื”ื• ืกืžื›ื•ื”ื• ื•ื—ื“ ื“ืœื ื”ื•ื” ื’ื‘ื™ื™ื”ื• ืœื ืกืžื›ื•ื”ื•

The Gemara clarifies: Come and hear a resolution to the dilemma from the fact that Rabbi Yoแธฅanan was distressed concerning Rav Shemen bar Abba, as the latter was not with the other Sages at the time they received the consent of the Nasi so that Rabbi Yoแธฅanan could ordain him. In addition, concerning Rabbi Shimon ben Zeirud and one who was with him, the Gemara interjects: And who is he? Rabbi Yoแธฅanan ben Akhmai. And some say that it was Rabbi Yoแธฅanan ben Akhmai and one who was with him; the Gemara interjects: And who is he? Rabbi Shimon ben Zeirud. The Gemara continues: Although these two Sages were equal in stature, the Sages ordained only the one who was with them in Eretz Yisrael, and they did not ordain the other one, who was not with them. This indicates that ordination can be granted only in Eretz Yisrael.

ืจื‘ื™ ื—ื ื™ื ื ื•ืจื‘ื™ ื”ื•ืฉืขื™ื ื”ื•ื” ืงื ืžืฉืชืงื™ื“ ืจื‘ื™ ื™ื•ื—ื ืŸ ืœืžื™ืกืžื›ื™ื ื”ื• ืœื ื”ื•ื” ืžืกืชื™ื™ืขื ืžื™ืœืชื ื”ื•ื” ืงื ืžืฆื˜ืขืจ ื˜ื•ื‘ื ืืžืจื• ืœื™ื” ืœื ื ืฆื˜ืขืจ ืžืจ ื“ืื ืŸ ืžื“ื‘ื™ืช ืขืœื™ ืงืืชื™ื ืŸ

The Gemara relates several other incidents with regard to ordination. Rabbi Yoแธฅanan persistently tried to ordain Rabbi แธคanina and Rabbi Hoshaya, as they were scholars and righteous people. But he was not successful with regard to the matter, as various incidents repeatedly interfered with his plan, and he was very distressed about this. They said to him: Do not be distressed, our Master, as we come from, i.e., are descendants of, the house of the High Priest Eli.

ื“ืืžืจ ืจื‘ื™ ืฉืžื•ืืœ ื‘ืจ ื ื—ืžืŸ ืืžืจ ืจื‘ื™ ื™ื•ื ืชืŸ ืžื ื™ื™ืŸ ืฉืื™ืŸ ื ืกืžื›ื™ืŸ ืœื‘ื™ืช ืขืœื™ ืฉื ืืžืจ ืœื ื™ื”ื™ื” ื–ืงืŸ ื‘ื‘ื™ืชืš ื›ืœ ื”ื™ืžื™ื ืžืื™ ื–ืงืŸ ืื™ืœื™ืžื ื–ืงืŸ ืžืžืฉ ื•ื”ื›ืชื™ื‘ ื›ืœ ืžืจื‘ื™ืช ื‘ื™ืชืš ื™ืžื•ืชื• ืื ืฉื™ื ืืœื ืกืžื™ื›ื”

As Rabbi Shmuel bar Naแธฅman says that Rabbi Yonatan says: From where is it known that there are not to be ordained Sages from the house of Eli? As it is stated with regard to the house of Eli: โ€œAnd there shall not be an elder in your house foreverโ€ (Iย Samuel 2:32). The Gemara explains: What is the meaning of โ€œelderโ€ in this verse? If we say it means an actual elder, meaning an old person, but isnโ€™t it already written: โ€œAnd all those raised in your house shall die young menโ€ (Iย Samuel 2:33)? Rather, the term โ€œelderโ€ is an honorary term for a Sage, and it means that ordination will not be granted to descendants of the House of Eli.

ืจื‘ื™ ื–ื™ืจื ื”ื•ื” ืžื™ื˜ืžืจ ืœืžื™ืกืžื›ื™ื” ื“ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืœืขื•ืœื ื”ื•ื” ืงื‘ืœ ื•ืงื™ื™ื ื›ื™ื•ืŸ ื“ืฉืžืขื” ืœื”ื ื“ืืžืจ ืจื‘ื™ ืืœืขื–ืจ ืื™ืŸ ืื“ื ืขื•ืœื” ืœื’ื“ื•ืœื” ืืœื ืื ื›ืŸ ืžื•ื—ืœื™ืŸ ืœื• ืขืœ ื›ืœ ืขื•ื ื•ืชื™ื• ืืžืฆื™ ืœื™ื” ืื ืคืฉื™ื”

The Gemara relates: Rabbi Zeira would habitually hide himself so that they would not ordain him. He did this due to the fact that Rabbi Elazar said: Always be obscure and remain alive, meaning the more humble and unknown you make yourself, the longer you will live. When he heard that which Rabbi Elazar also said: A person does not rise to greatness unless all his sins are forgiven, he understood that there are also benefits to greatness, and he presented himself to the Nasi in order that he would ordain him.

ื›ื™ ืกืžื›ื•ื” ืœืจื‘ื™ ื–ื™ืจื ืฉืจื• ืœื™ื” ื”ื›ื™ ืœื ื›ื—ืœ ื•ืœื ืฉืจืง ื•ืœื ืคื™ืจื›ื•ืก ื•ื™ืขืœืช ื—ืŸ ื›ื™ ืกืžื›ื•ื” ืœืจื‘ื™ ืืžื™ ื•ืœืจื‘ื™ ืืกื™ ืฉืจื• ืœื”ื• ื”ื›ื™ ื›ืœ ืžืŸ ื“ื™ืŸ ื›ืœ ืžืŸ ื“ื™ืŸ ืกืžื•ื›ื• ืœื ื ืœื ืชืกืžื›ื• ืœื ื ืœื ืžืกืจืžื™ื˜ื™ืŸ ื•ืœื ืžืกืจืžื™ืกื™ืŸ ื•ืืžืจื™ ืœื” ืœื ืžื—ืžื™ืกื™ืŸ ื•ืœื ืžื˜ื•ืจืžื™ืกื™ืŸ

The Gemara relates: When they ordained Rabbi Zeira the Sages who were present at the ceremony sang to him this paean of praise traditionally sung to a bride at her wedding: She wears no blue eye shadow and no rouge on her face and no hair dye, and nevertheless she radiates grace. The bride is described as so beautiful that she does not need any cosmetics or adornments, and metaphorically Rabbi Zeira is praised as exceptionally and recognizably qualified for his appointment. Similarly, when they ordained Rabbi Ami and Rabbi Asi, they sang to them this paean of praise: Anyone like these, anyone like these, ordain for us, as they epitomized the ideal candidate for ordination. But do not ordain for us those counted among the rags [misarmitin] or among the distorters [misarmisin]. And some say that they said: Do not ordain for us those counted among the robbers [meแธฅamisin] or among the tramplers [miturmisin].

ืจื‘ื™ ืื‘ื”ื• ื›ื™ ื”ื•ื” ืืชื™ ืžืžืชื™ื‘ืชื ืœื‘ื™ ืงื™ืกืจ ื ืคืงื™ ืžื˜ืจื•ื ื™ืชื ื“ื‘ื™ ืงื™ืกืจ ื•ืžืฉืจื™ื™ืŸ ืœื™ื” ืจื‘ื” ื“ืขืžื™ื” ืžื“ื‘ืจื ื ื“ืื•ืžืชื™ื” ื‘ื•ืฆื™ื ื ื“ื ื”ื•ืจื ื‘ืจื™ืš ืžืชื™ื™ืš ืœืฉืœื

Since the songs composed for various Sages were mentioned, the Gemara also recounts that when Rabbi Abbahu would come from the yeshiva to the house of the emperor, the ladies from the emperorโ€™s house would go out and sing before him: O great one of his people, leader of his nation, illuminating candle, may your arrival be blessed in peace.

ืขืจื™ืคืช ืขื’ืœื” ื‘ืฉืœืฉื” ืชื ื• ืจื‘ื ืŸ ืณื•ื™ืฆืื• ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืšืณ ืณื–ืงื ื™ืšืณ ืฉื ื™ื ืณืฉืคื˜ื™ืšืณ ืฉื ื™ื ื•ืื™ืŸ ื‘ื™ืช ื“ื™ืŸ ืฉืงื•ืœ ืžื•ืกื™ืคื™ืŸ ืขืœื™ื”ืŸ ืขื•ื“ ืื—ื“ ื”ืจื™ ื›ืืŸ ื—ืžืฉื” ื“ื‘ืจื™ ืจื‘ื™ ื™ื”ื•ื“ื” ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ืณื–ืงื ื™ืšืณ ืฉื ื™ื ื•ืื™ืŸ ื‘ื™ืช ื“ื™ืŸ ืฉืงื•ืœ ืžื•ืกื™ืคื™ืŸ ืขืœื™ื”ื ืขื•ื“ ืื—ื“ ื”ืจื™ ื›ืืŸ ืฉืœืฉื”

ยง The mishna teaches that the breaking of the heiferโ€™s neck is performed in front of a panel of three judges, and that Rabbi Yehuda says there must be five judges. The Sages taught in a baraita: The verse states: โ€œAnd your elders and your judges shall go out and they shall measure to the cities that are around the corpseโ€ (Deuteronomy 21:2). โ€œYour eldersโ€ is in the plural, which indicates a minimum of two, and โ€œyour judgesโ€ is also plural, indicating another two, and as a court may not be composed of an even number of judges, they add an additional one to them, so there are five judges here; this is the statement of Rabbi Yehuda. Rabbi Shimon says: โ€œYour elders,โ€ indicate two, and as a court may not be composed of an even number of judges, they add an additional one to them, so there are three judges here.

ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื”ืื™ ืฉืคื˜ื™ืš ืžืื™ ืขื‘ื™ื“ ืœื™ื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืฉื•ืคื˜ื™ืš ื•ืจื‘ื™ ื™ื”ื•ื“ื” ืžื–ืงื ื™ ื–ืงื ื™ืš ื ืคืงื

The Gemara asks: But according to Rabbi Shimon, what does he do with this extra expression: โ€œYour judgesโ€? The Gemara answers: He requires it to teach that these judges must be of the unique ones among your judges, meaning that they must be members of the Sanhedrin. The Gemara asks: And how does Rabbi Yehuda derive the halakha that the judges must be members of the Sanhedrin? He derives it from the fact that the verse did not merely state: โ€œElders,โ€ but rather: โ€œYour elders,โ€ which indicates the elders that are unique to all of the Jewish people, meaning the Sages of the Sanhedrin.

ื•ืจื‘ื™ ืฉืžืขื•ืŸ ืื™ ืžื–ืงื ื™ ื”ื•ื” ืืžื™ื ื ื–ืงื ื™ ื”ืฉื•ืง ื›ืชื‘ ืจื—ืžื ื ื–ืงื ื™ืš ื•ืื™ ื›ืชื™ื‘ ื–ืงื ื™ืš ื”ื•ื” ืืžื™ื ื ืกื ื”ื“ืจื™ ืงื˜ื ื” ื›ืชื‘ ืจื—ืžื ื ื•ืฉืคื˜ื™ืš ืžืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืฉื•ืคื˜ื™ืš ื•ืจื‘ื™ ื™ื”ื•ื“ื” ื’ืžืจ ื–ืงื ื™ ื–ืงื ื™ ืžื•ืกืžื›ื• ื–ืงื ื™ ื”ืขื“ื” ืืช ื™ื“ื™ื”ื ืžื” ืœื”ืœืŸ ืžื™ื•ื—ื“ื™ืŸ ืฉื‘ืขื“ื” ืืฃ ื›ืืŸ ืžื™ื•ื—ื“ื™ืŸ ืฉื‘ื–ืงื ื™ืš

And how does Rabbi Shimon respond to this claim? He holds that had the verse written only: โ€œElders,โ€ I would say that the verse is referring to any elders in the marketplace who are not members of the Sanhedrin. Therefore, the Merciful One writes: โ€œYour elders.โ€ And if it was written: โ€œYour elders,โ€ I would say that it is referring to members of a lesser Sanhedrin. Therefore, the Merciful One writes: โ€œAnd your judges,โ€ to indicate that they must be of the unique ones among your judges. And how would Rabbi Yehuda respond to this claim? He learns it by means of a verbal analogy from the word โ€œeldersโ€ written in this verse and the word โ€œeldersโ€ written in the verse: โ€œAnd the elders of the congregation shall lay their hands on the head of the bullโ€ (Leviticus 4:15). Just as there it is referring to the unique ones of the congregation, so too here, it is referring to the unique ones among your elders.

ืื™ ื™ืœื™ืฃ ืœื™ืœืฃ ื›ื•ืœื” ืžื”ืชื ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืš ืœืžื” ืœื™ ืืœื ื•ื™ื• ื•ืฉืคื˜ื™ืš ืœืžื ื™ื™ื ื ื•ืจื‘ื™ ืฉืžืขื•ืŸ ื•ื™ื• ืœื ื“ืจื™ืฉ

The Gemara asks: If he learns this verbal analogy, he should learn all of it, i.e., the entire halakha, including the number of judges as well as their rank, from there, i.e., the verse in Leviticus, and if so why do I need the extra expressions: โ€œYour eldersโ€ and: โ€œAnd your judgesโ€? Rather, certainly he does not accept this verbal analogy. Rather, he holds that the additional letter vav, corresponding to the word โ€œandโ€ in the expression: โ€œAnd your judges,โ€ is there for the tally, meaning that the expression โ€œyour judgesโ€ teaches that they must be members of the Great Sanhedrin, and the additional vav serves to add an additional two to the number of judges. And how does Rabbi Shimon respond to that? He does not expound the additional letter vav.

ืืœื ืžืขืชื” ื•ื™ืฆืื• ืฉื ื™ื ื•ืžื“ื“ื• ืฉื ื™ื ืœืจื‘ื™ ื™ื”ื•ื“ื” ื”ืจื™ ืชืฉืขื” ืœืจื‘ื™ ืฉืžืขื•ืŸ ืฉื‘ืขื” ื”ื”ื•ื ืžื™ื‘ืขื™ ืœื™ื” ืœื›ื“ืชื ื™ื ืณื•ื™ืฆืื•ืณ ื”ืŸ ื•ืœื ืฉืœื•ื—ืŸ ืณื•ืžื“ื“ื•ืณ ืฉืืคื™ืœื• ื ืžืฆื

The Gemara asks: If that is so, if the verbs in the plural form are each understood as adding an additional two judges, then the expression: โ€œAnd they shall go out,โ€ in the continuation of the verse (Deuteronomy 21:2) indicates another two, and the expression: โ€œAnd they shall measure,โ€ adds another two, meaning that according to Rabbi Yehuda there should be nine judges, and according to Rabbi Shimon, seven. The Gemara answers: He needs this exposition for that which is taught in a baraita: The verse states: โ€œAnd they shall go out,โ€ to emphasize that they must go out, and not their agents, and the verse states: โ€œAnd they shall measure,โ€ to teach that this measurement is itself a mitzva, such that even if the corpse is found

ื‘ืขืœื™ืœ ืœืขื™ืจ ืฆืจื™ืš ืœืขืกื•ืง ื‘ืžื“ื™ื“ื”

clearly close to the city, so that there is no need to measure in order to determine the closest city, nevertheless they must involve themselves with the measurement.

ืžืชื ื™ืชื™ืŸ ื“ืœื ื›ื™ ื”ืื™ ืชื ื ื“ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ืณื•ื™ืฆืื• ื–ืงื ื™ืš ื•ืฉืคื˜ื™ืšืณ ืณื–ืงื ื™ืšืณ ื–ื• ืกื ื”ื“ืจื™ืŸ ืณื•ืฉืคื˜ื™ืšืณ ื–ื” ืžืœืš ื•ื›ื”ืŸ ื’ื“ื•ืœ ืžืœืš ื“ื›ืชื™ื‘ ืณืžืœืš ื‘ืžืฉืคื˜ ื™ืขืžื™ื“ ืืจืฅืณ ื›ื”ืŸ ื’ื“ื•ืœ ื“ื›ืชื™ื‘ ืณื•ื‘ืืช ืืœ ื”ื›ื”ื ื™ื ื”ืœื•ื™ื ื•ืืœ ื”ืฉืคื˜ืณ

ยง The Gemara comments: The mishna is not in accordance with the opinion of this tanna, as it is taught in a baraita: Rabbi Eliezer ben Yaโ€™akov says: With regard to the breaking of the neck of the heifer, the verse states: โ€œAnd your elders and your judges shall go outโ€ (Deuteronomy 21:2). โ€œYour elders,โ€ this is referring to the Sanhedrin; โ€œand your judges,โ€ this is referring to the king and the High Priest. The baraita explains the assertion that the king is called a judge, as it is written: โ€œThe king by justice establishes the landโ€ (Proverbs 29:4), and the High Priest is also called a judge, as it is written: โ€œAnd you shall come to the priests the Levites, and to the judge that will be in those daysโ€ (Deuteronomy 17:9), referring to the High Priest.

ืื™ื‘ืขื™ื ืœื”ื• ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื‘ื—ื“ื ืคืœื™ื’ ืื• ื‘ืชืจืชื™ ืคืœื™ื’ ื‘ืžืœืš ื•ื›ื”ืŸ ื’ื“ื•ืœ ืคืœื™ื’ ืื‘ืœ ื‘ืกื ื”ื“ืจื™ ืื™ ื›ืจื‘ื™ ื™ื”ื•ื“ื” ืื™ ื›ืจื‘ื™ ืฉืžืขื•ืŸ ืื• ื“ื™ืœืžื ื‘ืกื ื”ื“ืจื™ ื ืžื™ ืคืœื™ื’ ื“ืืžืจ ื›ื•ืœื” ืกื ื”ื“ืจื™ ื‘ืขื™ื ืŸ

A dilemma was raised before the Sages: Does Rabbi Eliezer ben Yaโ€™akov disagree with the tannaโ€™im of the mishna only with regard to one matter, or does he disagree with regard to two matters? Does he disagree only with regard to the requirement for the king and the High Priest to participate in the measurement, but with regard to the Sanhedrin he holds either in accordance with the opinion of Rabbi Yehuda or in accordance with the opinion of Rabbi Shimon? Or perhaps he disagrees with regard to the Sanhedrin, too, as he says we require all of the members of the Sanhedrin to participate in the measurement.

ืืžืจ ืจื‘ ื™ื•ืกืฃ ืชื ืฉืžืข ืžืฆืืŸ ืื‘ื™ืช ืคื’ื™ ื•ื”ืžืจื” ืขืœื™ื”ืŸ ื™ื›ื•ืœ ืชื”ื ื”ืžืจืืชื• ื”ืžืจืื” ืชืœืžื•ื“ ืœื•ืžืจ ืณื•ืงืžืช ื•ืขืœื™ืช ืืœ ื”ืžืงื•ืืณ ืžืœืžื“ ืฉื”ืžืงื•ื ื’ื•ืจื

Rav Yosef said: Come and hear a solution to this dilemma from a baraita discussing the case of a rebellious elder, a Sage who publicly teaches a halakha against the ruling of the Great Sanhedrin: If the rebellious elder found the members of the Sanhedrin in Beit Pagei outside of Jerusalem and rebelled against them by rejecting their decision, one might have thought that his rebellion is deemed a rebellion and he will be liable to receive the death penalty if he instructs the public to follow his opinion. Therefore, the verse states: โ€œAnd you shall arise and go up to the place that the Lord your God shall chooseโ€ (Deuteronomy 17:8), and this teaches that the location determines the authority of the Sanhedrin; to a certain extent this authority exists only when the Sanhedrin is situated in the Chamber of Hewn Stone, adjacent to the Temple.

ื“ื ืคื•ืง ื›ืžื” ืื™ืœื™ืžื ืžืงืฆืชืŸ ื“ื™ืœืžื ื”ื ืš ื“ืื™ื›ื ื’ื•ืื™ ืงื™ื™ืžื™ ื›ื•ื•ืชื™ื” ืืœื ืคืฉื™ื˜ื ื“ื ืคื•ืง ื›ื•ืœื”ื• ืœืžืื™ ืื™ืœื™ืžื ืœื“ื‘ืจ ื”ืจืฉื•ืช ืžื™ ืžืฆื• ื ืคืงื™ ื•ื”ื›ืชื™ื‘ ืฉืจืจืš ืื’ืŸ ื”ืกื”ืจ ืืœ ื™ื—ืกืจ ื”ืžื–ื’ ืืœื ืคืฉื™ื˜ื ืœื“ื‘ืจ ืžืฆื•ื”

The Gemara clarifies: In the case discussed in the baraita, how many members of the Sanhedrin went out to Beit Pagei? If we say that only some of them went out, there is no significance in such a ruling issued by the rebellious elder, as perhaps those who are inside the Chamber of Hewn Stone are the majority and hold in accordance with his opinion; in which case he certainly would not be deemed a rebellious elder. Rather, it is obvious that they all went out. And for what reason did they go out? If we say that they did so for an optional matter, may they go out? But isnโ€™t it written: โ€œYour navel is like a round goblet wherein no blended wine is lackingโ€ (Song of Songs 7:3), from which it is inferred that the Sanhedrin sit in a half-circle, and there must never be more than two-thirds of them lacking, as this is the measure of wine blended in water. Rather, since the Sanhedrin may not leave the chamber unnecessarily, it is obvious that they went out for a matter relating to a mitzva.

ื”ื™ื›ื™ ื“ืžื™ ืœืื• ืœืžื“ื™ื“ืช ืขื’ืœื” ื•ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื”ื™ื ื“ืืžืจ ื›ื•ืœื™ ืกื ื”ื“ืจื™ ื‘ืขื™ื ืŸ ืืžืจ ืœื™ื” ืื‘ื™ื™ ืœื ื›ื’ื•ืŸ ืฉื™ืฆืื• ืœื”ื•ืกื™ืฃ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ื›ื“ืชื ืŸ ืื™ืŸ ืžื•ืกื™ืคื™ืŸ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ืืœื ื‘ื‘ื™ืช ื“ื™ืŸ ืฉืœ ืฉื‘ืขื™ื ื•ืื—ื“

What are the circumstances? Is it not that they went out to measure the distance between a murder victim and the nearest city, in order to perform the ritual of the breaking of the neck of the heifer, and it is in accordance with the opinion of Rabbi Eliezer ben Yaโ€™akov, from which it can be deduced that he says: We require all of the Sanhedrin to participate? Abaye said to him: No, that cannot be proven from here, as perhaps it is a case where they went out to extend the city of Jerusalem or the courtyards of the Temple, as we learned in the mishna: They may extend the city or the courtyards of the Temple only in accordance with the ruling of a court of seventy-one judges.

ืชื ื™ื ื›ื•ื•ืชื™ื” ื“ืจื‘ ื™ื•ืกืฃ ืžืฆืืŸ ืื‘ื™ืช ืคืื’ื™ ื•ื”ืžืจื” ืขืœื™ื”ืŸ ื›ื’ื•ืŸ ืฉื™ืฆืื• ืœืžื“ื™ื“ืช ืขื’ืœื” ื•ืœื”ื•ืกื™ืฃ ืขืœ ื”ืขื™ืจ ื•ืขืœ ื”ืขื–ืจื•ืช ื™ื›ื•ืœ ืฉืชื”ื ื”ืžืจืืชื• ื”ืžืจืื” ืชืœืžื•ื“ ืœื•ืžืจ ืณื•ืงืžืช ื•ืขืœื™ืช ืืœ ื”ืžืงื•ืืณ ืžืœืžื“ ืฉื”ืžืงื•ื ื’ื•ืจื

It is taught in a baraita in accordance with the opinion of Rav Yosef: If he found them in Beit Pagei and rebelled against them, such as in a situation where they went out to measure the distance between a murder victim and the nearest city, in order to perform the ceremony of the breaking of the neck of the heifer or to extend the city or the courtyards, one might have thought that his rebellion is deemed a rebellion. Therefore, the verse states: โ€œAnd you shall arise and go up to the place,โ€ which teaches that the location determines the authority of the Sanhedrin. This proves that there is a tanna who maintains that all of the members of the Sanhedrin must participate in the measurement.

ื ื˜ืข ืจื‘ืขื™ ื•ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ื‘ืฉืœืฉื” ืชื ื• ืจื‘ื ืŸ ืื™ื–ื”ื• ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ืคื™ืจื•ืช ืฉื”ืจืงื™ื‘ื• ื•ื™ื™ืŸ ืฉื”ืงืจื™ื ื•ืžืขื•ืช ืฉื”ื—ืœื™ื“ื• ืชื ื• ืจื‘ื ืŸ ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ืคื•ื“ื™ืŸ ืื•ืชื• ื‘ืฉืœืฉื” ืœืงื•ื—ื•ืช ืื‘ืœ ืœื ื‘ืฉืœืฉื” ืฉืื™ืŸ ืœืงื•ื—ื•ืช ืืคื™ืœื• ื ื›ืจื™ ืื—ื“ ืžื”ืŸ ืืคื™ืœื• ืื—ื“ ืžื”ื ื‘ืขืœื™ื

ยง The mishna teaches: Valuations of the fruits of a fourth-year sapling or second-tithe produce in cases where their value is not known is performed by three judges. The Sages taught in a baraita: What is the second tithe whose value is not known and requires a special court to assess it? This is fruit that has decomposed, and wine that has developed a film, and coins that have become rusted and cannot be traded at full value. Therefore, there is a need for expert assessment. The Sages taught in another baraita: The second tithe whose value is not known may be redeemed by three purchasers, i.e., experts in trade, but not by three ordinary people who are not purchasers. This may be done even if one of them is a gentile, and even if one of them is the owner.

ื‘ืขื™ ืจื‘ื™ ื™ืจืžื™ื” ืฉืœืฉื” ื•ืžื˜ื™ืœื™ืŸ ืœืชื•ืš ื›ื™ืก ืื—ื“ ืžื”ื• ืชื ืฉืžืข ืื™ืฉ ื•ืฉืชื™ ื ืฉื™ื• ืคื•ื“ื™ืŸ ืžืขืฉืจ ืฉื ื™ ืฉืื™ืŸ ื“ืžื™ื• ื™ื“ื•ืขื™ืŸ ื“ื™ืœืžื ื›ื’ื•ืŸ ืจื‘ ืคืคื ื•ื‘ืช ืื‘ื ืกื•ืจืื”

Rabbi Yirmeya asks: Concerning three people who deposit their funds into one single purse, meaning they are partners in expenses and profits, what is the halakha? With regard to valuations, are they considered as three people or as one? The Gemara answers: Come and hear a solution to the matter from a baraita: A man and his two wives may redeem produce of the second tithe where its value is unknown. It is apparent that three partners are considered a court for this matter. The Gemara rejects this proof: Perhaps this was a case of a marriage with special arrangements, such as that between Rav Pappa and his wife, the daughter of Abba of Sura. Rav Pappa and his wife handled their finances independently; she had her own property and was responsible for her own expenses.

ื”ื”ืงื“ืฉื•ืช ื‘ืฉืœืฉื” ืžืชื ื™ืชื™ืŸ ื“ืœื ื›ื™ ื”ืื™ ืชื ื ื“ืชื ื™ื ืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ืื•ืžืจ ืืคื™ืœื• ืฆื™ื ื•ืจื ืฉืœ ื”ืงื“ืฉ ืฆืจื™ื›ื” ืขืฉืจื” ื‘ื ื™ ืื“ื ืœืคื“ื•ืชื”

ยง The mishna teaches that the valuation of consecrated property is performed by three judges. The Gemara comments: The mishna is not in accordance with the opinion of this tanna, as it is taught in a baraita: Rabbi Eliezer ben Yaโ€™akov says: Even a simple item such as a small fork of consecrated property requires a valuation by ten people in order to redeem it.

ืืžืจ ืœื™ื” ืจื‘ ืคืคื ืœืื‘ื™ื™ ื‘ืฉืœืžื ืœืจื‘ื™ ืืœื™ืขื–ืจ ื‘ืŸ ื™ืขืงื‘ ื“ืืžืจ ื›ืฉืžื•ืืœ ื“ืืžืจ ืฉืžื•ืืœ ืขืฉืจื” ื›ื”ื ื™ื ื›ืชื•ื‘ื™ืŸ ื‘ืคืจืฉื” ืืœื ืœืจื‘ื ืŸ ืฉืœืฉื” ืžื ื ืœื”ื•

Rav Pappa said to Abaye: Granted, the opinion of Rabbi Eliezer ben Yaโ€™akov can be understood, since what he says is in accordance with the opinion of Shmuel. As Shmuel says: Ten priests are written in this Torah portion, meaning the word โ€œpriestโ€ appears ten times in the passage discussing consecrated property and redeeming consecrated property (Leviticus, chapter 27). For each time the word โ€œpriestโ€ is stated, a judge is added to the court that must endorse the calculation of the redemption, leading to a total of ten judges. But according to the opinion of the Rabbis, from where do they derive a requirement for three judges?

ื•ื›ื™ ืชื™ืžื ื“ื›ืชื™ื‘ ื‘ื”ื• ืฉืœืฉื” ืงืจืงืขื•ืช ื“ื›ืชื™ื‘ ื‘ื”ื• ืืจื‘ืขื” ืชื™ืกื’ื™ ื‘ืืจื‘ืขื” ื•ื›ื™ ืชื™ืžื ื”ื›ื™ ื ืžื™ ืืœืžื” ืชื ืŸ ื”ืงืจืงืขื•ืช ืชืฉืขื” ื•ื›ื”ืŸ

And if you would say that the word โ€œpriestโ€ is written with regard to them, i.e., with regard to the specific halakha of redeeming a consecrated animal, which can be generalized to any case of movable property, only three times (Leviticus 27:11โ€“12), then in a case of redeeming land, with regard to which the word โ€œpriest,โ€ is written four times (Leviticus 27:14, 18, 23), it should be enough to perform the valuation in a court of four judges. And if you would say: Indeed that is the case, why did we learn in the mishna that the valuation of consecrated land is performed by nine judges and one priest?

ืืœื ืžืื™ ื“ืžืฉืœืžื™ ื‘ื”ื• ืขืฉืจื” ื”ืงื“ืฉื•ืช ื“ืžืฉืœืžื™ ื‘ื”ื• ืฉื™ืชื ืœื™ื‘ืขื• ืฉื™ืชื ืงืฉื™ื

Rather, what would you say? That the count of ten instances of the word โ€œpriestโ€ written in the section is completed with these, meaning that there is a cumulative calculation of all mentions of the word since the beginning of the passage? If so, concerning consecrated items such as animals, given that a similar cumulative count of six is completed with them, they should require six judges to perform the valuation. The Gemara concludes: Indeed, the matter is difficult.

ื”ืขืจื›ื™ืŸ ื›ื•ืณ ืžืื™ ืขืจื›ื™ืŸ ื”ืžื˜ืœื˜ืœื™ืŸ ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘ ื‘ืื•ืžืจ ืขืจืš ื›ืœื™ ื–ื” ืขืœื™ ื“ืืžืจ ืจื‘ ื’ื™ื“ืœ ืืžืจ ืจื‘

ยง The mishna teaches that the valuations that are movable property are performed by three judges. The Gemara asks: What is the meaning of: Valuations that are movable property? The term: Valuations, generally is referring to a unique type of calculation in which one vows to contribute the value of a person, according to the set amounts explicitly stated in the Torah (see Leviticus 27:1โ€“8). This type of calculation does not apply to property, so to what does the mishna refer? Rav Giddel says that Rav says: The mishna was discussing a case where one says: The valuation of this utensil is incumbent upon me to contribute. As Rav Giddel says that Rav says:

Scroll To Top