סנהדרין 87

87:1

Now, it is correct to say that the Temple was higher than [the rest of] Palestine, since it is written, and thou shalt ascend; but whence does he learn that Palestine is more elevated than all other countries? — From the passage, Therefore, behold the days come, saith the Lord, that they shall no more say, The Lord liveth, which brought up the children of Israel out of the land of Egypt,' But the Lord liveth, which brought up and which led the seed of the house of Israel out of the north country, and from all the countries whither I have driven them; and they shall dwell in their own land. Our Rabbis taught: A rebellious elder is liable only for a matter the deliberate transgression of which is punished by extinction, whilst the unwitting offence involves a sin offering: this is R. Meir's view. R. Judah said: For a matter of which the fundamental principle is Biblical, whilst its interpretation is by the Scribes. R. Simeon said: Even for a single detail arising out of the subtle interpretations of the Rabbis. What is R. Meir's reason? — He draws an analogy from the use of dabar [matter] in two places: Here it is written, If there arise a dabar [matter] too hard for thee in judgement; and elsewhere it is written, [And if the whole congregation of Israel sin through ignorance,] the matter [dabar] being hidden from the eyes of the assembly: just as there [the reference is to] a provision which if deliberately transgressed is punished by extinction, whilst if unwittingly, involves a sin offering, so here too. And R. Judah? — [Scripture states:] According to the Torah which they shall teach thee, intimating that both the Torah [i.e., the basic law] and their [sc. the Scribes,] teaching [i.e., the interpretation thereof] must be involved. Whilst R. Simeon's reason is: [And thou shalt do according to the sentence,] which they of that place shall shew thee, indicating even the smallest nicety. R. Huna b. Hinena said to Raba, Explain me the above Baraitha according to R. Meir. Thereupon Raba said to R. Papa. Go forth and explain it to him. [Thus:] If a matter be outstandingly difficult [yippale]: the Writ refers to an outstanding member, [mufla] of Beth din; 'thee', to a [question needing a] counsellor, who knows how to determine the intercalation of years and fixation of months. [Now, the rebelliousness of the elder may be in respect of] what we learnt: They testified that a leap year may be proclaimed during the whole month of Adar. [This testimony was necessary,] because they [i.e., the other Sages] maintained: Only until Purim. [Hence, if the elder flouted the ruling of the great Beth din] in either direction, he permitted leaven to be eaten on the Passover. '"A thing" refers to a [traditional] halachah.' By this is meant the [traditional] halachahs of the eleventh [day]. For it has been stated: As for the tenth day. R. Johanan maintained that it is as the ninth, whilst R. Simeon b. Lakish ruled that it is as the eleventh. R. Johanan maintained that it is as the ninth: Just as [a blood discharge on] the ninth necessitates observation, so for an issue on the tenth too observation is required. But Resh Lakish ruled that the tenth day is as the eleventh: just as [a blood discharge on] the eleventh does not necessitate observation, so on the tenth too no observation is required. '"In judgment", — this means [a law deduced by] a din.'

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87:2

"'Between blood and blood" — the blood of a niddah, childbirth, and gonorrhoea'. 'The blood of a niddah', — this enters into the dispute of Akabia b. Mahalalel and the Rabbis. For we learnt: A greenish [discharge of] blood: Akabia b. Mahalalel declares it unclean, and the Sages declare it clean. 'The blood of childbirth,' — this depends on the dispute between Rab and Levi. For it has been stated: Rab said, It [all] issues from one and the same source, the Torah declaring it unclean [during the first fourteen days], and clean [the following sixty six days]. Levi said, It proceeds from two different sources: [at the end of fourteen days] the unclean [source] is closed and the clean one opened: [at the end of eighty days] the source of clean [blood] is closed and that of unclean [blood] opened. 'And the blood of gonorrhoea [zibah]'. — This enters into the dispute of R. Eliezer and R. Joshua. For we learnt: If a woman was in labour for three days within the eleven, then ceased for twenty four hours [lit., 'from time to time' — from an hour on one day to the same on the next]. and then gave birth, she is regarded as a woman bearing with a gonorrhoeic discharge: this is R. Eliezer's opinion. R. Joshua said, [The cessation must be] a night and a day, as the night and day of the Sabbath. The cessation referred to is cessation from labour, not from blood[-discharge]. '"Between ruling and ruling" — whether they be capital or civil cases, or cases involving flagellation.' Civil cases depend on the dispute between Samuel and R. Abbahu. For Samuel said, If two [judges] gave a [civil] ruling, their action is valid, but that they are dubbed 'an impudent court', whilst R. Abbahu maintained: All agree that their decision is invalid. 'Capital cases' — in this the dispute of Rabbi and the Rabbis is involved. For it has been taught: Rabbi said, Then thou shalt give life for life — this refers to monetary compensation. You say, monetary compensation: but perhaps this is not so, life being literally meant? — 'Giving' is stated below: It is also stated above: just as the latter refers to money, so the former too. 'Cases involving flagellation. — This is dependent on the dispute of R. Ishmael and the Rabbis. For we learnt: Flagellation [is imposed by [a court of] three. On the authority of R. Ishmael it was said, by twenty-three. '"Between [leprous] plague spots and plague spots", including leprosy in man, houses, and garments. Leprosy in man depends on the dispute of R. Joshua and the Rabbis. For we learnt: If the bright spot preceded the white hair, he is unclean, If the reverse, he is clean. [If the order is] in doubt, he is unclean; R. Joshua said, It is as though darkened. What does this mean? — Raba said, [When the spot is] darkened, he is clean. 'Leprosy in houses.' — This enters into the dispute of R. Eleazar, son of R. Simeon and the Rabbis. For we learnt: R. Eleazar, son of R. Simeon said: A house never becomes unclean unless a plague spot appears the size of two beans on two stones in two walls, and at the angle of the walls; it must be two beans in length and one in breadth. Why so? Because the Bible refers to the 'walls' [of the house] and also to the 'wall': where is one wall as two? At its angle. 'Leprosy in garments.' — This depends on the dispute of R. Nathan b. Abtolemos and the Rabbis. For it has been taught: R. Nathan b. Abtolemos said: Whence do we know

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