Sanhedrin

Our Mishnah  is not in accord with the following Tanna. For it has been taught: R. Eliezer b. Jacob says, Thy elders and thy judges shall come forth.  'Thy elders', refers to the Sanhedrin; 'and thy judges', to the King and High Priest. [That it 'refers to] the King' is deduced from the verse, The King by justice establisheth the land.  'The High Priest', as it is written, And thou shalt come unto the Priests, the Levites and unto the Judges. The schoolmen asked: Does R. Eliezer b. Jacob differ from the Mishnah in one thing, or in two? Does he differ only with respect to the King and High Priest,  but as to the [number of the members of the] Sanhedrin, [he agrees with] either R. Judah or R. Simeon; or does he differ on that point too, requiring the whole Sanhedrin to come forth? — Said R. Joseph: Come and hear! If he [sc. the rebellious elder]  found them  at Beth Pagi,  and there rebelled against their decision, one might assume that his rebellion was punishable.  Scripture therefore declares, And then shalt thou arise and get thee up unto the place,  [thus teaching] that it is the place that conditions [the act].  Now, how many had gone out? If only part of the Sanhedrin [how could the elder be condemned?] Perhaps those remaining inside would have agreed with him? It is clear therefore that the whole of the Sanhedrin must have gone out, But if so, for what? Shall we say, for a secular purpose! Are they then permitted to go out? Is it not written, Thy navel is like a round goblet wherein no mingled wine is wanting?  Hence it was obviously for a religious purpose, and for what else, if not for measuring in connection with the heifer, the author of the passage being R. Eliezer b. Jacob, who holds that the attendance of the whole Sanhedrin is required?  Abaye retorted: No; they might have gone out for the purpose of enlarging the city  or the Temple court-yards, as we learnt: The city or the Temple court-yards may be enlarged only by [the sanction of] a court of seventy-one. The following Baraitha agrees with R. Joseph:  If he  met them  at Beth Pagi and rebelled against their decision, when, for example, they had gone out for the purpose of measuring in connection with the heifer, or for the enlargement of the city or the Temple Courtyards, you might assume that his rebellion is culpable;  but it is written, — And thou shalt arise and get thee up to the place,  to teach that it is the place that conditions [the act]. THE VALUATION OF THE FOURTH YEAR'S FRUIT, AND THE SECOND TITHE THE VALUE OF WHICH IS NOT KNOWN, IS BY THREE. Our Rabbis taught: What kind of second tithe has no established price? Decayed fruit, wine that has grown a skin,  and rusty coins. Our Rabbis taught: The second tithe that has no fixed price is to be redeemed [at the valuation of] three [experienced] dealers, but not by three who are inexperienced.  Even a Gentile or the owner may be amongst the assessors. R. Jeremiah propounded: What of three who are business partners,  [can they be appointed valuers]? — Come and hear! 'A man and his two wives may redeem the second tithe of unknown value.'  Perhaps in a case such as that of R. Papa and [his wife], the daughter of Abba from Sura. DEDICATION IS BY THREE. Our Mishnah is not in accordance with the following Tanna: For it has been taught: R. Eliezer b. Jacob said: Even a hook of the sanctuary requires ten persons [to assess it] for its redemption. R. Papa said to Abaye: As to R. Eliezer b. Jacob's opinion, it is well, its grounds being Samuel's dictum. For Samuel said: There are ten Biblical references to Priest in the Chapter.  But whence do the Rabbis learn that only three [are required]? And should you answer: Because it [sc. the word Priest] appears three times in relation thereto;  then since with reference to land [redemption] the word appears four times, let four be sufficient? And should you say that this is indeed so, have we not learnt: THE VALUATION OF LAND REQUIRES NINE PERSONS AND A PRIEST? But what [will you say]? — That this is because with these verses the ten references are completed? Then should not other consecrated objects,  with the section on which six such references are completed, require six assessors? The difficulty was not solved. THE ASSESSMENT OF MOVABLE OBJECTS etc. What is meant by THE ASSESSMENT OF MOVABLE OBJECTS?  R. Giddal, reporting Rab, says: For example, one who says, 'I undertake to give the value of this vessel';  for, R. Giddal said, reporting Rab: